This Agreement governs the terms by which members of Editable Photos obtain the right to use stock photographic, illustrations and other media content provided by members of the Editable Photos community through the web site located at www.editablephotos.com (the “Site”). This Royalty-Free license is in addition to the Terms of Service that all persons providing content to or downloading content from the Site have previously entered into. In the event of any inconsistency between this Agreement, the Terms of Service, the terms of this Agreement shall govern.
We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Editable Photos or the supplier of the Content, as the case may be.
Permitted Royalty-free License Use
1. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
2. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
3. on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration Content or to a maximum of 640x480 for video Content;
4. prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution; and
5. any other uses approved in writing by Editable Photos.
Prohibited Royalty-Free license Uses
You may not use the Content in any way that is not expressly permitted or permitted by an Extended license agreement. You are prohibited from using the Content in the following ways.
1. The Content may not be used for resale, whether online or not
2. Displayed on venues designed to generate sales
3. To sell “on-demand” products such as t-shirts, greeting cards etc.
4. Incorporated fully or partially into a logo, trademark etc
5. Incorporated into a product that results in re-distribution or re-use of the content e.g. e-cards, tutorials, DVDs etc
6. Use or display the content in an electronic format that enables it to be downloaded or distributed via mobile device or shared in any peer-to-peer or similar file sharing software.
7. Depicts a model or person as endorsing a product or service.
8. Is used in a way that is considered under applicable law as pornographic, obscene, immoral, infringing, defamatory or libelous in nature.
You agree to notify Editable Photos in the event that you or persons affiliate with you have reproduced the content more than 500,000 times without obtaining an extended license. Notice of such reproduction must be sent to Editable Photos each and every month and the charge and Editable Photos shall bill you for the fees associated with such use.
Licensee shall pay to Editable Photos the license fees set forth in the Pricing Credit Guidelines page for Content that the licensee licenses under the terms of this Agreement. Licensee understands that pricing are subject to change without prior notification.
Licensees will be responsible for, and will indemnify and hold Editable Photos harmless from, payment all taxes and other governmental charges, and any related penalties and interest, arising from the payment to Editable Photos under this agreement.
1. Licensee may not delete or obscure any copyright, trademark or other proprietary notice on the Content.
2. Except as expressly permitted by applicable law or this Agreement, Licensee may not decompile, modify, reverse engineer, disassemble or otherwise reproduce the Content. Licensee may not circumvent any encrypted data protections or gain access to data that is not licensed.
3. Licensee may make make and maintain one copy of the Content for backup and archival purposes. Licensee may not backup or archive copy of the Content for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
4. Licensee may install and use the Content on a single computer. Licensee may not place a copy of the Content on a network server or web server for use by other users. Licensee may transfer files containing Content to its clients, printers, or ISP for the purpose of facilitating the Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file Licensee provides.
This Agreement is effective until terminated. Licensee may terminate this Agreement at any time by destroying the Content. This Agreement will terminate automatically without notice from Editable Photos if Licensee fails to comply with any provision of this Agreement or Terms of Service
on Editable Photos website. Upon notice of termination, Licensee agrees to promptly destroy all of its copies of the Content and confirm to Editable Photos in writing of such destruction. All provisions of this Agreement as to warranties, limitation of liability, remedies and damages will survive termination. The parties agree to waive any provisions, procedures and the operation of any legislation to the extent that a court order or approval is required to terminate this Agreement.
Limitation of Liability
Member acknowledges that Editable Photos shall not have any liability for any action taken with respect to the use of content. To the fullest extent permitted by applicable law, including but not limited to, negligence, Editable Photos shall not be liable to Member for any indirect, incidental, special or consequential damages, including, without limitation, damages or loss of business, lost profits, business interruption, loss of business information, or any other pecuniary loss, even if Editable Photos has been advised of the possibility of such damages. Member specifically agrees that Editable Photos is not responsible or liable to Member or anyone else for any threatening, defamatory, obscene, offensive or illegal conduct or speech of any other party or any infringement or violation of another's rights, including intellectual property rights, rights of publicity, or rights of privacy.
Member shall indemnify, defend and hold harmless Editable Photos, its officers, directors, employees, partners, associates, affiliates, joint venturers, agents and representatives, from any and all claims based on allegations which, if true, would constitute a breach of any of the foregoing warranties. The indemnity shall apply to any and all liabilities, losses, damages, expenses (including attorneys' fees and costs) and damages incurred by Editable Photos as a result of such breach or breaches. Editable Photos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to the foregoing indemnification, without affecting Member's indemnity obligations.
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect these TOS. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
In cases where the Royalty-free license is amended by the terms of the Extended License, all other terms and conditions of the license remain in full force and effect.
All images purchased with an Extended License are available for unlimited reproduction.
You will need an Extended license if you want to use an Editable Photos image:
- on any project where the image is the central focus of the product or service and not intended for personal use.
- on any project that is intended for re-sale
- on any project that is intended for distribution or redistribution
- for any other purposes outside of our Royalty-free License