LICENSING | PRIVACY POLICY | TERMS OF USE
Site Usage and Legal Policy
LICENSING & AGREEMENT
This is a license agreement between site visitors and Explosion Island (and its affiliates) that explains how you can use photos, videos, video clips, and streaming content that is purchased from Explosion Island. By downloading content from Explosion Island, you accept the terms of this agreement.
Type of License
Every file downloaded from Explosion Island comes with a standard license.
You are welcome to use watermarked content from the Explosion Island site on a complimentary basis for test or sample use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 30 days following download.
Use of Licensed Content
You may use content in any way that is not restricted (see Restricted Uses below).
Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Explosion Island are:
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Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.
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Non-exclusive, meaning that you do not have exclusive rights to use the content. Explosion Island can license the same content to other customers.
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Worldwide, meaning content can be used in any geographic territory.
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Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
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For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
In addition to the above, the following applies to video items of content ("Video"):
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You can edit content provided that any such change (i) shall not alter the fundamental character of the portion of the Master being used, and (ii) shall not give rise to any ownership rights or claims, including copyright, on your part in or to the resultant edited recording or composition.
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"Video" shall include visual recordings and compositions, including clipsstreams and images. "Work" means the production, program or other project in which the Video has been created (as defined below). "Develop(er)", meaning to cause (or permit others to cause) the performance, telecast, broadcast, transmission, streaming, exhibition or distribution of the Work. "Copy", meaning to duplicate or otherwise make copies of the Work solely for the purpose of Broadcasting the Work. "Synchronize", meaning to couple and/or synchronize, arrange, record, re-record, transcribe, modify or edit the Music solely in timed relation with a permitted use in the Work. Edit means use by you of less than an entire piece of Video, including the editing, looping, enhancing or modifying of the Master.
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Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
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Please make sure you read the Restricted Uses section below for exceptions.
Restricted Uses
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No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations or industry codes.
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No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
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No Use in Trademark or Logo. Unless you purchase a custom license (not available for Music), you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
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Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: "Stock Content."
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No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
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No "Video Products". You may not use Video to manufacture, distribute or sell any product in any format or media now known or hereafter devised, embodying Video alone or only with other video types.
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No Separate Use of Titles, Images or use in Themes. You may not use any Video as the theme for a program or other production or to use the title of any Video separately from the Video.
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No Political Campaigns. Video may not be used for political campaigns.
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No Use in Trademark or Logo. You may not incorporate any Video into a logo, trademark or service mark.
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No Products for Resale. You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
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No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
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Limited print run. You may not reproduce the content more than 100 times in physical print form. This restriction does not apply to electronic reproduction.
Transferable Rights
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
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Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
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Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
Representations/Warranties
Explosion Island makes the following representations and warranties:
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Warranty of Non-Infringement. Your use of the content in accordance with this agreement and in the form delivered by Explosion Island will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content.
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Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, iStock does not warrant the accuracy of such information, or of any metadata provided with the content.
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No Other Warranties. Except as provided in the "warranty of non-infringement" section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Explosion Island does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
Limitation of Liability
Indemnification of Explosion Island by you. You agree to defend, indemnify and hold harmless iStock and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
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Indemnification of you by Explosion Island. Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth above, Explosion Island agrees, subject to the terms of this Section 10, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by Explosion Island above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Explosion Island, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.​
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The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation, in which case the indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal costs including attorney fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
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Limitation of Liability. EXPLOSION ISLAND AND ITS LICENSORS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF ISTOCK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
PRIVACY POLICY
By using the site you consent to the collection, use and disclosure of your personal information in accordance with this policy.
This site is operated by Explosion Island and may be accessed in the United States and abroad. For personal data protection purposes, Explosion Island is the controller and, unless otherwise noted, is also the processor of the personal data.
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Explosion Island and its affiliates (Marshall Kay and Low & Slow Photography) are committed to protecting your privacy. This privacy policy tells you about our online collection, use and disclosure of personal data. The terms of this policy apply to all personal data collected by Explosion Island on the website ExplosionIsland.com and other websites which may be linked to ExplosionIsland.com.
Privacy Contact
We have designated a privacy officer at Explosion Island to be accountable for our policies and practices with respect to the management of personal data. You may forward any questions, comments or complaints that you might have about this privacy policy to:"Explosion Island - Privacy" explosionisland@gmail.com
Personal Data
If you would like to review or revise information that you previously provided to us, you may access and change your personal data in the "My Account" section of the site. You may also contact Customer Service by email at explosionisland@gmail.com (Subject Line "Personal Data") for assistance.
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Explosion Island respects your right to make choices about the use and disclosure of your personal data. If at any time you decide that you do not want to receive marketing emails from us, please let us know by: (1) checking or unchecking the appropriate box on your online registration form when you sign up or in the "My Account" page of the website once you are a member; (2) contacting your Customer Service at explosionisland@gmail.com; or (3) follow the "unsubscribe" instructions included within each email communication.
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The personal data we collect depends on how you interact with us, the websites you use, and the choices you make. We collect and process personal data about you with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests.
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If you choose not to receive marketing emails, please be advised that you will continue to receive transactional or account communications and emails (e.g., confirmation emails and account balance statements).
Collection of Information
Information you provide directly.
We collect personal information you provide to us. For example, we collect your name, email address, postal address, phone number, fax number, demographics, and other information you provide us. If you make a purchase, we also collect credit card numbers and other payment information.
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Information collected automatically.
Explosion Island collects certain kinds of information, such as the website that referred you to us, your IP address, browser type and language, and access times. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site. We also collect further information as discussed below under "Use of Cookies and Other Technologies".
Sharing Personal Data
Except as disclosed in this privacy policy, Getty Images does not share your personal data with any outside parties.
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We share personal data with your consent or as necessary to complete your transactions or provide the products or services you have requested or authorized. We may also share your personal data within our corporate group, including with our subsidiaries, affiliates, and divisions, all of whom may use your data for the purposes disclosed herein. In addition, we may share your personal data with our approved and appointed distributor network.
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We may share your personal data with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, analyze your interests and preferences and to conduct audits, etc. Those companies will be permitted to obtain only the personal data they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. Explosion Island maintains contracts with these third parties requiring their treatment (access, use and disclosure) of personal data to be consistent with our obligations under the law.
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Information about our customers, including personal data, may be disclosed as part of any merger, transfer, divestiture, acquisition, or sale of all or a portion of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal data would be transferred as one of the business assets of the company. We will notify you of such an occurrence as described in the "Changes to This Privacy Policy" section below.
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We reserve the right to disclose your personal data if we have a good faith understanding we are required to do so by law (including to meet national security or law enforcement requirements), or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
Retention of Personal Data
We retain personal data for as long as necessary to provide the products and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary for different data types in the context of different products, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Social Media
We allow you to share personal data with third parties, such as social networks like Facebook and Instagram. In these instances, you are agreeing to the data being shared and the shared data is subject to the privacy policies of such third parties. We may combine information we receive from those platforms (e.g., profile information, likes, pageviews) with other information we collect from you or other sources and use and disclose it as described in this privacy policy. Except where required by applicable law or regulation, we do not control and do not assume any responsibility for the use of personal data by such third parties. For more information about the third party's purpose and scope of their use of personal data in connection with sharing features, please visit the privacy policies of these third parties
Cookies
Explosion Island uses "cookies" and other technologies like pixel tags, web beacons and similar technologies ("Cookies") to enable you to sign in to our services and to help personalize and improve your online experience. A cookie is a small text file that is placed on your hard drive or device. Cookies contain information, including personal data that can later be read by a web server in the domain that issued the Cookie to you. The information that Cookies collect includes the date and time of your visit, your registration information, and your navigational and purchase history. Pixel tags, also called web beacons, are clear image (i.e., non-visible) files that may be placed on a website, in an email or newsletter, and request information from your device such as your browser type and may assist us in determining your engagement with the content of the website and emails we send, how many users have visited certain pages, or how users have otherwise engaged with our messages or newsletters. We may use web beacons to help deliver cookies.
Changes to Privacy Policy
We reserve the right to change the terms of this privacy policy at any time when necessary to reflect changes in our products, how we process personal data, or applicable law. When we make changes, we will revise the "last updated" date at the top of the policy. If there are material changes to this statement, we will provide notice or obtain consent regarding such changes as may be required by law. We encourage you to review this policy whenever you visit one of our sites.
TERMS OF USE
This agreement governs the use of the Explosion Island website.
This website is owned and operated by Explosion Island. Access and use of this website is provided by Explosion Island and/or its affiliates to you on condition that you accept these Terms of Use, and by accessing or using this website, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this website.
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Explosion Island may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the website periodically. Your continued access or use of this website after any such changes are posted will constitute your acceptance of these changes.
Site Use
This website and its contents including such information as software, photographs, images, data files, video files, animations, flash files, code snippets and other material (collectively, "Content") are intended for customers of Explosion Island. You may not use this website or the Content for any purpose not related to your business with Explosion Island. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or the Content without, or in violation of, a written license or agreement with Explosion Island; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Explosion Island product or service if you are not expressly authorized by such party to do so; and (e) using the website or the Content other than for its intended purpose, as determined solely in Explosion Island's discretion, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
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You may not interfere with the security of, or otherwise abuse this website or any system resources, services or networks connected to or accessible through this website. You may only use this website for lawful purposes. Explosion Island will not be responsible to pay you or any Third Parties fees in connection with billing or collecting any licensing fees from you. You are responsible for all applicable taxes and any applicable Third Party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees.)
Registration Information
In consideration of your use of the site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Explosion Island, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Explosion Island immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Explosion Island.
Intellectual Property
All materials (including the organization and presentation of such material) on this website (the "Materials") are the property of Explosion Island and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
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The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
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We also appreciate any feedback or other suggestions about our services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them.
Privacy
Explosion Island is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Commitment to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website. Review our Privacy Policy for further details.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION OR TOOLS CONTAINED THEREIN.
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IN NO EVENT SHALL EXPLOSION ISLAND OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
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IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE MATERIALS IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) CANADIAN DOLLARS.
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SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Explosion Island – and/or any of its affiliates – harmless against all claims or liability asserted against Eplosion Island arising out of, or in connection with, any breach by you or anyone acting on your behalf of any of these Terms of Use.
