ESSENTIAL INFORMATION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE 123RF.COM WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND 123RF LIMITED (HEREAFTER '123RF'). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE 123RF.COM DOMAIN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. 123RF RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.

1. OWNERSHIP

This Site is owned and operated by 123RF LIMITED. All images on this web site are owned by 123RF or its partners / contributors and are protected by International copyright laws and international treaty provisions. 123RF retains all rights not expressly granted by this agreement. The license contained in this agreement will terminate automatically without notice from 123RF, if you fail to comply with any provision of this agreement. Upon termination, you must delete and destroy all materials obtained from this site, copies, and related documentation thereof. In addition, 123RF reserves the right to terminate this site without notice.


2. AUTHORIZED USE

Any Content downloaded by you from this Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the 'Content') is licensed to you by 123RF. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the 123RF End User License Agreement (EULA) and any relevant Licensing Agreements.


3. LINKS TO THIRD PARTY SITES

123RF provides links to third-party sites as a convenience to you. 123RF does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by 123RF of such sites. 123RF is not responsible for the content of any linked sites.


4. LIMITED WARRANTY

123RF represents that it has the right to enter into this Agreement and has the right to grant this License under these terms.

123RF warrants that the Content will be free from defects in materials and workmanship under normal use for a period of 30 days from the date you download or receive it.  

EXCEPT AS PROVIDED ABOVE, THE CONTENT, ARE PROVIDED 'AS IS' 'AS AVAILABLE' AND 'WITH ALL FAULTS' BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 123RF DOES NOT WARRANT THAT THE CONTENT AND SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND SITE ARE WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT 123RF OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.   

Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.


5. YOU REPRESENT, WARRANT AND COVENANT THAT:


1. You are at least 16 (if You are residing in EU) / 18 years of age (if You reside everywhere else aside from EU) and have the right to enter into this Agreement;
2. You will not use the Content in any way that is not permitted by this Agreement, EULA or any other relevant licensing agreements;
3. Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
4. The information you provide to 123RF is accurate and true, including without limitation all credit card information;
5. You agree that all passwords to your 123RF account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to
   
   1. terminate this Agreement immediately with notice to you
   2. retain all unpaid payments pursuant to this Agreement and
   3. seek any legal or equitable remedies.



6. INCORRECT PRICING AND INFORMATION

123RF has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Content's information is incorrect or the Content is priced wrongly, in such situation 123RF has the right to cancel the transaction and refund the payment, if the transaction has been made.


7. LIMITATION OF REMEDIES


1. Cancellation / Expiration: In the event this Agreement is not terminated but the subscription period has been cancelled or has expired, you may continue to use the Content that you have downloaded as of the date of cancellation or expiration, provided that such use is in compliance with the terms of this Agreement, EULA and other relevant licensing agreements.


2. No Monetary Damages: Under no circumstances whatsoever will 123RF be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Content even if 123RF or a distributor authorized by 123RF has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.



8. INDEMNIFICATION

You agree to fully defend and indemnify 123RF, its employees, directors, and officers, and anyone else associated with 123RF, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising from the breach of the warranty above or these Terms.


9. USAGE

123RF reserves the right to change and amend the prices of any credit / subscription package or the credit download rates and download sizes without prior notice to you. However, 123RF will always endeavour to notify you of any impending price changes.


1. SUBSCRIPTION PLANS
   
   1. Subscription plans cannot be upgraded nor downgraded upon download of the first Content.
   2. There shall be no extension of subscription period if you fail to download any Content due to Internet connectivity problems. 123RF will fully reimburse the 'lost days' only if the 123rf.com server is inaccessible worldwide (i.e. system down) for a continuous duration of 8 hours or more.
   3. Subscription Content will no longer be available for download once the subscription period ends.
   4. Auto Renewal subscription plans will be automatically renewed 3 days before it expires. You can cancel Auto Renewal at any time on our site (go to 'My Account' and update 'My Purchased Plan') or by contacting our support team.


2. CREDIT PLANS
   
   1. Credit Plans purchased cannot be downgraded. Upgrades however, will be entertained.
   2. Credits will expire within 1 year from the date of purchase.
   3. Credits are valid for use anytime within a year of purchase.




10. NO WAIVER

Failure by 123RF to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.


11. JURISDICTION


1. The establishment, effectiveness, interpretation and execution of this Agreement shall all be governed by the laws of Hong Kong, subject to its jurisdiction, and without regard to the conflict of laws principles.
2. All disputes arising in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to Hong Kong International Arbitration Centre for arbitration in Hong Kong which shall be conducted in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
3. You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to 123RF such that damages and remedies under Hong Kong Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Hong Kong, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.



12. LEGAL FEES

If 123RF is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse 123RF for its legal fees, costs and disbursements if 123RF is successful.


13. ASSIGNABILITY

You may not assign or transfer to anyone the rights granted to you in this Agreement, without 123RF's prior written consent.


14. ENTIRE CONTRACT

You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and 123RF, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and 123RF relating to the subject of this agreement. The explanations to FAQ's and other explanations and content provided in 123RF.com website are for your information only and are not, and shall not be construed as, part of this agreement.


15. SEVERABILITY

Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions.


16. PRIVACY POLICY

We only use your information as described in the Privacy Policy which is incorporated into these Terms and Conditions by reference. You may review our Privacy Policy here: https://www.123rf.com/privacy.php.

You further agree that by your continued use of the site, you agree to the terms of our Terms of Use and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by 123RF.com.


17. PROMOTIONAL LOGO

Your continued use of the Content, services and/or Sites implies your full consent to 123RF's use of your corporate / business identity logos for promotional purposes of 123RF without the need for payment of any consideration thereof.

We hereby inform you on Our current policies and practices applicable to the processing of your personal data (“Personal Data”) collected by Inmagine Group through the website https://www.123rf.com/ (the “Website”).

Essential Information

123RF (https://www.123rf.com/) is one of the websites being operated by the relevant entity within Inmagine Group which comprises of various legal entities throughout the world.

123RF Limited acting as data controller for the processing of your Personal Data will depend on how you interact with the Website where you are located and on the entity that have a relationship with you, as the case may be. The relevant Inmagine Group entities are referred to as “Inmagine Group”, “Our”, “We” or “Us” in this privacy policy.

For any general queries you may contact Us at: info@123rf.com.

What does this Privacy Policy covers?

This privacy policy generally describes, inter alia, the Personal Data We may collect from you, the processing of such Personal Data and your rights in relation thereto. 

Information We may collect from you

The term Personal Data refers to the data you provide to Us through the Website and may vary depending on the type of relationship you have with Us. Personal Data include:

Browsing data

The information systems and software procedures used to operate this Website acquire personal data as part of their standard functioning. The transmission of such data is an inherent feature of Internet communication protocols. This data category includes, among other things, the IP addresses and/or the domain names of the computers and terminal equipment used by any user, the location of the devices, the URI/URL (Uniform Resource Identifier/Locator) addresses of the requested resources, the time of such requests, the method used for submitting a given request to the server, returned file size, a numerical code relating to server response status (successfully performed, error, etc.) and other parameters related to the users’ operating system and computer environment.

Registration profile

If you decide to create an account on the Website, you may be required to provide Us your Personal Data such as name, username, e-mail address and billing address with the submission of the registration form. You may also include additional Personal Data such as surname, address, telephone number and date of birth.

If you decide to create an account through your existing profile in a social network (e.g., Facebook), you may be required to share Personal Data such as information of your public profile, (including name, surname and image) and e-mail address.

Financial information and billing details

If you purchase or subscribe any of Our products and/or services, you will also be required to provide Us Personal Data related to payments and billing, including name, surname, address, zip code, telephone number, e-mail address, billing address, as well as credit card details, or Paypal account or bank details. We do not store credit card details or PayPal account or bank details. Upon the completion of the purchase or subscribe of Our products and/or services, We collect transaction details from the payment gateway provider only.

Details under the “Contact Us” section

When you contact Us through the Website, you may be required to provide Us your Personal Data such as name, e-mail address and, at your own discretion, other information you decide to share with Us, that We may collect from you.

Recruitment

If you submit information about you via the career section of Our Website or apply for a position, We will collect and process the information which you have submitted for considering your application and all other recruitment purposes.

Cookies

We use cookies and similar technologies or tools to collect information about your activities on Our Website, including to use social media features or services on Our Website which may enable you to connect with Our social media page or share any promotional activities with your friends and social networks. Detailed information on the cookies We use and the purpose for which We use them are set out in Our Cookie Policy (https://www.123rf.com/cookie.php).

How do We use your information and why?

Your Personal Data will be collected and processed for the following purposes:

Categories of data:	Purposes of processing	Legal basis:
Browsing data	To extract statistical information on service usage (most visited pages, visitors by time/date, geographical areas of origin, etc.) and to check the functioning of the services.	Legitimate interest of the data controller to analyse and improve the performance of its services and to prevent crimes and frauds
Registration/creation of the profile	To process the creation of your account and profile on the Website and to provide or allow you the access certain areas, functions (e.g., processing the contents submitted by you and displaying your contents on Our Website) and features of Our Website.	Consent
Biographical data, financial information and billing details	To provide you with the products and/or services you purchased or subscribed to, as well as processing transactions and payments in connection therewith.	Execution of the agreement
	For administrative purposes connected with the performance of the commercial relationship with you or the fulfillment of legal requirements (e.g., accounting or tax requirements) or for complying with any requests from the competent authorities.	Compliance with a legal obligation to which We are subject or, in the event there is no such legal obligation, Our legitimate interest to keep adequate records in connection with the execution of the commercial relationship
	To share the Personal Data with the other Inmagine Group’s companies within the European Economic Area (EEA) for internal administrative and accounting purposes.	Legitimate interest for transmitting Personal Data within the group of undertakings for internal administrative purposes, including the processing of customers’ Personal Data
Biographical data and contact details	To contact you with information about current or new products, commercial opportunities, promotions and services or events sponsored by us that may deem of interest to you, as well as to verify customer satisfaction and to carry out market researches, analyses and surveys, and also to allow you to participate to prize contests, rewards, trips and/or receive gifts.	Consent
	To respond to your queries and questions and to provide any information you require (e.g., information and suggestion about products) in the section “Contact Us”.	Consent

The submission of your Personal Data is not mandatory. Any refusal to provide the consent will not have any effect other than Our inability to provide you the products and/or services. In such situation, We shall not be liable for any losses, liabilities and damages whatsoever and howsoever arising thereof.

At any time, you have the right to withdraw your consent.

Information We may share and data recipients

Your Personal Data are processed by Our personnel and, if necessary or functional to fulfilling the purposes indicated above, your Personal Data may be processed by third parties that may be appointed by Us as data processors.

The categories of recipients to whom your Personal Data may be disclosed are the following:

1. third parties such as (i) IT providers; (ii) financial institutions or payment gateway providers in connection with the processing of financial and payment information; (iii) marketing agencies to carry out marketing campaigns, surveys and promotions; (iv) legal, accounting, tax, labour consultants and other professionals; (v) other Inmagine Group companies within the European Economic Area (EEA), and
2. public entities and authorities, exclusively for the purpose of fulfilling legal and regulatory obligation.

Under certain circumstances, your Personal Data may be transferred outside the European Economic Area (EEA) to other Inmagine Group companies or to third parties data processors. In such cases, We ensure that We have adopted appropriate safeguards, including binding corporate rules or standard data protection clauses adopted by the European Commission, in order to guarantee the data subjects with an adequate level of protection.

Retention of your Personal Data

Data are retained as long as necessary for the performance of the services provided by the Website and to comply with legal obligations (including, auditing or taxation purposes), to meet regulatory requirements, resolve disputes, maintain security, and/or to prevent frauds and abuse.

In relation to Personal Data of your profile, We will retain the same as long as your account with Us is still active. If you choose to close the account or if your account is closed, We will delete your Personal Data and information within 30 days. This is without prejudice to Our right to retain the information (such as username and transaction details) to comply with legal obligations, prevent frauds and protect its legal interest.

In case you have given your consent for marketing activities, your Personal Data will be retained for a reasonable period or not more than 2 years after each collection.

Security

We treat the security for all information submitted or provided by you to Us seriously and is of importance to Us. We will take reasonable steps to protect or secure this data, including Personal Data. Accordingly, We may require Our employees or third-party service providers to assist Us in implementing or applying appropriate securities measures (such as firewalls, penetration testing and etc). You are also advised not to disclose and secure your own user name and password.

Your Rights

You have the right to obtain from Us confirmation whether your Personal Data are being processed by Us, and, in said circumstances, you have the right to request access to and rectification or erasure of the same or restriction of processing, and to object to the processing at any time, as well as under certain circumstances the right to data portability. With respect to the data portability, you have the right to receive your Personal Data in a structured, commonly used and machine-readable format and to request the transmission of said data.

If you have subscribed to or opted-in to receive Our marketing communications you can opt-out at any time, free of charge, requesting that your Personal Data not be used for marketing purposes.

You may exercise any of the above rights by contacting Us at info@123rf.com.

In the event of a breach of applicable EEA data protection laws you have also the right to file a complaint with the competent data protection authority.

Links to Third Party Website(s)

Our Website or any products/services being rendered to you may contain links to other websites that are not operated by Us and whose privacy practices may differ from Us. If you click on a third-party link, you may be directed to the third-party website. Any submission of your Personal Data to any of those third-party websites will be governed by the relevant third-parties’ privacy policies. We have no control and shall not assume any responsibilities howsoever arising thereof and We strongly advise you to carefully read the privacy policies prior to the disclosing of any information.

Advertising

We may, from time to time, partner with a third party to display Our’s or third party’s advertisement(s) on Our Website or engaging third party to manage Our advertising on Our Website. For more detailed information, please refer to Our Cookie Policy (https://www.123rf.com/cookie.php).

Mobile Applications or Mobile Website

We may provide Our products or services to you via our mobile applications or mobile website that is designed to be used on mobile computing devices (the “Applications”). You may be required to log in to Our mobile applications or mobile website with your user name and password in order to allow you to associate with the user account you have created on Our Website. The processing of Personal Data information therein will also be governed in accordance with this Privacy Policy and Our Cookie Policy.

Contact Us

If you: (i) have any questions, queries, inquiries or comments on Our Privacy Policy; (ii) have any concerns about how We process your Personal Data; (iii) would like to opt out of direct marketing activities; (iv) would like Us to update information or preferences you have provided to Us; or (v) have any other issues relating to this privacy policy, you may get in touch with us at info@123rf.com.

In the event you have any complaints you may also contact Us at privacy@123rf.com.

Changes to this Privacy Policy

We will keep this Privacy Policy under regular review and We may update this Privacy Policy from time to time. The updated version shall apply and supersede all previous versions. Hence, it is advisable that you check this Privacy Policy on a regular basis.

Last updated: 28 March 2019