Membership / Terms of Use Agreement

We hate legal documents. And we're guessing you do, too. In fact, you might be tempted to not even read this, since the agreements on most sites have trained you to skip them by being too small, incomprehensible, or just plain boring to read. But stick with us, we'll make this quick and painless. In plain English, here are the terms that you agree to by signing up as a member and downloading images from The Idea Desk.

LICENSE TYPES

When you download images from The Idea Desk, you will choose from either Standard Licenses (those marked Small, Medium and Large) or an Enhanced License. Pretty simple, really. But you need to know what you can or can't do with images downloaded either way.

  1. STANDARD LICENSES (SMALL, MEDIUM OR LARGE). This type of download is fairly cheap. Cheap is good, right? You're allowed to do a lot of different things with images downloaded with a Standard License. We won't go over every conceivable use. just make sure you DON'T do the following:
    • Don't re-sell the images either on their own or incorporated into other works
    • Don't distribute the images to others for their own use
    • Don't include the images on things that will be reproduced in quantities of 250,000 or more (this is allowed under an Extended License)
    • Don't include the images on things that are likely to be seen by more than 250,000 people (again, you need an Extended License for this)
    • Don't put the images on things that will be offered for sale (once again, Extended License, yada yada yada)
  2. EXTENDED LICENSE (ONE SIZE - YOU GET THE BIGGEST SIZE AVAILABLE). You'll pay more for this download, but unlike the Standard License, you are allowed to feature the images on things that will be reproduced in quantities of 250,000 or more, or will likely be seen by more than 250,000 people. And you can include the images on things that will be sold. Of course, there are still some things you CAN'T DO.
    • Don't re-sell the images either on their own or incorporated into other works
    • Don't distribute the images to others for their own use

YOU MUST PROVIDE CREDIT to The Idea Desk or TheIdeaDesk.com if you use the image in editorial pieces, such as an article on a website or in a publication.

REFUND POLICY

Once funds are deposited in your account, we cannot issue cash refunds. All sales are final.

TERM OF AGREEMENT

This agreement shall be in effect until it is terminated. Duh. It can be terminated by you by destroying all copies and usages of the images you downloaded from us. The agreement will also be terminated if you don't follow the terms of the agreement. The Idea Desk can also terminate the agreement at any time and for any reason, but will provide replacement content that it deems appropriate and equitable to the original content. In such a case, you will be expected to remove originally downloaded content at your own expense, and if you choose to, replace it with the replacement content.

The images that you download are provided "As Is" without warranty, representation, or condition. The Idea Desk does not warrant that the content or downloads will meet all your requirements and specifications, or that its usage will be without interruption or deemed error free. Should you feel the content is defective, you are entitled to raise your concerns to The Idea Desk. Though The Idea Desk shall not be obligated to do so, it may, at its discretion, respond with advice, guidance, replacement content or refund.

In no event shall The Idea Desk, its officers or employees be liable for incidental, punitive, indirect or consequential damages in connection with any claim, damage, loss, action, suit or other action arising under or from this agreement. The Idea Desk shall not be liable for any costs, damages or losses arising from modifications made to our content by you or those operating on your behalf.

You agree to indemnify, defend and hold The Idea Desk, its employees and officers harmless from and against any and all claims, liabilities and costs as a result of or in connection with any actual or alleged breach by you or others acting on your behalf in relation to matters covered by the terms of this Agreement.

Still with us? Good, we're almost there.

SOME GENERAL PROVISIONS

By signing up as a member, making cash deposits and downloading images, you specifically agree and acknowledge that you have reviewed the terms of this Membership / Terms of Use Agreement. The Idea Desk's failure to enforce any part of this agreement shall not be interpreted as a waiver of any specific part of the agreement. Anyone acting on your behalf, working with images downloaded by or for you, shall also be bound by the terms of this agreement.

You will be responsible for any sales taxes, value added taxes, use taxes and/or duties imposed by jurisdictions as result of the licenses purchased and granted to you as dictated by this agreement.

This agreement shall be construed in accordance with and will be governed by the laws of the State of Michigan in the United States of America. You consent to the personal jurisdiction of the state and federal courts located within Michigan. All actions and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State of Michigan.

ACCEPTANCE OF AGREEMENT

You acknowledge that you have read and understand the agreement, and you have had the opportunity to seek legal advice prior to accepting it. You agree to be bound by this agreement, and that it is the only and exclusive agreement between you and The Idea Desk, superseding any other agreement or communication between you and The Idea Desk, its employees or officers.

© The Idea Desk, 2011. All rights reserved.