1. Site Usage Agreement
By using this site and/or downloading any material, you agree to be bound by the 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 changes based 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, uploading or using any media listed under the gymvisual.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 Gym visual has provided you with a translation of the English language version of the page or site`s functionalities, then 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 Gym visual. 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.
2. Use of this site
This site is owned and operated by Aliaksandr Makatserchyk.
All Media, audio and video material and related informational materials in any medium provided by Aliaksandr Makatserchyk hereunder, including related text, captions, or information (collectively referred to as Media) are owned by Aliaksandr Makatserchyk. All Media is protected by international copyright laws.
This site contains both Media that depicts a visible watermark (Watermarked Media) and Media that does not contain a visible watermark (Non-Watermarked Media).
Aliaksandr Makatserchyk allows you to search for, view, and use Watermarked Media only as permitted below.
If you have registered for a Gym visual account and Gym visual has approved your registration, you may be able to access Non-Watermarked Media, which shall be used only as permitted below.
Aliaksandr Makatserchyk reserves the right to revoke your authorization to view, download and use the Media and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Gym visual.
All rights not specifically granted under this Agreement are reserved to Aliaksandr Makatserchyk.
Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Media or related information.
Aliaksandr Makatserchyk 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 Media, delete all Media and all copies from all media and destroy all other copies. Your use of this site and any Media shall comply with all applicable law.
Aliaksandr Makatserchyk may restrict or remove your access to this site at any time, or restrict or remove the use of any Media for any reason, and may replace the Media with another Media, and you agree to immediately discontinue all use of the Media upon notification from Gym visual.
Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors.
You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive.
You are solely responsible for determining whether your use of any Media 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 Gym visual.
If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.
3. 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.
4. Use of Watermarked Media - Using Media for comping
Media includes without limitation all digital images, audio, audiovisual, video works and any related textual information (including captions and credits). Media includes visibly or electronically watermarked and reduced resolution Media (Non-Watermarked or Watermarked Media) or higher resolution non-watermarked Media (Non-Watermarked Media).
Conditional upon your compliance with this Agreement, Aliaksandr Makatserchyk grants you a limited license to download Watermarked Media solely for evaluating/comping whether you wish to purchase a license to the Non-Watermarked Media according to the Standard Terms and Conditions applicable to your use.
You may not use a Watermarked Media:
- in any final materials distributed within your company
- in any materials distributed outside of your company or to the public
- 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 Media. Except for this limited, internal testing and sample use, Aliaksandr Makatserchyk grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Media.
5. Registering For A Gym visual Account
To obtain access to our Media, you have to apply for a Gym visual account and you agree to provide complete, true and accurate information.
Gym visual 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 Gym visual.
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 Gym visual 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 Media downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Gym visual of any unauthorized use.
You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Gym visual account or web site or related services.
After acquiring, you can download Media 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.
Aliaksandr Makatserchyk hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce all Media, audio and video material worldwide, in perpetuity, as subject to the limitations set by Non-Exclusive Commercial Royalty-Free License (N-CRFL).
None of our Media may be resold or redistributed by any means, or made available for redistribution or resale by a third party (on FIVERR, UPWORK, FREELANCER, SHUTTERSTOCK, DREAMSTIME, ADOBE STOCK and etc) without Aliaksandr Makatserchykseparate written consent.
6. Non-Exclusive Commercial Royalty-Free License (N-CRFL)
What Non-Exclusive Commercial Royalty-Free License (N-CRFL) means is that you pay for the Media 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.
This license is granted in perpetuity and it is worldwide valid.
The Non-Exclusive Commercial Royalty-Free License (N-CRFL) is granted ONLY for the non-watermarked Media you buy; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.
6.1 Non-Exclusive Commercial Royalty-Free License (N-CRFL) permissions
The high-resolution non-watermarked Media that you download under the regular Non-Exclusive Commercial Royalty-Free License (N-CRFL) may be used:
- to illustrate and visually enhance:
- Android or iOS mobile application (apps);
- website pages and headers;
- magazine pages and articles;
- newspapers;
- books, ebooks and booklets;
- book/ebook covers;
- flyers;
- blog articles;
- newsletters;
- documentaries and motion pictures;
- social media posts;
- advertising and promotional material;
- in either printed or electronic media, as long as the item in which the Media appears does not contradict any of the restrictions below.
- to make fine art prints;
The list is not exhaustive and if you have any uncertainty regarding the use of the Media in a correct way please email support.
6.2 Non-Exclusive Commercial Royalty-Free License (N-CRFL) restrictions
The high-resolution non-watermarked Media that you download under the regular Non-Exclusive Commercial Royalty-Free License (N-CRFL) may NOT be used:
- to resell or redistribute;
- to use in on-demand services;
- to use in products (both physical or digital) destined for resale (i.e. image, video products and etc);
- to use in a Broadcast presentation;
- to post, distribute or sell on stock digital content websites (i.e. Shutterstock, Dreamstime, Upwork, Fiverr, Freelancer, etc.);
- to use Media in products or services that antagonizes Gym visual business model;
- to produce NFTs or to exploit in any way in the Crypto world;
- to post, distribute or sell on any Artificial Intelligence (AI) platform;
- to assign rights to third parties.
- to make available on a website for download (as wallpapers for example).
Buying the high-resolution Media (purchasing the license) does not transfer the copyright. You may not claim that the Media is your own and you may not sell, license for use, or in any way distribute the Media for reuse.
7. Unauthorized Use
Without limitation, Media may not be used for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Media constitutes copyright infringement and shall entitle Aliaksandr Makatserchyk 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 Media. The foregoing is not a limiting statement of Aliaksandr Makatserchyk`s rights or remedies in connection with any unauthorized use.
8. Sensitive Subjects
Any license granted by Aliaksandr Makatserchyk shall not constitute a representation that a Media is compatible for use with any other material. You are solely responsible for the use of any Media in combination with any other material, and you agree not to use Media with sensitive topics without Aliaksandr Makatserchyk `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.
You must contact Gym visual for additional information prior to any use of an Media with any sensitive topic.
9. Disclaimers
ALIAKSANDR MAKATSERCHYK PROVIDES YOU WITH ITS SITE AND MEDIA 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 ALIAKSANDR MAKATSERCHYK 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 ALIAKSANDR MAKATSERCHYK`S 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.
gymvisual.com agreement your acceptance of the terms of this Agreement.
If you disagree with any provision of this Agreement, please stop using and destroy all the data that you have downloaded from this site.
Where Gym visual has provided you with a translation of the English version of the page or functionality of the Site, you agree that the translation is for your convenience only and that the English version of the Terms of Use will govern your relationship with Gym visual. If there is any inconsistency between the English version and a translation into another language, the English version will take precedence.
