FreePhotoMarket License Agreement
1. Definitions:
Submitter: A FreePhotoMarket user who submits (uploads) image files to FreePhotoMarket.
Customer: A FreePhotoMarket user who buys a licence to use a image file from a FreePhotoMarket submitter (downloads a image file from FreePhotoMarket).
Image: A by submitter submitted image file which is under license of this agreement and which license is bought by customer.
2. Agreement:
This image usage agreement is a legal agreement between the customer and submitter. By downloading or uploading any file, you agree to be bound by the terms of this agreement. Customer pays directly to submitter to license content from the FreePhotoMarket.com website. FreePhotoMarket excludes every liability for any damage caused by this agreement or any damage caused by a dispute between customer and submitter. When a dispute between customer and submitter exists, FreePhotoMarket will be no party in it.
3. Modifications:
FreePhotoMarket reserves the right to change any of the terms of this agreement at any time. If the customer have downloaded files prior to the changes in this agreement, customers use of those files will be controlled by the agreement in effect at the time the customer downloaded those files.
4. Use of image.
The submitter of image licenses the customer of image the use of image only as provided below on a nonexclusive and nontransferable basis upon payment of the required fees. All other rights to the image and any accompanying materials such as copyright are retained by submitter. Customers rights to use any image are subject to this agreement and are conditioned upon customers payment to submitter for customers use of the image. If customer fails to make any payment to submitter when due, or payment is refused or charged back, customers rights to use the image will automatically terminate. Customers are under no obligation to inform FreePhotoMarket or submitter of the uses made of the image.
5. Intellectual Property and Privacy Laws.
The customer acknowledge that the content available through the Website is the property of submitters and is protected by copyright and possibly other intellectual property laws. Furthermore, the customer acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that the customer must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. Absent an explicit written statement from submitter stating otherwise, the customer should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from FreePhotoMarket or submitter. Further, FreePhotoMarket makes no claims or warranties as to the validity of the model or property releases associated with any image and such releases should be verified by the customer and that such usage shall be at the customers risk.
If submitter has indicated that a Model Release or Property Release is available, submitter represents and warrants that such release exists and must be able to make a copy of the original release available to the customer promptly upon request, with privacy information concealed to protect the privacy of models and property owners. Misrepresentation of Model Release or Property Release status will result in submitter exclusion from FreePhotoMarket and removal of all images from FreePhotoMarket.
6. Disclaimers:
All images provided by submitter are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. and submitter assumes no responsibility for any actions or liabilities arising from their possession or use. Submitter disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall submitter be liable to customer or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the images, even if submitter or FreePhotoMarket is expressly advised of the possibility of such damages. No oral advice or written information given by submitter or FreePhotoMarket, shall create a warranty; nor shall customer rely on any such information or advice. Customer acknowledge that this paragraph shall apply to all content, images, and services available through this Website of FreePhotoMarket. In those states or countries that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
6. Permitted Uses.
By this Agreement, submitter grants customer a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways, subject to the limitations set forth herein and in section 7 hereof:
|
Standard license |
Extended license |
On web sites, at a maximum resolution of 800 x 600 pixels. |
Yes |
Yes |
Incorporated into design or project templates and/or software, provided that the Image or any digital files containing the Image cannot be unincorporated from the template or software or viewed as a slideshow or the equivalent; |
Yes |
Yes |
In multimedia presentations and incorporated into film and video for broadcast use, and theatrical display. |
Only where the intended audience will consist of fewer than two hundred fifty thousand (250,000) viewers. |
Without regard to the size of the intended audience. |
In CD or DVD cover art, magazines, newspapers, books, eBooks, multi seat license electronic textbooks, book covers, textbooks, editorials: |
Only where the size of the manufacturing or print run of such items does not exceed two hundred fifty thousand (250,000) copies in the aggregate. |
Without regard to the size of the manufacturing or print run of such items. |
In the artwork for the packaging of any product (excluding CDs, DVDs, etc.). |
Without regard to the quantity of packages manufactured. |
Without regard to the quantity of packages manufactured. |
As toolbar skins and mobile phone "wallpaper" for customers own personal use. |
Yes |
Yes |
On letterhead, business cards, advertising or promotional posters, pamphlets, brochures, catalogs, pop up and/or panel displays for use in conventions and trade shows, provided that the Image is not used as and does not function as a trademark, service mark or logo or as an element thereof. |
Yes |
Yes |
Incorporated in artwork, magnets, posters, prints, posters, calendars, mugs and mousepads, online and paper greeting cards, and other reproductions. |
Only for customers own personal, non-commercial use or as advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images and limited to 1,000 copies of any single item. |
Yes, also for resale or distribution. |
In coordination with opt-in email marketing. Images cannot be used in connection with unsolicited email - or linked from unsolicited email. |
Yes |
Yes |
All other rights in the Images are expressly reserved by Submitter.
Purchasing an image buys customer a license to use the image in one product/project. If customer is creating several products/projects customer must re-purchase the image for each new product.
Customer may modify or alter image as necessary for customers use, as allowed for elsewhere in this agreement. If the Image is integrated into said derivative work it is still copyrighted by submitter.
7. Prohibited Uses.
CUSTOMER MAY NOT:
a. Use an Image other than as specified in section 6.
b. Use or display any Image on websites or in connection with any service designed to sell or induce sales of "print on demand" products, including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com).
c. Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.
d. Use an Image in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to: a) the use of Images in pornography; b) tobacco ads; c) ads for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) political endorsements; e) advertisements for pharmaceutical products, including, but not limited to personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
e. Remove any copyright or trademark information from any place in the files or accompanying materials.
f. Resell, redistribute or transfer any Image except as specifically provided herein.
g. Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
h. Displaying images in any format (including thumbnails) for download on a website, offering Images for sale, or including Images in templates (website, document, project or otherwise) for sale.
i. Produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper or any other medium unless expressly permitted by this agreement.
j. "Non-transferable" as used herein means that except as specifically provided in this agreement, customer may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. In addition, the work customer produces with the Image must be used for customer himself, customers direct employer, client, or customer, who must be the end user of customers work. Customer agrees to take all commercially responsible steps to prevent third parties from duplicating any Image.
Effective 27 February 2008