Ellen's Images, Inc. Terms of Service and Standard License Agreement

This is a Legal Agreement This is a legal agreement (the "Agreement") between you and/or your company ("you"), and Ellen's Images, Inc. ("EI"). By opening a CD-ROM with our images or otherwise receiving images from www.ellensimages.com (the "EI Website"), you agree to the terms and conditions of this Agreement.

Copyright and Ownership The transaction between us is a non-exclusive, non-transferable license, and not a sale, which means that the images on a CD-ROM we send you and appearing on the EI Website are proprietary and copyrighted.

All rights to these images are owned and reserved by EI and/or the other artists who have agreed to include their material in a CD-ROM or on the EI Site. As a result, you cannot resell our images without our permission unless otherwise stated herein.

License Terms All of our images are royalty free, meaning you do not have to pay EI for each use of the image once you have purchased a standard license. Although EI permits you to do a lot of different things with our images, some things require special permission from us as explained below.

This license permits you to use the images for any non-resale, commercial purpose such as magazine advertising, product packaging, marketing brochures, business presentations, television commercials, online or offline multimedia projects, computer games and web designs.

This license also permits you to use the images for any personal purposes, such as artwork in your home, screensavers on your personal computer and the like.

If you are a television station that is part of a network or group, this license permits use of our images by a single station only. As a result, other stations in your network or group will need to acquire a separate license from us.

If you wish to re-license our images (as part of a photo library or as stand-alone stock photos or by other means), or if any of our images are to be included in items you create for resale (such as greeting cards, posters, t-shirts, coffee mugs and other merchandise), you must obtain a Resale License from EI, which is easy to do – just contact us at info@ellensimages.com.

Since this license is non-exclusive, we can license to others the same images you have acquired from us. As a result, you may not use our images in any manner that creates a trademark, copyright or other legal entitlement in your name regarding our images, nor may you take any other action that prevents others from using our images.

If you wish to acquire exclusive licensing rights to an image (so that you are the only person who can use it for certain purposes or for a certain period of time), or if you wish to purchase an image altogether (so that you become the sole owner of the images and its copyrights), please contact us at info@ellensimages.com.

You may alter our images without our permission, but you may not use our images in any form of pornographic, defamatory, scandalous, immoral or illegal material. If you do so, you are solely responsible for any legal liability resulting from such alteration or prohibited usage.

While we hope you are satisfied with our images, we are not liable to you for any consequential, incidental, indirect or other damages of any nature (including without limitation damages for loss of business profits, business interruption and the like) arising out of your use of, or inability to use, our images.

We do, however, warrant that all of the images included on a CD-ROM we send you or appearing on the EI Site are properly owned or controlled by EI and/or its artist contributors sufficient to grant you this license. We further warrant that any CD-ROM we send you will be free of defects, bugs or viruses for a period of 90 days from delivery.

We do not make any other express or implied warranties of any nature, such as but not limited to implied warranties of merchantability or fitness for any particular purpose.

In the unlikely event you are unable to use an image as permitted by this license because of our inability to meet the above express warranties, your sole and exclusive remedy for a breach of these warranties is replacement of the CD-ROM or a refund of the license fee, at our option.

Revisions to This Agreement We reserve the right to revise, amend, or modify the terms and conditions of this Agreement at any time and in any manner. Any revision, amendment, or modification will be posted on the EI Website.

Privacy Policy Any information we collect about you is subject to our Privacy Policy, which may be found on the EI Website.

Controlling Law This Agreement is governed by the laws of Virginia applicable to agreements made and to be performed entirely in Virginia. Any legal action relating to this Agreement shall take place solely in the City of Alexandria, Virginia.