Image usage agreement

SINGLE USER LICENSE
USING THE ArtyStockPhotos COLLECTION

 

Once you sign up to an ArtyStockPhotos account, you have total access to all of the content available for your selected tier, provided you follow the Usage Guidelines below. We make it easy for you to use our files for virtually any purpose -- except to compete with us.

The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you") and ArtyStockPhotos Please read this agreement carefully before downloading any ArtyStockPhotos Images and/or content ("Image" or "Images or vectors"). By downloading any Image, you agree to be bound by the terms of this agreement, the  ArtyStockPhotos Privacy Statement and  ArtyStockPhotos 's Website Terms of Use, which documents are incorporated herein and made a part hereof by this reference. ArtyStockPhotos reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes.  Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from time to time, do not download or use any Images. 

If package expire, the credits balance will not nonrefundable without exception. For multiple uses re-license the image each time you use it in a new product or project.

Except as expressly provided herein, you may not directly or indirectly use, copy or reproduce any Image (in whole or in part) more than two hundred fifty thousand (250,000) times.

 

PART I
LIMITED LICENSE

1. All Images on the ArtyStockPhotos website are protected by Indian and international copyright laws and treaties. ArtyStockPhotos and/or the various artists who provide Images to ArtyStockPhotos ("Contributors") own all rights, including the copyrights in and to the Images. ArtyStockPhotos and/or its Contributors reserve all rights in and to the Images not expressly granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to ArtyStockPhotos for your use of the Images. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to ArtyStockPhotos for your use of the Images.  Using an Image outside of the licensing rights purchased might expose you to liability for copyright infringement. 

2. By this Agreement, ArtyStockPhotos grants you 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 Part II hereof:

a) On web sites, provided that no Image is displayed at a resolution greater than 800 x 600 pixels;
b) As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution;
c) As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution;
d) As a single hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration and not resold;
e) In coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email - or linked from unsolicited email and no Image may be reproduced or used more than 250,000 times;
f) On letterhead and business cards, pamphlets, brochures, catalogs and on pop up and/or panel displays for use in conventions and trade shows, provided that no individual Image is reproduced more than 250,000 times in the aggregate;
g) In the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
h) Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software and further provided that the manufacturing or duplication run(s)of such software (including downloads of such software) does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
i) In multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display only where the intended audience will consist of fewer than two hundred fifty thousand (250,000) viewers;
j) In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, provided that the manufacturing or duplication run (including downloads) of such home videos does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
k) As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs (including downloads of such artwork) does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
l) As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories provided that the print or manufacturing run(s) of such magazines, newspapers, books , book covers, textbooks, editorials and directories does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
m) In eBooks, including multi seat license electronic textbooks, provided that the number of potential seat licenses or end users is fewer than two hundred fifty thousand (250,000) in the aggregate; and
n) 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 further provided that the print or manufacturing run(s) of such posters does not exceed two hundred fifty thousand (250,000) copies in the aggregate.

3. In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by ArtyStockPhotos or its Contributors(s), subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

4. All other rights in the Images are expressly reserved by ArtyStockPhotos for itself and its Contributors.

 

PART II
You are permitted to use the content as long as all of the following conditions are met:

5. By this Agreement, ArtyStockPhotos grants you a personal, non-exclusive, non-transferable (except as herein provided) right, throughout the world, in perpetuity, to use and reproduce Images, subject to the limitations set forth herein and in Part II hereof. You may however transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images. 

PERMITTED WEB / ELECTRONIC USES

6. This Agreement grants you the right to:

a. Incorporate Images on web sites, provided that no Image is: i) displayed at a resolution greater than 1200 x 800 pixels; or ii) displayed as part of gallery, collection, album, archive, scrapbook or other aggregation of individual images, or

b. Use Images in coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email or linked to from unsolicited email;

c. Incorporate Images into software as background images or splash screens, including but not limited to video games, phone applications and device firmware, provided that the Images or any digital files containing the Images cannot be unincorporated from the software;

d. Use Images in multimedia presentations and incorporate them into film and video;

e. Use Images in eBooks, including multi seat license electronic textbooks.

PERMITTED PRINT USES

f. Use Images as prints, posters, postcards (i.e. a hardcopy) and other reproductions for your own personal use and display,  including display in commercial settings, provided such hardcopies are not resold or otherwise distributed;

g. Incorporate Images into advertising materials, posters and tradeshow signage for use in promoting the sale of other products or services (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that the Image is an integrated, supportive part of your project or product and not the definitive part of such prints and/or posters and/or other reproductions and further provided that the surface area of any single poster does not exceed 7.5 square feet.

h. Use Images in magazines, newspapers, books, book covers, textbooks, editorials and directories for editorial and/or advertising purposes;

i. Use Images in the artwork for the packaging of any product;

j. Incorporate Images on letterhead and business cards, pamphlets, brochures, and catalogs provided that Images are not used as a logo or trademark;

 

PART III
RESTRICTIONS

YOU MAY NOT:

7. Use an Image other than as specified in PART I.

8. Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-commissioned “print-on demand" products using or incorporating Image(s), including, by way of example only, postcards, mugs, tee shirts, posters, giclée prints, wallpaper, artwork and other items. For the purposes of this Agreement, the term “print on demand means”, a printing technology and business process in which copies of a product are not printed until an order for the product has been received.

9. Use an Image in such a manner that it infringes upon any third party's trademark or other intellectual property.

10. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images:

a) in pornography, "adult videos" or the like;
b) in ads for tobacco products or other addictive substances;
c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services;
d) in connection with political endorsements;
e) in advertisements and/or promotional materials for pharmaceutical, healthcare, herbal or medical products( including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products), if the use implies that the depicted person suffers from a physical or mental infirmity, ailment or condition or engages in any immoral or illegal activity; and
f) in any manner that is defamatory, or contains unlawful or offensive content.

11. Share an Image by providing access to such Image on shared disk drives, computer networks, servers, cloud network or other intranets of any nature or otherwise.

12. Use Images in a manner that competes with ArtyStockPhotos’ business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering Images for sale, incorporating  Images into templates of any nature, including templates for websites, social networking websites, documents, projects or otherwise making Images available for distribution and/or sale to third parties.

13. Use ArtyStockPhotos Images as the primary feature of any individual physical or digital product or any collection thereof which is offered for sale, trade or otherwise distributed in violation of the terms of this Agreement.  Additionally, Images must be an integrated, inseparable part of a product and must constitute less than 50 percent of the overall product area, page layout or design.

14. Products where the image really IS your product

15. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

16. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image

17. Use automated programs, applets, bots or the like to access the ArtyStockPhotos.com website or any content thereon for any purpose, including, by way of example only, ownloading Images, indexing, scraping or caching the content on the website.

18. Products where the image is a main definitive part of your distributed product.

19. You cannot sell or distribute a group of images within a software application, cd, dvd or other network.

20. Making images available to your clients or users online, via CD or DVD, or any other method. You cannot download a bunch of images from our site then post or share them for your customers or friends to use.

21. Online "print-on-demand" products

22. Use in any logo or trademark

23. Pornographic, obscene or libelous works

24. Use that depicts personal endorsement by model

25. Use that depicts model in a sensitive way i.e. mental or physical health issues, substance abuse, criminal behavior, sexual activity or preference without a disclaimer.

26. Sub-license, give away, share or otherwise transfer stand-alone images/files

27. Displaying an original image digitally on-screen larger than 1200 x 600 pixels. Any size reproduction is acceptable with substantial changes to the content.

28. Never defame the ArtyStockPhotos’ Contributors and ArtyStockPhotos image in any way.

 

PART IV
MISCELLANEOUS

29. Except as specifically provided in this Image Usage Agreement, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image.

30. ArtyStockPhotos makes no representation as to the accuracy of geographical identifiers in images, such as street names and compass headings.  It is up to the individual purchasing the image usage license to determine the accuracy of the image. 

31. You agree to indemnify and hold ArtyStockPhotos harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify ArtyStockPhotos for all costs and expenses that ArtyStockPhotos incurs in the event that you breach any of the terms of this or any other agreement with ArtyStockPhotos.

32. ArtyStockPhotos warrants and represents that:

a)  Unaltered Images are in full compliance with this Image Usage Agreement and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties' rights of privacy or publicity;

b)  Unaltered Images do not and will not:

(i) violate any INDIAN law, statute, ordinance, or regulation;
(ii) be defamatory or libelous; or
(iii) be pornographic or obscene.

33. Notwithstanding anything to the contrary contained herein, ArtyStockPhotos shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the Images are used by you.

34.   ArtyStockPhotos grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, service mark, logotypes, copyrighted designs or works of art or architecture depicted in any Image. It is your responsibility to assure that all necessary rights, consents, or permissions that may be required for your use of any Images are obtained. 

35. You understand that you should seek counsel before using Images on or in connection with any goods or services or for any other commercial purposes.