This Licensing Agreement is made effective between Fotostock.fr - Piccaya sprl - Vat: BE 461-715-743 120 - rue de la Brasserie 122, 1050 Brussels - Belgium ("Licensor") and You ("Licensee").
This Agreement constitutes a legal and binding contract governing the use of images the Licensee has downloaded from Fotostock.fr (“Gallery”).
CONTENT OF LICENSED MATERIALS
The materials that are the subject of this Agreement shall consist of pictures downloaded from our Gallery.
Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor and/or its suppliers.
Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and the right to provide the Licensed Materials to Authorized Users in accordance with this Agreement.
By download of images from the gallery, the Licensee warrants and attests that:
• the Licensee is of the age of majority.
• The information the Licensee provides to the Licensor is accurate and true.
• the Licensee has read, understands, and agrees to abide by and be bund by all of the terms in this Agreement.
The photographs made available by Agency, in analogical or digital format, are the property of the author and his heirs, the Customer may acquire exploitation rights only for a use and for a determined period of time, mentioned in the particular conditions. As a consequence, the photographs can not be sold but only and exclusively rented or lent for use.
Under this License, you may use an Image in one design project and must repurchase the image for use in a second project.
PERMITTED USES FOR STANDARD LICENSE
• Website design for yourself, your company, or a single client
• Online or print articles
• Print Copy
• Electronic Links.
• Marketing and advertising, including online and print ads
• Catalogues, books, magazines, newspapers, newsletters, ...
• Avatars, signatures, and personal greetings on a message board
• Course Packs
• Design of a CD or DVD cover
• Business cards and stationery for yourself, your company, or a single client
• Limited run to 250.000 copies
If unsure about the permitted uses for this License, please email us
This License primarily covers situations in which the Images are incorporated into the design of a product for distribution in the free or retail market. Under this License,the Licensee may use the image in the design of one product. To use this License, the Licensee must select the Extended License Fee product when adding an image to the cart. To use the same image in a second project, the Licensee must repurchase the photo, along with a second Extended License. (Ex.: You may purchase the Extended License for an image and use the image on mouse pads for retail distribution. To use the same image on mugs, you will need to purchase the photo again, as well as another Extended License.). There is no limit to the number of copies of the product that may be distributed under this License. No print limitation.
PERMITTED USES FOR EXTENDED LICENSE
• Permitted uses for Standard License
• Website templates
• Art prints and framed art
• Apparel (i.e., t-shirts, caps, ...)
• Technology products (i.e., software, mouse pads, screen savers, ...)
• Household products (i.e., clocks, mugs, dishes, flags, calendars)
• Bumper stickers
• Postage stamps
• Electronic or paper greeting cards
• Business cards and stationery design businesses
• Product packaging
• Print, unlimited run
If unsure about the permitted uses for this License, please email us
SPECIFIC RESTRICTIONS ON USE OF LICENSED MATERIALS
Unauthorized Use. Licensee shall not knowingly permit anyone to use the Licensed Materials.
Modification of Licensed Materials. Licensee shall not modify or create a derivative work of the Licensed Materials without the prior written permission of Licensor.
Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials.
Licensee may not use the images to promote hatred, violence, racism, sex, treason, terrorism, slander, obscenity, or immorality.
Licensee may not use the images in a way that violates any law or regulation of any country, state, or other governmental entity.
Licensee may not sell, share, subLicense, assign,give, or otherwise transfer or distribute our images where the image is detached from a derivative design, including posting our images on a network server, web server, or other electronic media device with the intention of file sharing or including our images in another digital photo collection either online, in print, or in a photo collection CD.
Licensee may not imply that the Images are their own or claim copyright, intellectual property rights, or other rights to the Images.
ACCESS BY AND AUTHENTICATION OF THE LICENSEE
• IP Addresses. Licensee shall be identified and authenticated by the use of Internet Protocol ("IP") addresses provided by Licensee to Licensor.
• Passwords. Licensee shall be identified and authenticated by the use of usernames and passwords assigned by Licensee. Licensee shall be responsible for issuing and terminating passwords in verifying the status of Authorized Users.
TERMINATION OF AGREEMENT
This Agreement shall remain in effect unless and until:
a. Licensee voluntarily ceases using the Images downloaded from our gallery and destroy all possessed copies.
b. Licensee fails to comply with any of the terms of this Agreement, in which case Licensee agrees to cease using theImage, destroy all possessed copies of the Image, make reasonable efforts to recall all copies of the Image Licensee may have distributed and, upon request, confirm to us in writing that all these requirements have been fulfilled.
WARRANTY AND LIABILITY
THE WEBSITE AND THE IMAGES ARE PROVIDED -AS IS-. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, 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. FOTOSTOCK.FR DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Any use of a photograph that would disregard the current general conditions shall give rise to the payment of a penal clause representing five times the amount of the initial rights without prejudice of possible damages. The omission of pictures credit, shall give rise, to the payment representing two times the amount of the initial rights.
Agency and Customer hereby expressly confer jurisdiction on the courts of the head office of the Agency.
Fotostock.fr reserves the right to modify or replace any part of this Agreement. Changes will be announced in advance of their being posted, but it is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Fotostock.fr website, following the posting of any changes to this Agreement, constitutes acceptance of those changes. Fotostock.fr may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The rights pertaining to an image are due once it was downloaded. No cancellation is possible after the download or supply of the photograph.
USE OF ALL OUR IMAGES
All pictures uploaded on our site must be accompanied by his legal notice
© Michel Piccaya - Fotostock.fr (+ url to http://www.fotostock.Fr)
This Licensing Agreement expresses the parties' entire understanding and agreement and that Fotostock.fr (Piccaya sprl) reserves the right to modify this Agreement at any time without notice.
Last upgrade: 2015