Site Usage Agreement

By using this site and/or downloading any material, you agree to be bound by this Agreement. This agreement applies to you and, if you are using this web site on your client’s behalf, to you and all your clients. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed including but not limited to changes based on imagery database or market trends. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading or using any images listed under the EroticaStock.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here please discontinue your use of the site and erase all data you have downloaded.

Use of this site

This site is owned and operated by Erotica Stock (CHS Regime). All images and related informational materials in any medium provided by EroticaStock.com hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Erotica Stock (CHS Regime).. All images are protected by US and international copyright laws.

This site contains both images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). Erotica Stock (CHS Regime) allows you to search for, view, and use Watermarked Images only as permitted below. All rights not specifically granted under this Agreement are reserved to Erotica Stock (CHS Regime). Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve images or related information.

Erotica Stock (CHS Regime) may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable law. Erotica Stock (CHS Regime) restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Erotica Stock (CHS Regime).

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Erotica Stock (CHS Regime). If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not submit any personal information to us. By using this site unsupervised, you warrant that you are 18 years of age or older.

Acknowledgements, Representations, and Warranties

By using the Website or any other of Our services, You thereby affirmatively acknowledge, represent, and warrant the truth and accuracy of each of the following statements:

• Erotica Stock (CHS Regime) provides access to an online service comprising of materials created and posted by Erotica Stock (CHS Regime) only.
• Images on the Website that are available for license are stored on Erotica Stock (CHS Regime)’s servers at the direction of Erotica Stock (CHS Regime).

Use of Watermarked Images – Using images for comping

Images include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images (Non-Watermarked or Watermarked Images) or higher resolution non-watermarked Images (Non-Watermarked Images).

Conditional upon your compliance with this Agreement, Erotica Stock (CHS Regime) grants you a limited license to download Watermarked Images solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Erotica Stock (CHS Regime) grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.

Royalty-Free License – Concept Info

What Royalty-Free means is that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. Note that the maximum number of copies for printed materials is 250,000 copies.

The Royalty-Free license is granted ONLY for the non-watermarked image you buy using the Download button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.

Royalty- Free License of use of Non-Watermarked Images and Restrictions

The high-resolution images that you download under the regular Royalty Free (RF) license may be used for cover art purposes and related promotional products, as long as the item in which the image appears does not contradict any of the restrictions below. The list is not exhaustive and if you have any uncertainty regarding the use of the images in a correct way please email support@eroticastock.com.

It is also forbidden to make any image on EroticaStock.com available on a website for download or use for printed materials not in conjunction with book/album/music video promotion under any circumstances.

If you use the images for printed materials, the number of copies must not exceed 250,000. You may modify the images in any way required for reproduction, or include them in your own personal creations.

Buying the high-resolution image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image for reuse. We recommend that you credit Erotica Stock (CHS Regime) when you use an image.

For any other details regarding usage or licenses, you are strongly advised to contact support@eroticastock.com.

Unauthorized Use

Without limitation, Images may not be used as a trademark or service mark, for any unlawful purpose, to defame a person, to violate a person’s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle Erotica Stock (CHS Regime) to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Erotica Stock (CHS Regime)’s rights or remedies in connection with any unauthorized use.

Refund Policy

You may ask for a refund of your purchase within 30 days from the purchase date. Note that this is possible only if you are able to immediately remove all images used in different designs and that you must provide a well founded reason for your request and your purchase details.

If you have downloaded an image that has technical flaws please contact support@eroticastock.com for a refund. If you are not able to download an image, please contact support@eroticastock.com. Downloads are not refunded if more than 7 days from the download date have passed.

Indemnification

You agree to indemnify, defend, and hold harmless Erotica Stock (CHS Regime) against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

Disclaimers

Erotica Stock (CHS Regime) PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, Erotica Stock (CHS Regime) SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL HOT DAMN DESIGNS’ LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

No Waiver / Severability

No action of Erotica Stock (CHS Regime), other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Exclusive images

An exclusive image is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the image (variations in camera angle, model posture or gesture, for example) do not enable an image as being different. Exclusive images may be bought through Erotica Stock (CHS Regime) and may not be offered through other channels. After receiving funds for an exclusive image, Erotica Stock (CHS Regime) will remove the image purchased within 72 hours. Other images similar to the image purchased will not be removed from the site unless purchased separately for exclusive rights. To learn more about exclusive rights to any image on EroticaStock.com, contact support@eroticastock.com. If purchasing an exclusive image, the buyer will still honor all terms and conditions as stated in this waiver.

If a contributor breaks this Exclusivity Agreement, Erotica Stock (CHS Regime) reserves the right to invalidate and recover all earnings made by that Contributor through Erotica Stock (CHS Regime) sales commencing with the date the exclusive image or images or portfolio were made subject to the Exclusivity Agreement.

Erotica Stock (CHS Regime) reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.

Custom Orders

A 50% non-refundable deposit is required to contract a custom photographic image or video clip from Erotica Stock (CHS Regime). A minimum custom shoot fee of $100 will be charged, with additional charges based on model selection, client requests, and required location/materials fees. Custom order does not assume exclusivity. Erotica Stock (CHS Regime) reserves the right to use custom order work products unless an exclusivity agreement has been made. Additional fees will apply for exclusive requests, which will be provided with the custom fee quote if requested. The listing of a model as available for custom shooting does not guarantee model availability for your shoot; clients must furnish Erotica Stock (CHS Regime) with alternate model selections to ensure prompt completion of custom orders. Please note, Erotica Stock (CHS Regime) will not accept custom requests of an illegal nature or those which would risk harm to models or surpass the boundaries of good taste. Erotica Stock (CHS Regime) reserves the right to refuse any custom request. A small selection sample will be provided for client convenience, with only the final selection provided without watermark. Samples may not be used for any other purpose than client selection and design comps. Erotica Stock (CHS Regime) Custom shoot (photo or video) work products are the property of Erotica Stock (CHS Regime) until all payments for contracted material have been made in full.