Your license to the 123RF.com 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 123RF.com 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. 123RF.com may terminate your access to the API at any time for any reason. Your rights to use the 123RF.com APIs will be automatically terminated if:
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 123RF.com 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 123RF.com APIs, all updates, revisions, substitutions, and any copies of the 123RF.com APIs made by or for you. Images, artwork and photographs on 123RF.com are owned by the 123RF.com Contributors (comprising photographers, videographers, sound artists and illustrators) and are not necessarily owned by 123RF.com. All rights not expressly granted to you are reserved by 123RF.com and the members of its Contributor community.
You shall not:
2. Commercial Use
Rules and Restrictions
2. Under this Agreement, you MAY NOT use the API for:
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 123RF.com'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. 123RF.com shall, at its reasonable effort, send an automated notice if the Value-added Reseller's account balance falls to a low level. 123RF.com 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 123RF.com 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 123RF.com Commercial API in your application.
Do provide as much information as you can if you are applying for the 123RF.com 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 123RF.com 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.
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 123RF.com 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 http://www.123rf.com/src_your123RFuserID
You will also receive an authentication link uniquely generated to you by 123RF.com under the name of 'assetsdelivery.com' to certify that you have obtained value-added reselling rights from 123RF.com legally.
You may not use the 123RF.com logo without specific written permission from 123RF Limited. If permission is granted, you must ensure that any use of the 123RF.com logo in your application shall be less prominent than the logo or mark that primarily describes the application.
Your use of the 123RF.com logo shall not imply any endorsement by 123RF.com. You shall make this clear in your site's term of use, privacy and other documentation.
4. Ownership and Relationship of Parties.
The 123RF.com APIs are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries.
123RF.com's rights apply to the 123RF.com APIs and all output and executables of the 123RF.com APIs.
This excludes any software components developed by you which do not themselves incorporate the 123RF.com APIs or utilize any output from the 123RF.com 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. 123RF.com owns all rights, title, and interest in and to the 123RF.com APIs both commercial and non-commercial.
These terms grant you no right, title, or interest in any intellectual property owned or licensed by 123RF.com and its Contributors, including (but not limited to) the 123RF.com APIs and 123RF.com trademarks.
123RF.com may elect to provide you with support or modifications for the 123RF.com APIs (collectively, "Support"), in its sole discretion, and may terminate such Support at any time without notice to you.
123RF.com provides the use of the 123RF.com APIs on an "AS IS" basis without any warranties or guarantees on the merchantability of the resulting product.
123RF.com may also impose limits on certain features and services or restrict your access to parts or all of the 123RF.com APIs or the 123RF.com Web site without notice or liability.
If you have elected to use 123RF.com's commercial API keys, and require technical support in developing a new site, 123RF.com reserves the right to charge for the integration.
123RF.com will not be involved with any non-commercial use of its API keys.
123RF.com'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.
123RF.com 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 123RF.com.
For uses of 123RF.com API over a certain limit for certain commercial applications, 123RF.com reserves the right to charge fees for future use or to provide continued access to the 123RF.com APIs.
7. Disclaimer of Any Warranty.
Some of the 123RF.com APIs may be experimental and not tested in any manner. 123RF.com does not represent or warrant that any 123RF.com APIs are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. The 123RF.com APIs are provided "as is" with no warranty, express or implied, of any kind and 123RF.com 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 123RF.com APIs is at your own discretion and risk, and you will be solely responsible for any damage that results from the use of any 123RF.com 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 123RF.com 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.
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify 123RF.com 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 123RF.com APIs, including any liability or expense arising from all claims, losses, damages, suits, judgments, litigation costs and legal fees.
10. General Terms.