1.

All Images on the “Photos of Arabia” website are protected by UAE and international copyright laws and treaties. “Photos of Arabia” and/or the various artists who provide content and/or Images to “Photos of Arabia” ("Submitters") own all rights, including the copyrights in and to the Images. “Photos of Arabia” and/or its Submitters reserve all rights in and to the Images not granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to “Photos of Arabia” for your use of the Images. If you fail to make any payment to “Photos of Arabia” when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof, you have the right to use the downloaded Image, subject however, to the terms of this agreement. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and “Photos of Arabia”'s costs of collection, bank charges and credit card processing fees are received by “Photos of Arabia” no later than fifteen (15) days from the date that your account became delinquent. 

2.

By this Agreement, “Photos of Arabia” grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:

(a)

On web sites;

(b)

Incorporated into design or project templates and/or software, provided that the Image or any digital files containing the Image cannot be unincorporated from the template or software or viewed as a slideshow or the equivalent; 
c) In multimedia presentations and incorporated into film and video for broadcast use, and theatrical display without regard to the size of the intended audience; 

(c)

Incorporated into design or project templates and/or software, provided that the Image or any digital files containing the Image cannot be unincorporated from the template or software or viewed as a slideshow or the equivalent; 
c) In multimedia presentations and incorporated into film and video for broadcast use, and theatrical display without regard to the size of the intended audience; 

(d)

In product packaging, CD or DVD cover art, magazines, newspapers, books, eBooks, multi seat license electronic textbooks, book covers, textbooks, editorials without regard to the size of the manufacturing or print run of such items;

(e)

Incorporated in online and paper greeting cards provided that such cards combine text and Images; 

(f)

Incorporated in merchandise for resale or distribution, including without limitation, clothing, artwork, magnets, posters that combine words and an Image or Images, calendars, mugs and mousepads;

(g)

As toolbar skins and mobile phone "wallpaper" for your own personal use;

(h)

On letterhead, business cards, advertising or promotional posters, pamphlets, brochures, catalogs, provided that the Image is not used as and does not function as a trademark, service mark or logo or as an element thereof;

(i)

As decoration in an office, restaurant, public area, home, or store owned or rented by you or by a client for whom you render design services; and

(j)

In coordination with opt-in email marketing only. Images cannot be used in connection with unsolicited email - or linked from unsolicited email. 

(k)

In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by “Photos of Arabia” or its Submitter, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

All other rights in the Images are expressly reserved by “Photos of Arabia” for itself and its Submitters.

3.

Credits and Copyright Attributions shall be accorded as follows:

(a)

Though “Photos of Arabia” requires the following credit attributions and copyright notices, “Photos of Arabia” can waive such requirements on a case by case basis. If you have any questions regarding credit attributions and copyright notices or to request that “Photos of Arabia” grant you a waiver of such requirements, please contact “Photos of Arabia” Customer Support. No waiver of such requirements shall be effective unless confirmed in an email or other writing from “Photos of Arabia” to you.

(b)

You shall accord credit and provide a copyright attribution to the copyright holder and “Photos of Arabia” in connection with the use of any Image in a book, magazine, e-zine or newspaper. Such credit and attribution shall be in substantially the following form.  
 
"Image Copyright Name of Artist, 2008 
Used under license from “Photos of Arabia”  

(c)

Notwithstanding the foregoing, in the event that the Image is used in connection with merchandise, or a film, television broadcast, documentary or other video or multimedia project or presentation, you shall use reasonable commercial efforts to accord the photographer and “Photos of Arabia” a credit as provided above. However, if no other photographers are accorded credit, only “Photos of Arabia” shall be accorded a credit in substantially the following form: 
 
"Image(s) used under license from “Photos of Arabia”. 

(d)

All credits shall appear on the copyright page or in the copyright section of the work into which the Image is incorporated. If there is no copyright page or section, the notice and credit may be located anyplace on the work. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

4.

Use an Image other than as specified in PART I.

5.

Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including postcards, mugs, t-shirts, posters, artwork and other items, this includes custom designed websites 

Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.

6.

Use an Image in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to: a) the use of Images in pornography; b) tobacco ads; c) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) political endorsements; e) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.

7.

Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in editorial or preliminary design work will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.  

8.

Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.  

9.

Use “Photos of Arabia” Images in a manner that competes with “Photos of Arabia”'s business. This includes, by way of illustration, not by way of limitation, displaying images in any format (including thumbnails) for download on a website or otherwise offering “Photos of Arabia” Images for sale, except as specifically provided herein.  

10.

Use any Image (in whole or in part) as a trademark, logo or an element thereof.

11.

Use an Image marked "Editorial Use Only" for commercial purposes. If an Image is marked, "Editorial Use Only", additional permissions may be required for commercial use. “Photos of Arabia” does not provide or sell such permissions.  

13.

Produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper or any other medium unless expressly permitted by this agreement.  

14.

Use automated programs, applets, bots etc., to download Images.

15.

"Non-transferable" as used herein means that except as specifically provided in these TAC, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image.

16.

If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the “Photos of Arabia” Image number as well as the date or dates on which the Images were used.

17.

You agree that you will not share your username and password combination. Your “Photos of Arabia” username and password are to be used only by you. Each person that desires to access the “Photos of Arabia” site must have his/her own username and password and must have a User Account. You may use your User Account on ONE COMPUTER in your office or home at any one time. If any two users on two separate computers are using the same username and password, we reserve the right to terminate that subscriber's account without refund or prior notice. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information.

18.

  You agree to indemnify and hold “Photos of Arabia”, Inc., its officers, employees, shareholders, directors and suppliers harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify “Photos of Arabia” for all costs and expenses that “Photos of Arabia” incurs in the event that you breach any of the terms of this or any other agreement with “Photos of Arabia”.

19.

Neither “Photos of Arabia” or any of its directors, officers, employees, partners, licensors, or agents shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of the use of, or the inability to use, any Image or Images.

20.

This contract is governed by and shall be construed in accordance with the laws of UAE. You hereby consent to the personal jurisdiction of the state courts. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before courts. You agree that service of process in any actions, controversies and disputes arising from or relating to this agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall effect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of either of the parties, but rather in accordance with the fair meaning thereof.

21.

If you are unsure of your rights under this Enhanced License agreement, or if you wish to use an Image in a manner not expressly permitted under this Enhanced License, please contact “Photos of Arabia” Support.