Terms and Conditions
Terms & Conditions of Use
Photographium Rights Managed End User Licence Agreement (EULA)
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY SELECTING “ACCEPT TERMS & CONDITIONS OF USE” YOU ACCEPT THIS AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THIS WEBSITE, ITS PRODUCTS AND SERVICES.
This is a legal agreement (The "Agreement") between Licensee (“you”) (as defined below) and Licensor (“Photographium”). By registering and accessing or using the Website (Photographium.com) or Content (as defined below),provided by Licensor (“Photographium”), Licensee (“you”) agrees to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE.
Photographium may revise and update these Terms & Conditions of Use at anytime and without notice. You are cautioned to review the Terms & Conditions 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.
In this agreement:
1.1. “Licensee” means you, if you are an individual entering into this Agreement on your own behalf, If you are accepting and acting on behalf of your employer or client, you: represent and warrant that you have the full legal right and authority to enter into this Agreement and bind such employer or client, will use the Content only for the interest of such employer or client, and agree to be bound by the terms and conditions of this Agreement. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement and do not download the Content.
1.2. “Content” means any photographic image, illustration, audio file, animation, Flash file, clipart, film or video footage, or any other audio or visual content, or in any media or other material that you are downloading from the Website, together with any accompanying material.
1.3. "Account" means the single Photographium user account registered in Your name at the Website, to be used by You or an authorized User only.
1.4. "Client" or "Customer" means Your direct end-user clients / customers who use the Content only in the form of a Licensed Work Reproduced or produced by You.
1.5. "User" means any designated employee, contractor or subcontractor of You who has or been granted access by You to use Your single-user Account (without being provided details of the Account password) and who: (i) downloads, manipulates, edits, modifies or saves the digital file containing the Content; (ii) is otherwise directly involved in the creative process that utilizes the Content; (iii) agrees to all the terms and conditions of this Agreement; (v) is administered, authorized and managed by You; and (vi) for whose actions / omissions in relation to the use of the Content You shall be fully responsible.
1.6. "Invoice" means the computer-generated invoice provided by Photographium that may include, without limitation, details of the Content selected, any limitations on the Licence in addition to those specified herein, the key terms of the Licence and the corresponding price for the Licence. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.
2. GRANT OF RIGHTS AND PERMITTED USES
2.1. Use of the Content is licensed, not sold. No ownership or copyright in any Content shall pass to Licensee by the issue of the Licence.
2.2. Photographium grants to Licensee a non-exclusive (unless otherwise stated on invoice), non-sublicensable and non-assignable right to Reproduce the Content solely in the manner and for the purposes set out in the Invoice. This right may be exercised by your clients, provided that such clients agree to comply with all the Terms. When exercising this right you must ensure any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Content.
2.3. Use of the Content is strictly limited to the use, medium, period of time, print run, placement, size of licensed Content and any other restrictions specified in the Invoice. Unless otherwise stipulated in the Invoice, Licensee may only use the Content within a single design or placement.
2.4. EDITORIAL PUBLICATION - Traditional print media
Use in magazines (interior and cover), newspapers (inside and frontpage), retail books and textbooks (interior and front/back cover).
2.5. ADVERTISING & PROMOTION - Traditional print media
Use in magazines (interior and cover), newspapers (inside and frontpage), retail books and textbooks (interior and front/back cover), insert magazine or newspaper, outdoor display-billboard, indoor display-billboard, travel brochure interior/cover, single sheet and postcard, promotional calendar interior/cover, retail calendar interior/cover, promotional greeting card, retail Poster, product packaging, covers and tags
2.6. ADVERTISING & PROMOTION
Use in TV commercial, advertorial, design elements or advertisements in feature film
2.7. FILM & TV PROGRAMMING
Use in feature Film (Includign trailer or theatrical promo), documentary Film (Including trailer or theatrical promo), TV program, music video
2.8. Use in REPRODUCTIONs for personal use, provided they are not for resale, license, or other distribution; as decor (for own use and not for resale) in an office, lobby, or public area, restaurant, retail store or home (decorative designs)
2.9. Licensee may install and use the Content on only one computer or other electronic device at a time. Licensee may physically transfer the Content and its archives from one computer or electronic device to another, in which case you may use the Content at the new computer or electronic device instead. Licensee must retain the copyright symbol, the name of Photographium, the Content’ identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Content. When your licence period as set out in the Invoice ends, you must promptly delete the Content from your computer or other electronic storage system. Any subsequent re-uses of the Content must be agreed with Photographium in advance of licensing to ensure the Content is available under the rights you require.
2.10. Licensee may utilize the Content in any production process that may be necessary for the intended use specified in the Invoice so long as any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Content.
2.11. Licensee may, subject to the Restrictions on Use listed below, use, alter, crop, modify, or adapt the Content only in connection with the following permitted uses. Any use of the Content that is not a Permitted Use shall constitute copyright infringement, entitling Licensor to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party.
3. RESTRICTIONS ON USE
Licensee (you) may NOT (and may not permit any Third Party)
3.1. Use, access or download any Content which is not intended for or licensed by Licensee;
3.2. License, sub-license, sell, re-sell, rent, lend, convey, transfer, assign, gift, distribute the Content (beneficially or otherwise) or Reproduce any rights in any Content
3.3. Resell, share, distribute the Content across a network or service, within a digital asset management system or shared drive, electronically, in hard copy or in any storage medium,
3.4. Use the Content in any web site or blog,
3.5. Display Content as a standalone file in any digital format on the internet; or display image files embedded within a website
3.6. Use in any website design, as design elements on a website, website template, video game, or CD-ROM, social media application, background or screen image in software or mobile applications, software product for distribution, electronic template or application, or any other electronic matter. Content may not be modified, reconfigured or repurposed for use in any mobile-directed web sites or mobile applications that are specifically created for viewing of Content on mobile devices.
3.7. Use on CD, DVD or any media / medium, or in any other way that enables Content to be accessed by any Third Party, downloaded or distributed via mobile or telecommunication devices, shared in any peer-to-peer or similar file-sharing network, application or arrangement or to make Content available to be shared, extracted, accessed or reproduced as an electronic file;
3.8. Use the Content in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
3.9. Use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items, or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
3.10. Use or display the Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;
3.11. Make the Content available in any medium in a manner intended to allow or invite a third party to download, extract or access the Content as a standalone file.
3.12. Archive, republish or transmit Content on any database or to a network, social networking site or bulletin board or otherwise distribute or allow any of the Content to be distributed to or used by anyone other than the authorized users.
3.13. Install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
3.14. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded; and / or
3.15. Remove any copyright notice, trademark, identification number, or other proprietary right from the Content file;
3.16. Falsify the origin or source of software or other material contained in a file that is uploaded.
3.17. Falsely represent, whether expressly or by way of reasonable implication, that the licensed Content was created by Licensee or a person other than the copyright holder(s) of that file.
3.18. Incorporate licensed Content (or any part of them) in any logo, trademark or service mark.
3.19. Use any Content in any manner that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, performance rights, confidential information or any other right;
3.20. Unless otherwise specified in the Invoice, Content may not be reproduced more than once within any design, editorial piece, advertisement or other work product. Licensee may not use nor permit the use of the licensed Content beyond the terms of this agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.
3.21. Under any circumstances use Content in connection with any pornographic, defamatory, fraudulent, lewd, offensive, political, racist, ethnically or culturally offensive, obscene or indecent, sexually explicit, immoral, intrusive of privacy or illegal materials; or in a manner which endorses violence or acts of terrorism, is discriminatory towards race, gender, religion, faith or sexual orientation, or which purports to endorse products or services carrying sensitive mental/health connotations;
3.22. Use the Content contrary to any restriction on use provided to Licensee prior to or at the time the Content is delivered to Licensee.
3.23. Use any of the Content in any manner prohibited by any export laws, restrictions or regulations.
3.24. Use Content billed as “Editorial Print Publishingy”, for any commercial, promotional, endorsement, advertising or merchandising use.
3.25. If the Content is reproduced on a social media platform or other third party website, the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Content contrary to the terms of this Agreement, and in such event, upon Photographium’s request, Licensee shall remove any Content from such platform or website.
3.26. Photographium does not warrant the accuracy of the captioning, keywording or any other information associated with the Content.
3.27. Photographium, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Content to ensure that the Content are being used in accordance with this Agreement.
3.28. Photographium may from time to time send Licensee notification that Content is no longer available for licensing in new products or designs. At this point you must promptly delete the Content from your database and no longer make it available for selection for new work.
4. USE OF THE SITE
4.1. Licensees must be at least 18 years of age.
4.2. This Agreement only allows the creation and registration of a Single User Account.
4.3. Licensee warrants that he/she has provided Photographium with accurate, complete, and current Licensee information. In the event that Licensee creates an account with Photographium, Licensee agrees to correct and update that information to ensure its accuracy and completeness at all times. Entering false personal information, or failing to comply with these Terms & Conditions of Use, may result in the revocation of the license(s) granted to the Licensee, as well Licensee’s loss of his or her Photographium Account, and any other services or privileges provided by Photographium.
4.4. Licensees who create a Photographium Account will receive a password. Each Licensee is entirely responsible for any and all activities conducted through his or her Photographium Account. Licensee agrees to notify Photographium immediately of any unauthorized use of Licensee’s password or account as well as of any other breach of security that may affect Photographium.
4.5. Upon creation of a Photographium Account, Licensee may be asked to choose a Licensee name. Licensees may not select or use a Licensee name of another person or a name that violates any third party's trademark or other proprietary right, that is or may be illegal to use, that may cause confusion with respect to the person's identity or association with other entities, or that Photographium deems in its discretion to be vulgar or otherwise offensive. Photographium reserves the right to delete any vulgar, inappropriate or offensive Licensee name, or to require the deletion thereof.
4.6. Licensees whose accounts have been terminated by Photographium may not access the Website without the express written permission of Photographium. An active Licensee may not knowingly allow any terminated Licensee to use an active Licensee’s account. Licensee may not allow anyone else to use his / her username or password.
4.7. The Website and Content are intended for customers of Photographium. Licensee may not use the Website or Content for any purpose not related to Licensee's business with Photographium.
4.8. Licensee may only use this Website for lawful purposes.
4.9. Licensee (you) are specifically prohibited from:
4.9.1. Download, copy capture, load rip, or re-transmit any or all of the Website or the Content other than by the download means/methods/functions provided by the Website, without, or in violation of, a written license or agreement with Photographium;
4.9.2. Under any circumstances, use automated or programmatic means or methods to download Content;
4.9.3. Remove or modify any notice of copyright, trademark or other proprietary right, or any other copyright management information or metadata, from any place where it is on or embedded in the Content;
4.9.4. Use any data mining, robots or similar data gathering or extraction methods;
4.9.5. Copy or adapt the object code of the Website, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website, or the Content, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the Content;
4.9.6. Manipulate or otherwise display the Website or the Content by using framing or similar navigational technology;
4.9.7. Avoid, bypass, remove or impair any measure that effectively controls access to the Content;
4.9.8. Interfere with the security of, or otherwise abuse this Website or any system resources, services or networks connected to or accessible through this Website.
4.10. Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Website. Computer viruses or other destructive programs may also be inadvertently downloaded from this Website. Photographium shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact Licensee's use of Licensee's computer equipment or other property on account of Licensee's access to, use of, or browsing on this Website or your downloading of any of the materials from this Website. Photographium recommends that you install appropriate anti-virus or other protective software.
4.11. Photographium updates the information on this Website regularly. However, Photographium cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website.
4.12. Photographium may revise, supplement or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors.
5. COPYRIGHT CREDIT ATTRIBUTION
5.1. Photographium’s copyright notice and Content identification reference which appear in the Content file must remain with Licensee's digital copy of the Content at all times.
5.2. If the Content is used in print media in Editorial Usage, the credit line "©Photographium.com/Copyright Holder's Name" must appear adjacent to the Content.
5.3. If the Content is used in a film, television production, documentary, or similar audio/visual or multimedia product in a Editorial Journanalistic Usage, the credit line "©Photographium.com/Copyright Holder's Name" must appear in the audio/visual production credits.
6. INTELLECTUAL PROPERTY & TRADEMARKS
6.1. All materials (including the organization and presentation of such material) on this Website (“Content”) are the property of Photographium 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.
6.2 Photographium may not be copied, imitated or used, in whole or in part, without the prior written permission of Photographium or the applicable trademark holder. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Photographium and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
7.1. Notwithstanding anything to the contrary in this Agreement, Licensee (you) agrees to indemnify, defend and hold Photographium and its parent, licensors, subsidiaries, joint ventures, affiliates, and Content providers and their their respective directors, officers and employeesits affiliates, employees, shareholders, partners and agents harmless from all claims, damages, liabilities, cost, and expenses (including reasonable attorneys' fees and costs), arising out of or as a result of
7.1.1. Licensee’s failure to abide by any restriction regarding the use of Content;
7.1.2. Claims by third parties relating to Licensee's use of any Content outside the scope of this Agreement, unauthorized use of Content,; or
7.1.3. Any other breach by Licensee or anyone acting on Licensee's behalf of any of the terms of this Agreement.
8.1. This Agreement is effective until terminated.
8.2. Photographium reserves the right to automatically terminate this Agreement and revoke the license contained in this Agreement without notice and without refund if Licensee fails to comply with any provision of this Agreement.
8.3. Upon notice from Photographium, or upon Licensee's knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which Photographium may be liable, Licensee must immediately and at his/her own expense (a) stop using the Content; (b) delete or remove the Content from his/her premises, computer systems and storage (electronic or physical); and (c) ensure that Licensee's clients, printers do likewise. Photographium shall provide Licensee with replacement Content (which shall be determined by Photographium in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
8.4. Notwithstanding any of these Website Terms, Photographium reserves the right, without notice and in its sole discretion, to terminate Licensee's account and/or to block Licensee's use of the Website at any time, for any reason or no reason. Licensee accounts that are not accessed (logged into) for more than two years may be deemed terminated at the discretion of Photographium.
8.5. In the event that a Licensee’s account is terminated due to impermissible conduct or fraud, access to Photographium services, accounts, and commissions, as applicable, is immediately forfeited.
9. DISCLAIMERS, WARRANTY & LIMITATION OF LIABILITY
9.1. Website, including without limitation the Content, are provided "as is" and Licensee acknowledges that Photographium and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including without limitation any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement of third party rights, and those arising from a course of dealing or usage of trade.
9.2. Photographium makes no warranty with respect to any legal advice or information regarding proper legal use of any Content. Licensees are responsible for consulting their own attorneys to determine the fitness of Content for particular purposes. Licensor grants no rights and makes no warranties with regard to the use of names, people, trademarks, trade dress, logo types, registered, unregistered, or copyrighted designs or works of art or architecture or other forms of intellectual property depicted in any Content, and Licensee must satisfy itself that all the necessary rights, consents, or permissions regarding any of the above, as may be required for reproduction, have been obtained. Licensee acknowledges that some jurisdictions provide legal protection against a person’s image, likeness, or property being used for commercial purposes without their consent. Licensee agrees to hold Photographium harmless from any claims related to Licensee’s usage of Content.
9.3. Photographium, its licensors, and subcontractors do not warrant any connection to, compatibility with, transmission over, nor results or use of, any network connection or facilities provided (or failed to be provided) through Photographium.
Photographium makes no warranty as to the use or the results that may be obtained from the use of Photographium. Photographium makes no warranty with respect to any related software or hardware used or provided by Photographium. Any patent, copyright, trademark, trade secret or warranty issues, whether actual or alleged, are the direct responsibility of the manufacturer of said hardware or software product.
9.4. Photographium makes no warranty that access to the Website will be uninterrupted, timely, secure, or error free. Photographium makes no warranty that the Website or Content is free from infection by viruses or anything else that has contaminating or destructive properties. Licensee, not Photographium, assume the entire cost of all necessary servicing, repair or correction due to Licensee's use of Website or the Content.
9.5. Photographium uses reasonable efforts to to correctly categorize, keyword, caption and title the Content, Licensor does not warrant the legality of the Content, the accuracy of caption and keyword information, nor the legality or accuracy of any release information affiliated with the Content. Photographium offers a search feature within the Website. Photographium explicitly disclaims any responsibility for the content or availability of information contained in Website's search index or directory. Photographium also disclaims any responsibility for the completeness or accuracy of any directory or search result.
9.6. In no event shall Photographium, its directors, members, employees or agents shall not be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether or not foreseeable, based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or otherwise, arising out of or in any way connected with the use of Website, Content or the materials contained in or accessed through Website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Photographium, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Photographium's services.
10.1. Taxes. Licensee shall be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of Licensee’s use of the Content or as a result of the license granted to Licensee.
10.2. No Assignment. This agreement is not assignable or transferable on the part of Licensee.
10.3. No Waiver. No action of Licensor, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Licensor in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion, and it will not be construed as a waiver of any other right or provision.
10.5. Copyright Complaints. If you believe that any Content on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement using Contact form.
11. REVISION OF AGREEMENT
11.1. This Agreement contains all the terms of the agreement between Licensor and Licensee concerning the use of the Content and no term or conditions may be added or deleted unless made in writing and signed by Licensor.
11.2. Licensor shall have the right to modify the terms of this Agreement at any time, and such modifications will be deemed effective when posted on Licensor’s website.
11.3. Photographium may revise this Agreement at any time and such revision shall be effective immediately upon the posting of the revised Agreement on the Website. Licensee agrees to be bound by such modifications; however, if such modifications are not acceptable to Licensee, Licensee may terminate this Agreement.
11.4. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by Licensee, the terms of this Agreement shall govern.
You (Licensee) have agreed and reaffirm your agreement to conduct this transaction electronically. Your acceptance, download and/or use of any Content shall deem your agreement to this Agreement in its entirety.