Your use of this site confirms your acceptance of the following terms and conditions (“Agreement”), and that you have reached the age of majority in the jurisdiction in which you reside.

Image Bank - Terms and Conditions

By clicking on “I Agree” below, you agree that you have read, understood, and accepted all terms and conditions listed here (“Agreement”), and confirm that you have reached the age of majority in the jurisdiction in which you reside.

Humber Institute of Technology and Advanced Learning (“Humber”) owns all rights, including intellectual property rights, in and to this site (“Site”), including all Assets found in the image bank on the Site (“Image Bank”) (the term "Asset" refers to any photograph, image, animation, video, design, text, any other material available in the Image Bank or layout on this Site).  

User ID and Password

You may not allow any other person to use your user ID or password to access any part of this Site.  You agree to keep your User ID and password confidential.

Limited License

You are granted a personal, non-transferable and non-exclusive right to access the Site and download, use, modify, publish and display the Assets solely for using the Assets in promotional materials and presentations of Humber, provided that you credit Humber for the use of the Assets in the following manner: (i) where the name of the photographer/creator of the Asset is known: “[Photo/Image] by [Insert photographer/creator’s name], courtesy of Humber College”; and (ii) where the name of the photographer/creator of the Asset is not known: “[Photo/Image] courtesy of Humber College”. (NOTE, the name of the photographer/creator can be located in the image meta data where available.)

Downloading Assets does not transfer to you any ownership or other rights, including intellectual property rights.  Under no circumstances may you sell, license, or otherwise deal with the Assets or alter the Assets, whether for commercial gain.

This Site, including all Assets, are protected by Canadian and international copyright, trade-mark, and other laws. Humber, and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress in Canada and/or other countries.

Restrictions

You agree that you will not: (i) use any of the Assets for a purpose not related to Humber; (ii) use any of the Assets in a website template or database or in any template, database or design available either individually or as part of an archive, of a catalog collection or of an automated shopping system; (iii) use Assets in connection with illegal, obscene, immoral or pornographic material or in a way that can damage Humber's reputation; (iv) use Assets in a manner, or within materials, that would violate applicable laws or regulations of any country, province, state or other government entity; (v) use Assets in any way that is not permitted or that violates this Agreement; and (vi) authorize any third party to use the Assets that in any way is not permitted or violates this Agreement, including but not limited for commercial purposes at any time.

Humber's Rights and Termination

You understand and agree that Humber may, at its sole discretion: (i) modify this Agreement at any time without notice; (ii) monitor your download activity from the Site at any time and as many times as it chooses for any reason, including, but not limited to, a violation of this Agreement; (iii) take the appropriate action to investigate all possible violations, which can lead to contacting you, suspending your access privileges and even terminating them; (iv) take other actions deemed necessary, depending on the nature and severity of the violations, if it cannot confirm the validity of the user's activity; and/or (v) limit, suspend or terminate access to this Site, and/or delete your registration, without notice.

Upon any termination of this Agreement, you understand and agree that you lose all rights to the Assets, and you must IMMEDIATELY delete all Assets that you obtained before the termination of your access privileges.

"As Is"

This Site, including all Assets, are made accessible to you on an "AS IS," and "AS AVAILABLE" basis, without any representations, warranties or conditions of any kind, whether express or implied, including without limitation implied representations, warranties or conditions of title, fitness for a particular purpose, merchantability, or to the non-infringement, all of which are hereby disclaimed by Humber to the fullest extent permitted by law. Humber further makes no representation or warranty that (i) your usage of the Site, including any Assets, will be free from interruptions or free from errors, viruses, omissions, defects or other damaging elements and (ii) Humber will correct any such errors, viruses, omissions or defects. When you access the Site, including any Assets, you do so at your own risk.

Limitation of Liability

Humber, its subsidiaries and affiliates, and each of their directors, officers, contractors, partners and employees, and any person associated with Humber are not be liable for any direct, indirect, incidental, special, consequential, punitive or other damages, including, but not limited to, the loss of revenue or profits, arising from the use of or the inability to use the Site, including the Assets.

Injunction

You acknowledge that, in the event that you violate this Agreement, the harm suffered by Humber or any person associated with Humber would not be compensable by monetary damages alone and, accordingly Humber shall, in addition to any other available legal or equitable remedies, be entitled to an injunction against such violation, or threatened violation. 

Indemnity

You agree to indemnify and hold harmless Humber, its subsidiaries and affiliates, and each of their directors, officers, contractors, partners and employees, and any person associated with Humber, from all claims, liabilities, costs, losses, damages, expenses, including legal fees and disbursements, arising out of or in connection with your use of the Assets or the Site or from of any breach or alleged breach of any representation, warranty or other promise made by you pursuant to the terms and conditions in this Agreement.

Governing Law

This Agreement, your use of the Site, and all related matters shall be governed by and be construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada.  You hereby irrevocably submit and attorn to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto.

Other Matters

The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision.  The provisions of this Agreement will enure to the benefit of and be binding upon each of Humber and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.  You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Humber which may be withheld in Humber's sole discretion.  Humber may assign this Agreement and its rights and obligations under this Agreement without your consent