Terms Conditions General
PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING AT C-REGISTRY.US. PARTICIPATION IN THE COPYRIGHT REGISTRY INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS AS GOVERNED BY CONTRACT LAW WITHIN THE U.S.A.. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR OR PARTICIPATE IN THE COPYRIGHT REGISTRY. THE COPYRIGHT REGISTRY IS A PRIVATE VENTURE AND IS NOT PART OF OR ASSOCIATED WITH ANY U.S. GOVERNMENT AGENCY, INCLUDING THE U.S. COPYRIGHT OFFICE.
WEBSITE TERMS AND CONDITIONS OF USE
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU, YOUR EMPLOYER, YOUR CLIENT AND ANY ENTITY YOU REPRESENT (hereafter referred to as "YOU") AND
StockPhotoFinder.com, Inc., which is doing business as C-Registry and The Copyright Registry, and related websites and services, and its affiliates, sublicensees and assigns as determined by StockPhotoFinder.com, Inc. at its sole discretion, (hereafter The "COPYRIGHT REGISTRY"). BY CHECKING THE "I AGREE" BOX, AGREEING TO TERMS ELECTRONICALLY, OR BY ACCESSING C-REGISTRY.US OR RELATED WEBSITES (the "Website"), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (the "Agreement").
DEFINITIONS
For the purposes of this Agreement, definitions of terms will be as follows:
- ACCESS – "Access" or "Accessing" will mean the process of locating, reading, caching, displaying or interacting with stored electronic information or data, such as text, images, music, videos and HTML documents, via a software application, including but not limited to a web browser (herein referred to as "ACCESS" or "ACCESSING").
- CONTENT – "Content" will mean copyrighted and not copyrighted intellectual property, including images, video, music, audio, movies, illustrations, graphics, icons, logos, and other 2D and multi-dimensional time-based, sound-based and image-based media, in whole or in part (herein referred to as "CONTENT").
- INFORMATION – "Information" will mean individual and aggregated data, in various combinations of text, audible and visual presentation, including but not limited to URLs and dates of use of CONTENT, claimed ownership and authorship of CONTENT, identity and contact information of users of The COPYRIGHT REGISTRY and claimed rightsholders of CONTENT, and other information relating to CONTENT, whether provided by YOU, third parties, automated processes or other means (herein referred to as "INFORMATION").
- VERIPIXEL – "Veripixel" will mean a patent-pending process of The COPYRIGHT REGISTRY that derives a unique identification from each digital file of visual CONTENT and inserts multiple color pixels in the upper left corner of said visual CONTENT, such that this pixel-based identification announces that said CONTENT is copyrighted and associates it with INFORMATION in The COPYRIGHT REGISTRY that is related to that particular CONTENT (herein referred to as "VERIPIXEL").
ACCESS
As a condition of ACCESS to CONTENT and INFORMATION as defined herein, YOU agree to be bound by international and United States copyright laws, including but not limited to the International Berne Copyright Convention, the 1976 U.S. Copyright Act, and The Digital Millennium Copyright Act Of 1998 ("Copyright Law"). Furthermore, your participation in The COPYRIGHT REGISTRY is subject to your continued compliance with the policies, terms and conditions of The COPYRIGHT REGISTRY, which may be modified without advance notice. YOU are granted access to the Website and INFORMATION by The COPYRIGHT REGISTRY, which, at any time in its sole discretion, may deny further access by YOU and alter or delete INFORMATION furnished by or relating to YOU for any reason, including but not limited to any arbitrated decision that determines that any effort by YOU to use The COPYRIGHT REGISTRY for any deception or deceptive purpose.
COPYRIGHT DISCLAIMER
At all times and without exception, copyright ownership remains that of the CONTENT owner. The COPYRIGHT REGISTRY enables rightsholders to publicly state their claim of copyright ownership of CONTENT. The COPYRIGHT REGISTRY does not in any way warrant, guaranty, insure, qualify, endorse, approve or otherwise confirm any claim of copyright ownership of CONTENT.
GRANT OF USE OF INFORMATION AND CONTENT
Subject to the terms and conditions herein, and as limited by The COPYRIGHT REGISTRY at its sole discretion, and making special notice of the limited definitions of "ACCESS", "CONTENT" and "INFORMATION" for the purposes of this Agreement:
The COPYRIGHT REGISTRY grants YOU:
For the purpose of facilitating the finding and identifying of authors, creators, rightsholders and agents of CONTENT, of Website users, of users who are interested in licensing CONTENT, and of the status of CONTENT and INFORMATION at a moment in time,
- ACCESS to CONTENT as limited by third party rightsholders of said CONTENT at their sole discretion, provided that YOU do not use or publish CONTENT without authorization from the rightsholder of said CONTENT, and
- ACCESS to INFORMATION, and
- ACCESS to alter INFORMATION, provided YOU are the authorized author, creator, owner, agent or rightsholder of the CONTENT for which YOU are altering INFORMATION.
YOU grant The COPYRIGHT REGISTRY:
For the purpose of globally and universally distributing INFORMATION in the broadest, most unlimited means possible,
- A nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display INFORMATION throughout the world in any and all media without limitation, and
For the purpose of providing global and universal ACCESS to view your CONTENT in digital form,
- A nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to access, view, host, cache, route, transmit, store, perform and/or display CONTENT, and
For the purpose of including your CONTENT in reports and documents issued by The COPYRIGHT REGISTRY that relate to Digital Millennium Copyright Act Take Down orders, copyright ownership and authorship of CONTENT, conflicts of ownership and authorship as stated in the Website, and other printed and digital forms relating to INFORMATION,
- A nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to cache, use, reproduce, copy, resize, crop and/or publish CONTENT, and
For the purpose of enabling YOU and users to embed VERIPIXEL in CONTENT to announce that CONTENT is copyrighted and to enable use of The COPYRIGHT REGISTRY to identify the claimed righterholder(s) for said CONTENT,
- A nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to copy, modify, adapt and distribute CONTENT for the sole purpose of embedding VERIPIXEL in said CONTENT, and
For all purposes,
- Other rights as determined in this Agreement
OWNERSHIP OF THIS WEBSITE AND ITS ELEMENTS
This Website is owned and operated by The COPYRIGHT REGISTRY. All content located at the domain on this Website, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of The COPYRIGHT REGISTRY and is protected by Copyright Law. The compilation of all data on this Website or by The COPYRIGHT REGISTRY is the exclusive property of The COPYRIGHT REGISTRY and protected by Copyright Law. All software used on this Website is the property of The COPYRIGHT REGISTRY or its software suppliers and is protected by Copyright Law. Without limiting the foregoing, all elements of this Website, including the content and the general design, are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property. Except for paid Reports, this Website or any portion thereof or any derivative use of this Website or its contents may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of The COPYRIGHT REGISTRY.
WEBSITE RESTRICTIONS
NO META SEARCHING OR FRAMING: You may not take the results from a search of or via The COPYRIGHT REGISTRY and reformat and display them, mirror or "frame" The COPYRIGHT REGISTRY home page or results pages on your Website. You may not link to any page of the Website other than the home page located at www.c-registry.us. You may not send automated queries of any sort to The COPYRIGHT REGISTRY'S system without express permission in advance from The COPYRIGHT REGISTRY.
WEB BROWSER USE
YOU agree that accessing, using or providing data to, from or about the Website, CONTENT or INFORMATION will engage the use by The COPYRIGHT REGISTRY of software that is under your control, such as your web browser and javascript.
CONTENT USE
YOU may be authorized to use CONTENT to the extent permitted by the copyright holder provided that terms of the copyright holder have been met by YOU. In the event that the copyright owner or creator of CONTENT are unknown or are known but can't be found (an "A Work Of Unknown Origin"), YOU agree that:
No rights are granted to YOU unless granted by the rightsholder of CONTENT, and
YOU will pay a reasonable licensing fee for your use or publication of A Work Of Unknown Origin, negotiated in good faith, should the rightsholder of that CONTENT become known to you during or after use or publication, and
Your use of CONTENT will NOT in any way:
- Be defamatory, pornographic or obscene,
- Violate a depicted person's right of privacy or publicity, or infringe on any trade name, trademark or service mark.
- Violate any local, state, federal or international law.
- Be shipped, transferred or exported into any country that is in any manner prohibited by any export laws, restrictions or regulations.
INFORMATION USE
The COPYRIGHT REGISTRY grants YOU a personal, nontransferable, nonexclusive license to copy INFORMATION onto your computer hard drive and to use this INFORMATION, including summary reports of INFORMATION created by The COPYRIGHT REGISTRY, and any derivative works or copies on up to six (6) computers at a time for use by up to 100 users. All other rights to INFORMATION are reserved to The COPYRIGHT REGISTRY. YOU must contact The COPYRIGHT REGISTRY to obtain a written license for additional use.
YOU will not directly, and will not indirectly, authorize any party to:
- Enter or provide false, fraudulent, invalid, inappropriate or misleading INFORMATION, or
- Use any automated method or process of scraping or data extraction to access, query or otherwise collect INFORMATION or CONTENT from or via The COPYRIGHT REGISTRY unless expressly permitted by The COPYRIGHT REGISTRY, or
- Use INFORMATION for any illegal or fraudulent business practice.
CREDIT OF A WORK OF UNKNOWN ORIGIN
If the CONTENT is A Work Of Unknown Origin used editorially, use or publication should bear a credit line that indicates the creator name if reasonably known or source of the CONTENT if reasonably known. Said publication of a credit line in no way diminishes or alters the obligations of a user to, or the rights of, the rightsholder of CONTENT.
BETA FEATURES
To the extent permitted by law, the Website or those aspects of the Website that are identified as "Beta" are provided "as is" at Customer's option and risk.
TERMINATION & CANCELLATION
The COPYRIGHT REGISTRY reserves the right to automatically terminate this Agreement without notice if you, or your employer, fail to comply with any provision of this Agreement. Upon termination, you and your employer must immediately stop using the CONTENT, INFORMATION and this website and delete the CONTENT and INFORMATION and all copies from all magnetic media and destroy all other copies. The COPYRIGHT REGISTRY reserves the right to discontinue the use of any CONTENT or INFORMATION for any reason and elect to replace same with alternate CONTENT and INFORMATION. Upon notice of any discontinuance of the use of a particular CONTENT or INFORMATION, you, your employer and your client, if applicable, agree not to use the same in the future.
ELECTRONIC COMMUNICATIONS
When YOU visit The COPYRIGHT REGISTRY's Website or send e-mails to The COPYRIGHT REGISTRY, YOU are communicating with The COPYRIGHT REGISTRY electronically. In doing so, YOU consent to receive communications from The COPYRIGHT REGISTRY and users of The COPYRIGHT REGISTRY electronically. The COPYRIGHT REGISTRY will communicate with YOU by e-mail or by posting notices on its Website(s). YOU agree that all agreements, notices, disclosures, announcements, DMCA Take Down orders and other communications that The COPYRIGHT REGISTRY provides to YOU electronically satisfy any legal requirement that such communications be in writing and considered delivered to and received by YOU.
PUBLICITY
YOU agree that The COPYRIGHT REGISTRY may use your name and logo and data relating to your CONTENT in presentations, marketing materials, customer lists, financial reports, listings of customers at the Website, search results pages, and marketing banners and pages at third party websites.
If YOU wish to use The COPYRIGHT REGISTRY's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, including displaying the site shield of The COPYRIGHT REGISTRY at your website, YOU may do so, provided that such use is in compliance with this Agreement and other usage guidelines posted at the Website and that such use is a positive reflection or inures to the benefit of The COPYRIGHT REGISTRY.
TRADEMARKS
"C-Registry", "The Copyright Registry", "Veripixel" and "lost and found", in addition to the logo and other marks indicated on our Website, are trademarks of The COPYRIGHT REGISTRY in the United States and/or other countries. Other COPYRIGHT REGISTRY graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The COPYRIGHT REGISTRY. COPYRIGHT REGISTRY trademarks and trade dress may not be used in connection with any product or service that is not owned by The COPYRIGHT REGISTRY in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The COPYRIGHT REGISTRY. All other trademarks not owned by The COPYRIGHT REGISTRY that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The COPYRIGHT REGISTRY.
LINKS TO THIRD PARTY WEBSITES
The linked websites are not under The COPYRIGHT REGISTRY's control and it is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. The COPYRIGHT REGISTRY is not responsible for webcasting or any other form of transmission received from any linked website. You acknowledge that The COPYRIGHT REGISTRY provides the links to you only as a convenience and it not endorse the linked websites or their use or contents.
INDEMNITY
YOU agree to indemnify and hold The COPYRIGHT REGISTRY, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of CONTENT or INFORMATION or any breach of this Agreement.
WARRANTIES
The COPYRIGHT REGISTRY represents and warrants:
- Reports issued by The COPYRIGHT REGISTRY that are later verified by YOU via The COPYRIGHT REGISTRY verification process are, if confirmed as the original, an exact duplicate of the Report as issued by The COPYRIGHT REGISTRY without alteration, to the best of its knowledge.
- In support of the foregoing, a qualified representative of The COPYRIGHT REGISTRY will so testify in a U.S. court of law as an expert witness upon mutually agreeable terms if requested to do so by the entity that paid for and to which the original Report was issued.
YOU represent and warrant:
- All INFORMATION provided to or made accessible by The COPYRIGHT REGISTRY is true, accurate and complete to the best knowledge of YOU.
- Any Use by YOU of The COPYRIGHT REGISTRY does not and will not violate or encourage violation of any applicable laws, regulations, code of conduct, or third party rights (including without limitation intellectual property rights).
- YOU are at least 18 years of age and are authorized to enter into this Agreement.
GENERAL DISCLAIMERS
THE COPYRIGHT REGISTRY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY CONTENT, AND YOU MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. THE COPYRIGHT REGISTRY INCLUDES THE CAPTION FOR EACH CONTENT TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY CONTENT UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY THE COPYRIGHT REGISTRY.
CONTENT AND INFORMATION ARE PROVIDED "AS IS." THE COPYRIGHT REGISTRY MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF CONTENT OR INFORMATION, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM OR OTHER PURPOSE. THE COPYRIGHT REGISTRY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE WEBSITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. DESPITE STATISTICAL AVERAGES, ERRONEOUS ASSIGNMENT OF UNIQUE ID'S AND OTHER DATA IS POSSIBLE.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE COPYRIGHT REGISTRY, OR THE COPYRIGHT OWNER OF THE CONTENT, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS WEBSITE OR FROM YOUR ACCESS TO OR USE OF THE CONTENT ON THIS WEBSITE OR AT ITS SOURCE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE CONTENT UNDER THIS AGREEMENT AND OF THE COPYRIGHT REGISTRY SHALL BE THE TOTAL OF FEES PAID TO THE COPYRIGHT REGISTRY, IF ANY, FOR ANY REASON.
UNAUTHORIZED USE/RETROACTIVE LICENSE FEE
Any use of CONTENT or INFORMATION in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling The COPYRIGHT REGISTRY to exercise all rights and remedies available to it under copyright laws around the world. YOU shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to The COPYRIGHT REGISTRY's other remedies under this Agreement, The COPYRIGHT REGISTRY reserves the right to charge and YOU agree to pay any fee determined by a court of law or arbitration process relating to this Agreement.
MISCELLANEOUS
Jurisdiction and Attorney's Fees Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this Agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York, New York pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of New York. If YOU are an agent for or an employee of a non-U.S. Company but operates in a place of business in the United States or its territories, expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. YOU agree to be subject to the jurisdiction of the Federal Court of the appropriate district court of New York. If The COPYRIGHT REGISTRY is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by YOU.
No Assignment: This agreement is not assignable or transferable on the part of YOU
No Waiver:
No action of The COPYRIGHT REGISTRY, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of The COPYRIGHT REGISTRY in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
Entire Agreement: This Agreement and the Invoice contains all the terms of the agreement between The COPYRIGHT REGISTRY and YOU and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by YOU, the terms of this Agreement shall govern.