Images bank > Licenses

1/ Proartisphoto end user license contract for the use of photographs with Rights Managed or with standard license

2/ Proartisphoto end-user license agreement for use of royalty-free images

1/ Proartisphoto end user license contract for the use of photographs with Rights Managed or with standard license

Please read this document carefully in full and contact customer service or your proartisphoto representative if you cannot understand this agreement, if you wish to use an image for a purpose not authorized under this agreement or if you have queries. The terms and conditions hereinafter govern the use and the access to all proartisphoto documents and images.

Standard terms and conditions: The proartisphoto invoice is an integral part of this agreement and any reference to this agreement must include Proartisphoto’s invoice. In addition to this invoice, these general conditions constitute a binding agreement for the parties ("Agreement"), that is, you and Proartisphoto. If you are entering into this Agreement on behalf of your employer, this Agreement applies equally to your employer and to you. By obtaining one or more Images or any other document directly from Proartisphoto or from the website, you accept the conditions of this agreement. If you do not wish to be bound by this agreement, do not use the Proartisphoto site, do not download, and do not use the images which it contains.

Use of images: "Images" refers to all the images and related information appearing on any medium provided by Proartisphoto, including accompanying texts, captions and other information. You agree to pay the license: for the Image, in accordance with the conditions specified in the invoice and in this agreement. You are required to pay for every Image that you receive, whether you use it or not, unless you comply with the return/credit conditions of this Agreement as specified under the Articles "Payment" and "Cancellation" of this Agreement. Unless otherwise specified in the Proartisphoto invoice, the Images obtained from this website are subject to a license that is non-transferable, unique, non-exclusive, are strictly limited to the restrictions of use, medium, time, printing, placement, Image size, territory, as well as any other restriction mentioned in the invoice or appearing on the website, and are provided under license for use within one year as from the date of invoicing, or sixty (60) days for internal assessment ("outlines"), it being specified that in any case, the duration of the license cannot exceed the duration appearing in the license agreement between Proartisphoto and the author of the Image.

Stated restrictions: The Images may contain restrictions, including, but not limited to, restrictions of time, means and territory of use and of prior agreement by a person representing himself or by his representatives. Ability to access an Image does not constitute in itself the right to use that Image. The use of an Image in a manner contrary to a stated restriction is prohibited. If you do not understand a restriction or you are not clear about its scope, you must contact Proartisphoto before downloading or before using any Image.

License granted by Proartisphoto: Unless otherwise specified in a mail to that effect signed by Proartisphoto, the reproduction of an Image will be limited to (1) an internal assessment, or outline, or to (2) a specific use, as described in your invoice, which will constitute, with the present terms and conditions, the entire license granted. Additional restrictions that may appear on Proartisphoto’s Website or on an invoice may include limitations relating to restrictions of use, medium, time, printing, placement, size of the Image, territory, as well as any other restriction. Any license granted by Proartisphoto is subject to the following conditions: (1) your compliance with all the conditions and restrictions imposed by Proartisphoto, and (2) the receipt by Proartisphoto of your full payment for such use, in accordance with the invoicing drawn up by Proartisphoto. Any failure to pay the full amount for such a use to Proartisphoto by the deadline will render the granted license null and void, and will justify Proartisphoto’s recourse to the provisions provided for by the copyright laws. In addition, you are not authorized to make, use or distribute copies of the Images for any purpose whatsoever, unless otherwise authorized. Proartisphoto reserves all rights relating to the Images, and does not give you any copyright, proprietary right or other right of access or of use of an Image following the obtention of a transfer from Proartisphoto.

The restricted license granted to you is personal and not-transferable; any work that you produce incorporating the Image must be produced in your own name or in the name of your direct employer. If you grant the license for a particular Image in the name of or for use by a customer, the latter must be the only and final user of your work. You are not authorized to sell, rent, lend, offer, or grant a sub-license or to transfer the Image or any right of reproduction of the Image (except if you incorporate this Image within the scope of authorized uses, as specified on the invoice).

Storage of images: The Images may be placed on your internal network for a limited period, provided that you limit access to the Images to people of good faith, capable of facilitating the production or creation of any form of use under license; you are, however, not authorized to distribute or give other people access to these Images. In line with your user license, you undertake to cease the use of all the Images and to erase/destroy any digital copy within fifteen (15) days, [as from the expiry of the license]. You undertake to neither store nor keep any archive containing these Images, under any format and or any medium whatsoever, unless your Proartisphoto invoice authorizes its re-use, in which case you may only store the Images subject to the conditions of your invoice. This section will remain applicable after termination of this agreement.

No modification: Considerations of specific moral and ethical rights apply to editorial, topical and artistic Images. When you use such Images, you may not carry out or authorize modifications or distortion of these Images (except for operations involving color correction or minor crops due to space limitation) or modifications or distortion of the information contained in the captions, except with the specific written agreement of Proartisphoto.

Consenting to the use of the image of a person or object represented /authorizations: The rights granted to you by Proartisphoto do not include the right to reproduce distinctly or separately the image of any person, place, property/object or subject contained in an Image and which may be covered by copyright, trademark regulations, rights to and over the image, moral rights, proprietary rights or other rights belonging to third parties. You acknowledge that there is no consent for this purpose, nor any other authorization or license relating to any Image, unless a separate mail from Proartisphoto expressly so specifies.

Proartisphoto disclaims any responsibility and does not grant any license relating to any right whatsoever in connection therewith.

Neither does Proartisphoto grant you any right, including copyright, trademark rights or rights to and over the image belonging to a person, a place, a property/an object or a subject represented on an Image. Moreover, Proartisphoto declines any responsibility as regards the accuracy of the information submitted with the Images. It is your sole responsibility to determine whether your use of an Image requires the agreement of a third party or whether it requires a license for the additional rights, and you should not take into account only the information provided by Proartisphoto. If you are unsure whether additional rights are required for your use, it is your own responsibility to seek legal advice.

An Image referred to as being an "Image representing a person having authorized the use of his image" means that the person represented in the Image has authorized the reproduction of the aforementioned Image in line with the restrictions contained in this agreement, including, but not limited to, uses in relation to sensitive subjects. Where Proartisphoto specifies that an Image is an Image representing a person having authorized the use of his/her image whereas this is not so, Proartisphoto’s responsibility will be limited to the amount which you have paid Proartisphoto for the use of the Image. Where an Image representing a person is used in a manner implying the use or recommendation of a product or service by this person, you must specify that the person represented is a model, and that he/she is used only for purposes of illustration. Any license granted by Proartisphoto is subject to your obtaining your share of all rights, agreements and authorizations required from third parties. At the request of Proartisphoto, you undertake to provide proof of such agreements and authorizations.

Prohibited uses: The Images can, in no case, be used as a trademark or a service mark, or for any pornographic purpose, illegal purpose or use, nor with the aim of slandering a person whomsoever or of violating the right of privacy, nor still the right to and over a person’s reputation, nor even to commit an infringement of copyright, brand name, trademark or service mark belonging to any individual or corporate body. Unauthorized use of these Images constitutes an infringement of copyright and may justify the recourse, by Proartisphoto, to all the rights and recourse provided for by the law relating to copyright, including the injunction prohibiting any subsequent use and the claim for financial damages against all users and beneficiaries of the use of these Images. Proartisphoto reserves the right, at its entire discretion, to request an indemnity equivalent (and by this agreement you undertake to pay) to ten (10) times the normal fee for the license for any prohibited use, over and above all the other expenses, damages or penalties Proartisphoto is entitled to under this agreement or the applicable law. The aforementioned does not amount to a declaration aiming to restrict the rights or recourse of Proartisphoto with regard to any prohibited use.

Sensitive subjects: A license granted by Proartisphoto does not constitute a declaration of compatible use of this Image with other contents. You are solely responsible for the use of any Image in conjunction with other contents, and you undertake not to use the Images relating to other contents involving sensitive subjects, without the prior specific written agreement of Proartisphoto. Sensitive subjects include, but are not limited to, elements capable of representing the subject-matter of an Image under a negative or unfavorable light, or to ridicule persons, as well as elements in relation to issues of sexuality, psychotropic substance abuse, mental or physical abuse, alcohol, drugs, cigarettes, AIDS, cancer or other serious physical or mental diseases, or to the denigration of a person or a product. Against payment of additional fees, certain images can be made available for use in connection with sensitive subjects. You are required to contact Proartisphoto for more information before using any image in connection with a sensitive subject

Payment: The price of an Image is fixed by Proartisphoto. If you are not certain of the price corresponding to your intended use, you must contact Proartisphoto before downloading any Image.

Copies: As from the date of publication you will provide to Proartisphoto, free of cost, a maximum of three (3) copies of any product or printed publication which you have created by using the Images or, if digital use is authorized, the Internet address and any password required, or an equivalent screen entry, for our personal records.

Rights of publication: Proartisphoto shall maintain exclusivity on all rights of publication, which may, as the case may be, arise from your use of our Images under the terms of the law and the applicable regulations.

Compensation: You undertake to compensate and defend Proartisphoto against any action (including, without limitation, a complaint made by a third party), liability, claims for damages, expenses and expenditure, including the reasonable legal fees and expenses, arising from or relating to (1) a breach of this agreement and Image restrictions, (2) the use of an Image, on its own or in conjunction with other contents, (3) your failure to comply with a restriction relating to the use of an Image.

Indication of source of Image and copyright notice: Where used in an editorial, a copyright notice and an indication of the photograph’s source, next to the Image (as per the format: "© name of the photograph/Proartisphoto" or as specified on the Proartisphoto website) with, and for, every Image used. The indication of the source of the image is an essential element of acceptance of the agreement for Proartisphoto, and in case of use of the Images for editorial purposes, you undertake to pay three times the amount specified in the invoice if you fail to indicate the source and if you do not mention the copyright. In the case of a commercial use, you must clearly display the source described above in the usual and appropriate spots.

Proartisphoto Trademarks: Except for the specifications relating to the source as required above, you are not authorized to use the trademarks or service marks of Proartisphoto without the prior agreement in writing from Proartisphoto.

Applicable Law/Jurisdiction: This contract is governed by French law. Any disagreement relating to the validity, interpretation, execution or breach of this contract falls within the exclusive jurisdiction of the competent tribunals under the Paris Court of Appeal. This agreement will not be governed by the United Nations Vienna Convention relating to contracts for the international sale of goods, whose applicability is hereby expressly rejected.

Confidentiality: During the period of application of this agreement, Proartisphoto will be able to provide you with certain information of a technical or commercial nature, as well as other confidential information, relating to rates. You acknowledge that such confidential information includes valuable trade secrets, and that they are the specific property of Proartisphoto, and you undertake to preserve the confidentiality of all "confidential information" that Proartisphoto may provide to you. You will neither use nor will you communicate these information without the prior written agreement of Proartisphoto. "Confidential information" includes all data that may be identified as confidential by Proartisphoto or information which you should treat as confidential, in good faith according to the circumstances pertaining to their communication.

Limited warranty: In accordance with the restrictions and limitations appearing on the online Proartisphoto site, on an invoice or in this present agreement, Proartisphoto certifies holding sufficient rights to grant you the limited license under this agreement and any related invoice. Moreover, Proartisphoto certifies that the digital copy of the Image provided to you does not contain material defects or defects in the finish (but not of visual artifacts inherent to the original Image) for ninety (90) days following its delivery; and Proartisphoto, your exclusive recourse if you are unable to use an Image, will provide you, at its entire discretion, with a replacement copy of the digital version of this Image, or will refund all the expenses you paid to Proartisphoto, provided you did not use the Image under license. Proartisphoto endeavors to use correct information for the captions, the titles or descriptions, but does not guarantee the accuracy of the information contained therein. Proartisphoto offers its online service on an "as is" basis to you. Proartisphoto does not offer any guarantee, whether express or implicit, with regard to its images, its online systems or rights or licenses, if any, under this agreement, including, but not limited to, the implicit guarantees of a commercial nature or the adequacy for a specific purpose.

Limitation of Liability: With the exception of any liability that cannot be excluded or limited by the law, neither Proartisphoto nor its subsidiaries or related companies can be held responsible towards you or towards any other third party claiming direct, indirect, incidental, specific or consecutive damages arising from use of the images or your inability to use them, or in relation to their use, whether this occurs within the framework of a breach of commercial warranty, of title, of non-infringement or of adequacy for a specific purpose, of an offence, of a breach of contract, of a failure of an essential purpose, or other. In no way would the responsibility of Proartisphoto, its subsidiaries or related companies with regard to the use of an image provided under this agreement exceed the expenses and fees paid by you for use of such an image, or 500 euros.

Miscellaneous: The contracting parties acknowledge having read and understood this agreement and agree to be bound by all the terms and conditions which are stipulated therein. They further acknowledge that this agreement is the full contract signed between the parties with regard to its object, and that it replaces all previous and current communications. This contract may not be modified, except through a written agreement signed by duly authorized representatives of Proartisphoto, provided that no purchase order or similar document issued by the customer modifies this contract, even when it is signed by Proartisphoto. If the delivery of the commitments of Proartisphoto as stipulated in this contract is delayed for an event of force majeure, such as, in particular, strike, lockout, act of the Government, destruction of equipment, insurrection, war or revolution, state measure, flood, fire, explosion or other natural phenomenon, or for any other reason beyond the reasonable control of Proartisphoto, then the date of the service delivery must be postponed in accordance with the delay.

Should a clause or a condition of this contract be deemed null or void, the other clauses of the contract will remain valid and will be enforced between the parties. The parties wish the conditions of this agreement to be applied fully, within the limits authorized by the applicable laws. It follows therefore that if the parties acknowledge that if the conditions are deemed unenforceable, they will have to be modified in order to become enforceable and such as to represent as closely as possible the intentions of the parties to this agreement.

This agreement will enure to the benefit of the parties and will constitute a commitment by the parties, their successors and their beneficiaries, except for the fact that you cannot assign or transfer this agreement without the prior written agreement of Proartisphoto.

2 Proartisphoto end-user license agreement for use of royalty-free images

Please read this contract carefully before buying or using a royalty-free image ("Image") of Proartisphoto. If you are not sure that you understand the rights granted to you under the terms of this contract or if you wish to obtain a license for additional rights or to add additional unauthorized users hereinafter, please contact one of our administrators: info@proartisphoto.com.

1. By using an Image or by exercising any right granted under the terms of this end-user license agreement (hereinafter, "Contract"), you accept the conditions of this Contract. If you do not accept the conditions of this Contract, you may return the unused Image, the CD-ROM/DVD (hereinafter, "CD") to Proartisphoto within 7 days as from the date of the invoice in order to obtain a refund of the purchase price. Proartisphoto and its suppliers hold the rights on the Images, on the CD and on the Proartisphoto.com website. All rights not specifically granted under this Contract are reserved to Proartisphoto.

2. Subject to the receipt of your payment for the Image or of the CD at the purchase price and compliance with the terms of the invoice relating to this Contract (including all the restrictions), Proartisphoto grants to you a non-exclusive, non-transferable right to use and reproduce the Images displayed on CD or the Proartisphoto.com website, exclusively for the following uses: Uses for printing - any printed matter, excluding "retail photographic products" (as defined below). Acceptable uses include articles of promotion not intended for sale (greeting cards, t-shirts, postcards, posters, phone-cards, credit cards, designs, CD and DVD liners, jackets for cassettes, board games, calendars), magazines, newspapers, adverts, editorials, catalogues, prospectuses, brochures, reports, disposable packing, book covers and school textbooks. The unauthorized "retail photographic products" include, but are not limited to, greeting cards, calendars, postcards, stationery, posters, t-shirts, ties, "decorative cups" and mouse pads, offered for sale (wholesale and retail).

Duration and territory of license.

It is understood that the license is granted for the duration and the territory specified in the invoice relating to the Image’s license, which is a constitutive part of this Contract, it being clear that in all cases, the duration and the territory of the license cannot exceed those on the license contract between Proartisphoto and the author of the Image.

Other uses (other that printing) - any electronic or digital material including screensavers, electronic greeting cards, websites (except website models), videos, multi-media including films and videos, CD-ROMs and DVDs, provided that the Image’s resolution is lower than 480 by 640 pixels and that it is incorporated into a graph in a way such that it cannot be downloaded, copied or distributed separately.

Restrictions.

Proartisphoto cannot anticipate all the possible uses of an Image, either on its own or in conjunction with other contents, made by you or on behalf of a customer. Use of this Image in conjunction with other contents is your sole responsibility.

The Images can in no case be used in the following cases (this list is not exhaustive):

- as a trademark or a service mark

- for pornographic purposes or for pornographic or illegal uses

- with the aim of slandering a person whomsoever

- with an aim to invading privacy or the right of personal portrayal of a person whomsoever

- to commit an infringement of copyright, a brand name, a trademark or a service mark of any individual or corporate body.

- for any use of an Image in relation to sensitive subjects, including, but not limited to, elements capable of representing the subject of an image under a negative or unfavorable light, or to ridicule persons, as well as elements relating to questions of sexuality, psychotropic substance abuse, mental or physical abuse, alcohol, drugs, cigarette, AIDS, cancer or other denigration of a person or of a product.

3. The term "non-transferable", as used in paragraph 2, means that the work that you produce, incorporating the image, must be produced in your own name or in the name of your employer or direct customer, who must be the end-user of your work. You undertake to get your employer or your direct customer, as the case may be, to respect the terms and conditions of this Contract. You are not entitled to sell, rent, lend, offer, grant a sub-license or transfer in any manner whatsoever to another person the CD or the Image, or the right to use the CD or the Image (unless you have incorporated this Image within the scope of authorized uses, such as mentioned in paragraph 2 of this contract), and none of your productions should grant or mean to grant to a third party the right to use or copy an Image. You undertake to take any measure necessary to prevent the copying or distribution of the Images by a third party.

4. When a CD is purchased by a company, this license contract authorizes a maximum of five (5) persons to use the Images contained in the CD and to exercise the rights described in this contract. You are not authorized to use the CD or an Image on a computer or any other saving device which can be simultaneously accessed by more than one (1) user via a network or other connection.

5. You will compensate and defend Proartisphoto and its suppliers of Images against any complaint, liability, claim for damages, costs and expenses, including reasonable legal fees and expenses, arising from or relating to (1) a breach of this contract, (2) the use or the modification of an Image, either on its own or in conjunction with other contents, (3) your failure to comply with a restriction relating to the use of an Image, or (4) any legal action brought by a third party in connection with the use of an Image, either on its own or in conjunction with other contents.

6. Limited warranty.

In accordance with the restrictions and limitations relating to your use of an Image included in this contract, Proartisphoto certifies that it holds sufficient copyright to grant you the limited license under this agreement. Moreover, Proartisphoto guarantees that the digital copy of the Image provided to you is free from any material defects or defects in the finish (but not of visual artifacts inherent to the original Image) for ninety (90) days following its delivery by Proartisphoto; and Proartisphoto, your exclusive recourse if you are unable to use an Image, will provide you, at its entire discretion, a replacement copy of the digital version of this Image, or will refund all the payments made to Proartisphoto, provided you did not use the Image under license. Proartisphoto does not offer any guarantee and is in no case to be held responsible for any Image: (a) modified by you (b) associated by you to other Images, products, contents or materials, or (c) for which Proartisphoto previously gave you prior notification not to grant a license or other.

Proartisphoto, its directors, managers, employees, associates, assignors or agents can in no case be held liable for indirect, indirect punitive or incidental damages that may arise from the use, or the inability to use, the CD, the website or an Image, even when Proartisphoto was informed of the possibility of such damages. In no case will Proartisphoto’s liability (whether it relates to an offence, a contract or other) arising from or relating to your use of the CD or of the Image or your inability to use the CD or the Image, exceed 500 euros, regardless of the number of disputes or Images used.

Except for what is provided for in this section, Proartisphoto does not offer any guarantee, express or implicit, with regard to the images or delivery of the commitments of Proartisphoto. Proartisphoto does not guarantee the accuracy of the information contained in the captions, descriptions and titles. Proartisphoto does not offer any other guarantee, express or implicit, with regard to its images, the rights or licenses, if any, under the terms of this contract, including, but not limited to, the fact that the images comprise no errors, with regard to the implicit guarantees of a commercial nature, under and to the adequacy for a specific purpose or with regard to non-infringement.

7. This contract cannot be transferred or modified by any purchase order, in the absence of a prior written contract from Proartisphoto. If this contract accompanies an Image or a pre-packaged CD, the terms of this contract cancel those of the license contained in the CD or in the packaged Image.

8. Miscellaneous:

The contracting parties recognize having read and understood this contract, and agree to be bound by all the conditions herewith stipulated.

They acknowledge moreover that this agreement constitutes the entire contract entered into by the parties on this subject and it replaces all previous and current communications. This contract cannot be modified, except by a written agreement signed by duly authorized representatives of Proartisphoto, provided that no purchase order or similar document issued by the client modifies this contract, even when signed by Proartisphoto.

If the delivery of the commitments of Proartisphoto as stipulated in this contract is delayed for an event of force majeure, such as, in particular, a strike, lockout, act of Government, destruction of equipment, insurrection, war or revolution, state measure, flood, fire, explosion or other natural phenomenon, or for any other reason beyond the reasonable control of Proartisphoto, then the date of the service delivery must be postponed in accordance with the delay.

Should a condition of this contract be deemed null or void, the other clauses of the contract will remain valid and enforceable by the parties. It is the wish of the parties that the conditions of this contract be applied in their entirety, within the limits authorized by the applicable laws. Consequently, the parties recognize that if the conditions are deemed to be unenforceable, they will need to be modified so as to become enforceable and such as to represent as far as possible the intentions of the parties to this contract. This contract will enure to the benefit of the parties and will constitute a commitment of the parties, their successors and their beneficiaries, except for the fact that you may not assign or transfer this agreement without the prior agreement in writing from Proartisphoto.

9. This contract is governed by French law. Any disagreement relating to the validity, interpretation, execution or breach of this contract falls within the exclusive jurisdiction of the competent courts under the Paris Court.

This agreement will not be governed by the United Nations Vienna Convention relating to contacts for the international sale of goods, whose applicability is hereby expressly rejected.

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