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Terms of Use
ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS TERMS OF USE (“AGREEMENT”). YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS AN ABSOLUTE CONDITION OF YOUR USE OF THE 123RF.COM WEBSITE (“SITE”) AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND INMAGINE LAB PTE. LTD. (HEREAFTER ”123RF”). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 123RF RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS TERMS OF USE (“AGREEMENT”). YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS AN ABSOLUTE CONDITION OF YOUR USE OF THE 123RF.COM WEBSITE (“SITE”) AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND INMAGINE LAB PTE. LTD. (HEREAFTER ”123RF”). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 123RF RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.
- OWNERSHIP
- AUTHORIZED USE
- LINKS TO THIRD PARTY SITES
- LIMITED WARRANTY
- YOU REPRESENT, WARRANT AND COVENANT THAT:
- You are at least sixteen (16) (if you are residing in EU) / eighteen (18) years of age (if you reside everywhere else aside from EU) and have the right to enter into this Agreement;
- You will not use the Content in any way that is not permitted by this Agreement, EULA or any other relevant licensing agreements;
- Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
- The information you provide to 123RF is accurate and true, including without limitation all credit card information; and
- You agree that all passwords to your 123RF account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to:
- terminate this Agreement immediately with notice to you;
- retain all unpaid payments pursuant to this Agreement; and
- seek any legal or equitable remedies.
- DMCA NOTICE
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 123RF to locate the material;
- Information reasonably sufficient to permit 123RF to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- DMCA Counter-Notifications
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled providing specific URLs is recommended;
- A statement under penalty of perjury that you have good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
- Your name, address, telephone number, and email address; and
- A statement that (i) you consent to the jurisdiction in the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, that you consent to jurisdiction in the Central District of California, and (ii) you will accept service of process from the person who provided notification of the alleged infringement (or an agent of such person).
- Counter Repeat Infringer Policy
- INCORRECT PRICING AND INFORMATION
- LIMITATION OF REMEDIES
- Cancellation / Expiration: In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement, EULA and other relevant licensing agreements.
- No Monetary Damages: Under no circumstances whatsoever will 123RF be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if 123RF or a distributor authorized by 123RF has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
- INDEMNIFICATION
- USAGE
- SUBSCRIPTION PLANS
- Subscription plans cannot be upgraded nor downgraded upon download of the first Content.
- There shall be no extension of subscription period if you fail to download any Content due to Internet connectivity problems. 123RF will fully reimburse the 'lost days' only if the Site is inaccessible worldwide (i.e. system down) for a continuous duration of eight (8) hours or more.
- The Content will no longer be available for download once the subscription period ends.
- Auto Renewal subscription plans will be automatically renewed three (3) days before it expires. You can cancel Auto Renewal at any time on the Site (go to 'My Account' and update 'My Purchased Plan') or by contacting our support team.
- CREDIT PLANS
- Credit plans purchased cannot be downgraded. Upgrades however, will be entertained.
- Credits will expire within one (1) year from the date of purchase.
- Credits are valid for use anytime within a year of purchase.
- NO WAIVER
- UNILATERAL ACTION
- monitor anything you download from the Site, as frequently as 123RF in its sole discretion determines;
- limit downloads to a fixed number of total downloads per twenty-four (24) hour period, per user, as to ensure the best possible service to all 123RF subscribers;
- track any abuse of your username and password in connection with the Site or in connection with this Agreement;
- terminate your account immediately if we detect you are using, or are trying to use any automated means to download the Content; and
- terminate your account, without notice, if it finds what 123RF believes to be any violation of this Agreement and/or any abuse of your username and password. If your account is terminated for any violation of this Agreement and/or any abuse of a username or password, you shall lose all rights to the Content, must immediately delete all Content acquired from 123RF, and forfeit all fees paid.
- JURISDICTION
- This Agreement shall be governed by the laws of Singapore, without regard to the conflict of laws principles.
- All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Singapore under the Singapore International Arbitration Centre (“SIAC”) administered SIAC Arbitration Rules in force when the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
- You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to 123RF such that damages and remedies under Singapore Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Singapore, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.
- LEGAL FEES
- ASSIGNABILITY
- ENTIRE CONTRACT
- SEVERABILITY
- PRIVACY POLICY
- PROMOTIONAL LOGO
The Site is owned and operated by Inmagine Lab Pte. Ltd.. All images on the Site are owned by 123RF or its partners / contributors and are protected by International copyright laws and international treaty provisions. 123RF retains all rights not expressly granted by this Agreement. The license contained in this Agreement will terminate automatically without notice from 123RF, if you fail to comply with any provision of this Agreement. Upon termination, you must delete and destroy all materials obtained from the Site, copies, and related documentation thereof. In addition, 123RF reserves the right to terminate the Site without notice.
Any content downloaded by you from the Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Content”) is licensed to you by 123RF. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the 123RF End User License Agreement (EULA) and any relevant licensing agreements.
123RF provides links to third-party sites as a convenience to you. 123RF does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by 123RF of such sites. 123RF is not responsible for the content of any linked sites.
123RF represents that it has the right to enter into this Agreement and has the right to grant this Agreement under these terms.
123RF warrants that the Content will be free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date you download or receive it.
EXCEPT AS PROVIDED ABOVE, THE CONTENT, ARE PROVIDED 'AS IS' 'AS AVAILABLE' AND 'WITH ALL FAULTS' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 123RF DOES NOT WARRANT THAT THE CONTENT AND THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND THE SITE ARE WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT 123RF OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and it is accessible on this Site, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (”DMCA”). To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to 123RF's designated agent that includes substantially the following:
The above information must be submitted as a written notification to the following Designated Agent of 123RF at the email address: dmca@123rf.com.
Written notifications may also be sent to the below address, but please note there may be a significant delay in receiving your notice:
Inmagine Lab Pte. Ltd.
Attn: Copyright Agent
11 Collyer Quay
#17-00, The Arcade (Office Suite#1715)
Singapore 049317
dmca@123rf.com
PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).
NOTE: This information is provided exclusively for notifying 123RF that your copyrighted material(s) might have been infringed. Any other inquiries, including technical support requests, billing questions, reports of email abuse and third-party reports of piracy, will not receive a response through this process.
If you believe in good faith that your content was wrongly removed in response to a copyright complaint, you may send a counter-notification to our Designated Agent, as mentioned in Section 6 above, containing the following information:
123RF is committed to complying with the DMCA and requires all users of the Site to comply as well. In order to protect the rights of copyright holders, 123RF implements a repeat infringer policy under which it may terminate the accounts of users who repeatedly violate the DMCA. 123RF’s repeat infringer policy is implemented seriously. A user may be a “repeat infringer” due to multiple copyright complaints against them within a certain period of time; however, 123RF reserves the right to terminate a user upon receiving any number of DMCA notifications from content owners. If a user’s account is terminated pursuant to 123RF’s repeat infringer policy, the user will be notified.
123RF has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Content's information is incorrect or the Content is priced wrongly, in such situation 123RF has the right to cancel the transaction and refund the payment, if the transaction has been made.
You agree to fully defend and indemnify 123RF, its employees, directors, and officers, and anyone else associated with 123RF, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above or the terms of this Agreement.
123RF reserves the right to change and amend the prices of any credit / subscription package or the credit download rates and download sizes without prior notice to you. However, 123RF will always endeavour to notify you of any impending price changes.
Failure by 123RF to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
You understand and agree that 123RF may, in its sole discretion:
If 123RF is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse 123RF for its legal fees, costs, and disbursements if 123RF is successful.
The parties are independent contractors and no employment, agency, or joint venture is created hereunder. This Agreement, and any rights and licenses granted hereunder may not be transferred or assigned by You but may be assigned by us without restriction
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and 123RF, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and 123RF relating to the subject of this Agreement. The explanations to FAQ's and other explanations and content provided in the Site are for your information only and are not, and shall not be construed as, part of this Agreement.
Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions.
We only use your information as described in the Privacy Policy which is incorporated into these this Agreement by reference.
You further agree that by your continued use of the Site, you agree to the terms of this Agreement and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by the Site.
Your continued use of the Content, services and/or the Site implies your full consent to 123RF's use of your corporate / business identity logos for promotional purposes of 123RF without the need for payment of any consideration thereof.
Last Updated: 8 July 2022
