Following are the terms and conditions that govern your use of this site and explanations on the use of our images. The section “License Agreement” covers the licensing of the images.

These terms and conditions of use constitute a legal agreement between you and www.tracaja.com or its owners. Please read this agreement ("agreement") in its entirety before you continue to use this website or download any image(s). By purchasing any items from this site you indicate agreement to the following terms and conditions and by using this website, you agree to be bound by the terms and conditions of this agreement. If you do not agree, do not purchase any items, and discontinue using this site.

Disclaimers

This website and its content are provided "as is" and www.tracaja.com will not be liable for any damages of any kind arising from the use of this site.

Except as specifically stated in these Terms and Conditions of Use, or as otherwise required by applicable law, neither www.tracaja.com nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

We use reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

Stock Images

All images displayed on this site are original and were generated by us. We do not buy any image(s) so you do not have to worry about the origins of the image(s) you purchase here.

You may freely use the image(s) displayed on this site as composites while designing a job. You must however purchase a license to use the image(s) for any type of publication including presentations and web pages, whether for personal or commercial use.

Use Of Stock Images

All our images are for sale and you may purchase a royalty-free license to publish the image(s). "Royalty-Free" means you may use the image(s) without paying additional license fees beyond the initial purchase.

Royalty free packages, collections, images or photos are not public domain. The creator retains copyright and all terms of usage must be followed when using these royalty free packages, collections, images, photos, music, etc.

Purchasing a license to use the image(s) does not transfer the copyright. You may not claim the image(s) as your own and you may not sell, license for use, or in any way, distribute the image(s) for re-use.

You may use the image(s) as long as it is clear the image(s) are not for distribution.

For example:

The image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users.

You may NOT include image(s) on an image CD or a clipart CD; you may not include image(s) in a clipart or image-collection web site.

No image(s) may be sublicensed, resold or otherwise made available for use or distribution.

You may not include the image(s) in any electronic template or application, including those that are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.

One copy of the image(s) may be made for backup purposes only but may only be used if the original image(s) becomes defective, destroyed or otherwise irretrievably lost.

Releases

You are solely responsible for and shall obtain necessary model and property releases concerning the subject matter of the Image(s) and the rights to any proprietary material depicted therein.

Most of the image(s) of people are model released but do not assume a model release has been obtained for an image(s). If your use requires a model or property release contact us with the image(s) filename and we will tell you if a release is available or how it may be obtained.

Restrictions Of Use

You may not use any Image(s) in any manner, or in connection with any material, that is unlawful, defamatory, obscene, pornographic or that infringes any trade or service marks, rights of privacy or publicity, or other rights of third parties.

You may not use any of these image(s) in a manner that would misrepresent a person appearing in the image(s) or cause them or their reputation to be harmed in any manner.

Except as permitted in writing from us, you may not prepare derivative works or composite image(s); or license, sublicense or transfer any rights to any Image(s) on this site.

Indemnification

You will indemnify, defend and hold harmless www.tracaja.com,  its owners and affiliates against all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from or relating to:

a)     Any breach by you of this Agreement;

b)     Any alteration or unauthorized use by you of any Image(s);

c)      Any claim of infringement of a third party’s right to privacy or publicity, where i) We have not expressly asserted in writing the existence of a release; or ii) your use exceeds the use permitted by any existing release.

Notification of changes

If we decide to change our policy we will post those changes to this document. This section in included in our Policy Document, which is available for download.

Licence Agreement

This sub-section defines terms govern the www.tracaja.com “Licence Agreement for Royalty-Free Image(s)”

TERMS AND CONDITIONS OF USE OF IMAGE(S)

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WWW.TRACAJA.COM OR ITS OWNERS.

If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to operate under this agreement.

GRANT OF LICENSE

Licensor(s) grants to you and your employer, if you are licensing on behalf of your employer, a non-exclusive, non-sub licensable right to use any image(s) purchased from the WWW.TRACAJA.COM website.

The image(s) may be used on a worldwide and perpetual basis as a part of:

(i)                 ADVERTISING and PROMOTIONAL MATERIALS (including packaging);

(ii)               ONLINE as part of a web page design;

(iii)             ANY PRODUCTS (including for sale products);

(iv)              PUBLICATIONS (electronic or print); and

(v)                Materials for PERSONAL, NONCOMMERCIAL use and TEST or SAMPLE use, including COMPS and LAYOUTS.

You may not utilize the image(s) in any manner that is not expressly permitted in this license agreement. All rights not specifically granted above are retained by Licensor(s).

Except as specifically provided in this agreement: 1) no downloaded image(s) may be copied or distributed; and 2) you may not create a network of servers, either with or without a central location, which enables others to share the image(s). Use of the image(s), or any part thereof, as a trademark or service mark is not permitted. Pornographic use, use that would be defamatory or libellous, use without model or property release or use that is otherwise unlawful is prohibited. If any of the image(s) featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, you must print a statement, which indicates that the person is a model, and is used for illustrative purposes only.

No image(s) may be sub-licensed, resold or otherwise made available for use or distribution separately or detached from a product or web page. For example, the image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users.

You may not include the image(s) in any electronic template or application, including those that are web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, electronic business cards or any other electronic or printed matter. For example, the image(s) may not be included in an image CD or a clipart CD.

One copy of the image(s) may be made for backup purposes only but may only be used if the original image(s) becomes defective, destroyed or otherwise irretrievably lost.

WARRANTY

Licensor(s) warrants the image(s) to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the image(s) or refund of the purchase price, at Licensor(s)' option.

Licensor(s) makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither licensor(s) nor its owners shall be liable to you or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license or otherwise.

GENERAL

All rights to the image(s) are owned by Licensor(s) and are protected by copyright laws and International treaty provisions as defined by “Berne Convention For The Protection Of Literary And Artistic Works”, and other applicable laws. The image(s) are licensed only to you or your employer, if you are licensing on behalf of your employer. The license contained in this agreement will terminate automatically without notice from Licensor(s) if you or your employer fails to comply with any provision of this agreement. Upon termination, you and your employer must immediately (i) stop using the image(s), (ii) delete the image(s) and all copies from all magnetic media and destroy all other copies, or upon request of Licensor(s), return all such copies to Licensor(s). Use of the image(s) must be in compliance with all applicable law, including, but not limited to, laws and regulations relating to currency and the law of moral rights. Licensor(s) reserves the right to discontinue the use of any image(s) for any reason and elect to replace the image(s) with an alternate image(s). Upon notice of any discontinuance of a license for a particular image(s), you, your employer and your client, if applicable, agree not to use such image(s) in the future. This agreement will be governed in all respects by the laws of South Africa.

View complete Tracaja Policy in PDF format