1. ACCEPTANCE OF TERMS
2. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
2.3 Unless you enter into a license agreement with DCBPresents you may not download, distribute, display and/or copy any DCBPresents Content.
2.4 You may not remove any watermarks or copyright notices contained in the DCBPresents Content.
3. DCBPresents TRADEMARKS
3.3 You agree that you will not use DCBPresents’ Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or DCBPresents.
3.4 You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of DCBPresents Trademarks or the Trademark rights claimed by DCBPresents.
3.5 You agree that you will not use any DCBPresents Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
3.6 You may not at any time, adopt or use, without DCBPresents’ prior written consent any word or mark which is similar to or likely to be confused with DCBPresents Trademarks.
3.7 The look and feel of the DCBPresents website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of DCBPresents and may not be copied, imitated or used, in whole or in part, without the prior written consent of DCBPresents.
3.8 All other trademarks, product names, and company names or logos used or appearing on the DCBPresents website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DCBPresents, unless expressly so stated.
3.9 You may not use a DCBPresents trademark, logo, Image or other proprietary graphic of DCBPresents to link to the DCBPresents website without the prior written consent of DCBPresents.
3.10 You may not frame or hotlink to the DCBPresents website or any Image without the prior written consent of DCBPresents.
4. INFORMATION YOU PROVIDE
5. YOUR CONTENT
5.2 By uploading Your Content, you grant DCBPresents a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from Your Content for the purpose of allowing you to edit and display Your Content using the Site and archiving or preserving Your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
5.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
5.4 You may not use any DCBPresents Content for any purpose without first obtaining a license to use such DCBPresents Content. Any use of DCBPresents Content by you shall be governed by the applicable license agreement separately entered into between you and DCBPresents. Displaying and/or distributing to the public any watermarked or unlicensed DCBPresents Content (whether incorporated into a derivative work or alone) constitutes copyright infringement.
6. INFRINGEMENT CLAIMS / DMCA NOTICES
6.1 If you believe that any Image or other material made available by DCBPresents infringes upon any copyright that you own or control, you may notify DCBPresents by email at email@example.com
7.1 You agree that you shall not:
8. RESTRICTION AND TERMINATION OF USE
8.1 DCBPresents may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or DCBPresents Content at any time in DCBPresents’ discretion, without prior notice or liability to you. Any conduct by you that, in DCBPresents’ sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice.
9. LINKS TO THIRD PARTY SITES
9.1 In the event that the Site is available through any third-party platform, or if DCBPresents provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that DCBPresents makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of DCBPresents, and DCBPresents provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by DCBPresents.
10. WARRANTIES AND DISCLAIMERS
12.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of New York. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration DCBPresents shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Shutterstock, such action is necessary or desirable.