Agreement and Terms of Use for's Application Programming Interface—Valued-added Resellers (“Agreement”), Commercial API Use

This Agreement details the terms of use as well as conditions for which you, the “Value-added Reseller” will use the Application Programming Interface ( the " API" or the "API") and forms a binding agreement between you and 123RF Limited, located at Unit 1010, 10/F, Miramar Tower, 132 Nathan Road, Tsim Sha Tsui, Hong Kong ( "123RF"). By applying for and using the APIs, you expressly agree to the terms as stated in this Agreement. 123RF reserves the right to unilaterally update and change these terms from time to time without notice. If there are significant clauses which could materially and substantially affect existing operations, 123RF will make reasonable efforts to issue a notice of such updates or changes. Throughout the term of this Agreement, you agree to consistently and regularly refer to and, abide by the most recent version of these terms available here:

Your license to the APIs under these terms continues until it is terminated by either party pursuant to this Agreement. You may terminate the license by discontinuing use of all or any of the APIs or by written notice to us in the case of commercial API implementations provided that you will remain liable for any damage or loss arising from your breach or non-performance of this Agreement prior to termination. may terminate your access to the API at any time for any reason. Your rights to use the APIs will be automatically terminated if:

  1. you violate any of these terms,
  2. sends a written notice of termination to you, or
  3. disables access to the APIs by disabling your API keys.

Any inactive accounts (defined as no movement of credits for a period of one year) will result in this Agreement being automatically terminated.. Credits shall not be returned to you unless a notice to re-activate the account is sent to 123RF prior to the end of 12th month of inactivity.

1. Licensed Uses and Restrictions.

The APIs are wholly owned by 123RF Limited and are licensed to you on a worldwide (except as limited below), non-exclusive, non-sublicenseable basis on the terms and conditions set forth herein. These terms define the legal use of the APIs, all updates, revisions, substitutions, and any copies of the APIs made by or for you. Images, artwork and photographs on are owned by the Contributors (comprising photographers, videographers, sound artists and illustrators) and are not necessarily owned by All rights not expressly granted to you are reserved by and the members of its Contributor community.

You shall:

  1. At all times comply with the Terms of Use ( (the “Terms of Use”)
  2. Your developed application shall at all times, feature and show the watermark containing the Contributor’s name as set by prominently. You shall not make any attempts to remove this watermark.
  3. If your application(s) uses's Authentication APIs, you shall insert a standard header (that we will provide) into the applications that you build which accesses's API. It is important that you provide your users a clear and easy way to return to if they wish to do so.
  4. Disclose in your application through a privacy policy or otherwise displayed in the footer of each page, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.
  5. Comply to End User License Agreement (“EULA”) in relation to the usage of all images of If your clients whom you are selling the products to (using integrated API provided by 123RF) are the End Users, you need to inform 123RF in advance about such 'licensing on behalf' practice. In such case, you would need to make all effort to ensure the End Users comply with our EULA, regardless whether the End Users are receiving the raw image files supplied by 123RF. Such 'purchasing on behalf' practice however does not mean transferring all licensing responsibilities to your clients, as you will not be indemnified on all violations made by your End Users or by yourself indirectly or directly, and you agree that will be fully entitled to hold you and the End Users jointly and severally liable for any non-compliance or violations by the End Users (or the Value-Added Reseller) of the EULA.
  6. The EULA's can be found here:
  7. At all times, you warrant that the right license will be acquired and complied according to the usage of the images.

You shall not:

  1. Use APIs for any application that attempts to replicate or replace the user experience of
  2. Attempt to cloak or conceal your identity or your application's identity when requesting authorization to use APIs.
  3. Display more than 40 user photos per page in your application or use an unreasonable amount of bandwidth.
  4. Cache or store any user photos.
  5. Use APIs for any application that constitutes, promotes or is used in as a part of any trojans, spyware, adware, keylogging and other malicious programs or code.
  6. Use APIs in any manner or for any purpose that violates any law or regulation, any right of any person or entity, including but not limited to intellectual property rights, rights of privacy, and/or rights of personality.
  7. Use APIs in a manner that adversely impacts the stability of servers or adversely impacts the behavior of other applications using the APIs.
  8. Sell, lease, or sublicense APIs or access thereto or derive revenues from the use or provision of APIs, whether for direct commercial or monetary gain or otherwise, except as set forth below.

2. Commercial Use

Rules and Restrictions

  1. If the primary purpose of your application is to derive revenue directly or indirectly, it is considered a commercial application. reserves the right to make these evaluations at the time that you apply for the license. may also monitor your site or application over time to ensure continued compliance with the appropriate type of API key.

    With a Commercial API key you may:
    • Provide a paid for service to your customers and make 123RF's Royalty Free images a part of your service offering or part of the product itself. Examples include without limitation the following:
    • Printing – wall papers, businesses, name cards, postcards, posters, off set printing etc.
    • Templates - as part of your web design elements, whereby the existing images that are bundled with the templates are not sufficient
    • Web hosting - to be made as product that can be incorporated into blogs, forums and web site design through integration of the web hosting control panel itself
    • Image research facility - you provide image research service for your customers which pulls data from different locations
    • Element of monetary gain - anything that you receive compensation for in return for the access that the 123RF APIs are providing can be considered to be a commercial application.
    • Users are charged a fee for your product or service which includes some sort of integration using the APIs.
    • You sell or provide services to Contributors and use the APIs to fulfill your service to these Contributors.
    • Your site is a "destination" site that uses photos to drive traffic and generate ad revenue.

 2. Under this Agreement, you MAY NOT use the API for:

  • the purpose of re-selling stock images directly. The images must be bundled up with the services you intend to offer described above. The images cannot be sold as a standalone product. This Agreement does not grant you the license to become a stock photo reseller, but a value-added reseller.
  • redistribution to a third party reseller. This Agreement does not grant you the re-distribution license to provide images to another value-added reseller nor a stock photo reseller.

Specific Terms of Commercial API use

Value-added Resellers are not permitted to display images as standalone products. The restrictions include but are not limited to displaying image prices on the website and allowing purchases without bundling with the Value-Added Resellers’ respective core products or services.

All image watermarks and comps provided through's API are for visual presentation purpose only. By displaying or downloading these comps, users are not entitled to any licenses.  All digital assets downloaded will be deemed as licenses and will be immediately charged to the Value-added Reseller by depleting the prepayment of credits from Value-added Reseller's account.

No free re-downloads are permitted, as each re-download is deemed as an additional license.

Downloads will be disabled once Value-added Reseller's account reaches 0 credit. shall, at its reasonable effort, send an automated notice if the Value-added Reseller's account balance falls to a low level. however does not attach the responsibilities of reminding Value-added Reseller's low balance status.

You are not permitted to cache all digital assets for re-licensing to your end users. All re-licensing needs to be done through API calls individually in order for the licenses to be valid.

Refunds are permitted if resulted by image corruption or any other technical issues. Other valid reasons of refunds outside technical reasons, e.g. wrong order, change of design ideas, need to be accompanied with a completed Refund Form before refunds can be considered by and if determined to be valid, processed.

Application for a Commercial API Key

If your application falls under a commercial application, you are required to apply for a “Commercial API Key”. You are required to use the following form to begin your application:

You are required to supply as much information as you can regarding the implementation of the Commercial API in your application.

Do provide as much information as you can if you are applying for the Commercial API Key. Lack of specificity or supporting information could result in your application being declined. When in doubt, always include more details about your application in order for to form a complete and accurate assessment.

Please note that we may exercise our discretion to grant your request for a Commercial API Key subject to your pre-payment of fees, such as to help cover infrastructure costs.

You may not use 123RF API for any scope outside the scope stated under this Agreement.

3. Attribution

You shall not use the "123RF" trademark in naming your site or your application or do anything that suggests to the users that 123RF is directly involved in the development, marketing and direction of your site. However, you shall clearly indicate the source of as the legal source of the images, preferably on each image detail page.

You will also make every effort to place the following notice, "Powered by 123RF", in the footer section of all your pages that utilize the API. For Non-commercial API key users, this notice shall be linked to

You will also receive an authentication link uniquely generated to you by under the name of '' to certify that you have obtained value-added reselling rights from legally.

You may not use the logo without specific written permission from 123RF Limited. If permission is granted, you must ensure that any use of the logo in your application shall be less prominent than the logo or mark that primarily describes the application.

Your use of the logo shall not imply any endorsement by You shall make this clear in your site's term of use, privacy and other documentation.

4. Ownership and Relationship of Parties.

The APIs are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries.'s rights apply to the APIs and all output and executables of the APIs.

This excludes any software components developed by you which do not themselves incorporate the APIs or utilize any output from the APIs.

By using the API, you agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these terms. owns all rights, title, and interest in and to the APIs both commercial and non-commercial.

These terms grant you no right, title, or interest in any intellectual property owned or licensed by and its Contributors, including (but not limited to) the APIs and trademarks.

5. Support. may elect to provide you with support or modifications for the APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you. provides the use of the APIs on an "AS IS" basis without any warranties or guarantees on the merchantability of the resulting product. may also impose limits on certain features and services or restrict your access to parts or all of the APIs or the Web site without notice or liability.

If you have elected to use's commercial API keys, and require technical support in developing a new site, reserves the right to charge for the integration. will not be involved with any non-commercial use of its API keys.'s scope of technical advice includes providing technical support on troubleshooting. 123RF does not provide systems engineering advice to the Value Added Reseller's own systems structure.

Prior to your website going live with 123RF's API, you will need to have an audit from 123RF, which in return 123RF provides you an authentication page upon such successful audit. 123RF however has the right to terminate this Agreement even after the audit if you have done any material changes to the mechanisms of the API which have altered the terms of the Agreement.

6. Fees and Payments. is committed to free and open access to our APIs for commercial and non-commercial purposes. However, in doing so, the APIs does bear bandwidth and hardware costs on

For uses of API over a certain limit for certain commercial applications, reserves the right to charge fees for future use or to provide continued access to the APIs.

7. Disclaimer of Any Warranty.

Some of the APIs may be experimental and not tested in any manner. does not represent or warrant that any APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The APIs are provided "as is" with no warranty, express or implied, of any kind and expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of merchantability and fitness for a particular purpose. Your use of APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any APIs including, but not limited to, any damage to your computer system or loss of data.

8. Limitation of Liability.

123RF, its employees, directors, and officers, or anyone else associated with 123RF shall not, under any circumstances, be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the APIs, whether based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other monetary loss, whether or not 123RF has been advised of the possibility of such damages. Under no circumstances shall 123RF be liable to you for any amount.

9. Indemnity.

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of APIs, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and legal fees.

10. General Terms.

Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Agreement and the Terms of Use, you and shall act independently and not as a partner, joint venture or agent. You shall not have any authority to assume or create any obligation for or on behalf of, express or implied, and you shall not attempt to bind to any contract.

Location of Lawsuit and Choice of Law. This Agreement and the Terms of Use and the relationship between you and shall be governed by according to international treaty provisions and other applicable laws.

No Waiver of Rights by's failure to exercise or enforce any right or provision of this Agreement or the Terms of Use shall not constitute a waiver of such right or provision.

11. Miscellaneous.

The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement or the Terms of Use. Any construction or interpretation to be made of this Agreement or the Terms of Use shall not be construed against the drafter. This Agreement and the Terms of Use was originally composed in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of conflict between the English version and another language version, the English version takes precedence.