fitness-clipart.com / A website for personnal trainers enhancing the quality of your fitness programs

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 changed base on our community, 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 www.fitness-clipart.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. Where www.fitness-clipart.com has provided you with a translation of the English language version of the page or site's functionalities, but you agree that the translation is provided for your convenience only and that the english language versions of the Terms will govern your relationship with fitness-clipart.com. If there is any contradiction between the English language version and its translation in a different language, then the English language version shall take precedence.

Use of this site

This site is owned and operated by Michael Van Cutsem. All images and related informational materials in any medium provided by Michael Van Cutsem hereunder, including related text, captions, or information (collectively referred to as Images) are owned by Michael Van Cutsem. All Images are protected by belgian 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). www.fitness-clipart.com allows you to search for, view, and use watermarked Images only as permitted below. If you have registered for a www.fitness-clipart.com account and www.fitness-clipart.com has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. www.fitness-clipart.com reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from www.fitness-clipart.com. All rights not specifically granted under this Agreement are reserved to www.fitness-clipart.com. 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.

  www.fitness-clipart.com 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. www.fitness-clipart.com may restrict or remove your access to this site at any time, or 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 www.fitness-clipart.com.

  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 images that may be really difficult to execute without any specific technical advise. You should be aware that your search may display results containing content that may seem inappropriate to your actual fitness level, or could be potentially dangerous for your body. 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 www.fitness-clipart.com.

  www.fitness-clipart.com makes reasonable efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the US and international market. on the other hand, if you have found a file on a different website that represents such an infringement please notify us, in order that we may take the appropriate measures.

Children

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

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, www.fitness-clipart.com 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, www.fitness-clipart.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image. 

Registering For A www.fitness-clipart.com Account

To obtain access to our images as well as upload any images, you have to apply for a www.fitness-clipart.com account and you agree to provide complete, true and accurate information. www.fitness-clipart.com reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by www.fitness-clipart.com.

  You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Dreamstime of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify www.fitness-clipart.com of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any www.fitness-clipart.com account or web site or related services.

  You can download images using various licenses available on our site. These licenses are awarded to the account owner (person or organization). This is a one-person license and can be used only by the account owner or his employee, for the company's own projects or clients and cannot be transmitted to another party. If the image is to be used by more employees, then an Unlimited Extended License (U-EL) is required.

  None of our images may be resold or redistributed by any means, or made available for redistribution or resale by a third party without www.fitness-clipart.com's separate written consent.   

Royalty-Free License (identify as Bronze License on our website) - 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 500,000 copies.

  The Royalty-Free license is granted ONLY for the high-resolution, non-watermarked image (the one that is bought using the download button); all the other versions (small watermarked and non-watermarked thumbnails (in the free section/ free program section) which are visible on the public site) are entirely copyrighted.

  The free files downloaded from the Free Photos section may be used in commercial projects under our limited Royalty Free (RF-LL) license and according to our terms and conditions. This is a one-person license and is given to you as a designer, your employer (client) or any employed persons.  

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.

Limited Royalty Free Licenses (RF-LL) for using images downloaded within the Free section of the website

www.fitness-clipart.com offers a free section, fully searchable and constantly updated. Its use may be available to all registered users or to a specific niche of members, depending on the agency's strategy. The high resolution images downloaded from the free section may be used under the terms mentioned for the regular Royalty Free license, with a single additional restriction: the maximum amount of copies is limited to 10,000 copies. If you exceed this amount and you already purchased credits you may request to download the image under the regular RF license.

Extended Licenses for Using Our Imagery

The following licenses offer extended types of usage for our regular Royalty Free or Editorial licenses. Note that not all images are available for this type of license. You may use the image according to the following licenses only if the image was available under the appropriate license AND you downloaded it using the appropriate download button.

Two seats (2-EL) (identify as Silver License on our website):

This license extends our regular Royalty Free (Bronze License) to a limited number of 3 seats within the same organization (RF+2-EL= 3 seats). It is an additional license to the usage included within the regular Royalty-Free (Bronze License) that awards rights for a single person within the same company. The 2-EL license is applied only for the staff of the organization that holds the account. The maximum amount limit of 500,000 copies applies for the total amount of work resulted from all designers involved.

Example: As a physical trainer or coach, you decide to share the cliparts with two collegues of your company. you must buy one EL allowing you to provide the cliparts into your own organization. if you act as an individual, you have to buy three separate RF licenses.

Unlimited seats (U-EL) (identify as Gold License on our website):

This license extends our regular Royalty Free (Bronze License) to an unlimited number of seats within the same organization. It is an additional license to the usage included within the regular Royalty-Free (Bronze License) that awards rights for a single person within the same company. The U-EL license is applied only for the staff of the organization that holds the account. The maximum amount limit of 500,000 copies applies for the total amount of work resulted from all designers involved.

Example: As an owner of fitness center company, you want to provide quality cliparts to your staff of trainers and fitness advisors. each member of your staff could use the images for free within the limits of your company's activities. they are not allowed to use it outside of your organization. if this is the case, they must purchase a bronze license (RF) on their own.

Web-electronic/Physical/Editorial Usage (P-EL) (identify as Platinium License on our website):

Electronic Items for Resale: this license includes the right to use the photos for webtemplates that are sold to more customers, screensavers, e-cards, powerpoint presentations or as wallpapers on cell phones. Maximum number of electronical items is 10,000 copies (applies as a total of each type of usage). If this amount is exceeded you need to acquire this license once again. The new license will provide you with the standard amount of copies.

 This is an additional license to the rights included within the regular Royalty-Free license. Note that the other restrictions still apply.

  Physical Items for Resale: includes the right to use the photos for t-shirts, postcards, greeting cards, mugs, mousepads, posters, calendars, framed artwork that is to be sold to other customers for a maximum amount of 10,000 copies (applies as a total of each type of usage). If this amount is exceeded you need to acquire this license once again. The new license will provide you with the standard amount of copies. This is an additional license to the rights included within the regular Royalty-Free license. Note that the other restrictions still apply.

The images that you download with the Editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media. 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. Maximum number of electronical items is 10,000 copies (applies as a total of each type of usage). If this amount is exceeded you need to acquire this license once again. The new license will provide you with the standard amount of copies.

 This is an additional license to the rights included within the regular Royalty-Free license. Note that the other restrictions still apply.

   For any other details regarding usage or these licenses, you are strongly advised to contact us.

 

Unauthorized Use

Without limitation, Images may not be used as a trademark or service mark (unless the appropriate extended license is being used). Unauthorized use of these Images constitutes copyright infringement and shall entitle www.fitness-clipart.com 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 www.fitness-clipart.com rights or remedies in connection with any unauthorized use. 

Sensitive Subjects

Any license granted by www.fitness-clipart.com shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without www.fitness-clipart.com's separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.  You must contact www.fitness-clipart.com for additional information prior to any use of an Image with any sensitive topic. 

Refund Policy

You may ask for a refund of your purchase within 7 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 www.fitness-clipart.com username.

  If you have downloaded an image that has technical flaws please contact us. Above this, www.fitness-clipart.com is not responsible for technical problem occuring after the download. Downloads are not refunded if more than 7 days from the download date have passed.

www.fitness-clipart.com Trademarks

The trademarks, services and logos used and displayed in www.fitness-clipart.com are registered and unregistered trademarks of www.fitness-clipart.com its subsidiaries and affiliates. www.fitness-clipart.com trademarks may only be used publicly with the permission of Michael Van Cutsem with proper acknowledgement. Except as expressly granted www.fitness-clipart.com. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

Indemnification

You agree to indemnify, defend, and hold harmless www.fitness-clipart.com 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. 

Indemnification

Disclaimers

WW.FITNESS-CLIPART.COM 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-FRINGEMENT, 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, NEITHER WWW.FITNESS-CLIPART.COM NOR ANY AFFILIATES OR MEMBERS 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 NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL DREAMSTIME'S OR ITS AFFILIATES' 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.  

www.fitness-clipart.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.