Лицензия DollarPhotoClub на данный момент (для истории)
Dollar Photo Club
(a) Notwithstanding anything to the contrary contained herein, the sublicense granted by Dollar Photo Club shall only be granted in respect of a Work which was properly downloaded by the Member in accordance with the applicable terms; and, for the avoidance of doubt, there are no rights or licenses granted by Dollar Photo Club hereunder in respect of any Work which is not properly downloaded by the Member.
(b) The following definitions shall apply herein:
“Claim”: Any actual or threatened lawsuit, claim or legal proceeding.
“Copyright Notice”: A notice which is placed adjacent to the Work indicating the copyright of such Work, in the following format: "© [Photographer's name] / Dollar Photo Club”
“Social-Media Enabled Works”: Works which are clearly designated or marked on Dollar Photo Club’s website as being “Social-Media Enabled”, in which a Copyright Notice is visibly embedded onto the Work, and which comply with the size restrictions set forth on Dollar Photo Club’s website.
“Social Media Websites and Applications”: A website or technological application which has a primary focus on facilitating social interaction among its users and allowing users to generate, share, exchange and/or modify content in connection with such social interaction.
“Paid-for Work”: Any Work downloaded from Dollar Photo Club’s website, apart from any Work which has been downloaded by the Member without payment of monetary compensation.
All capitalized terms not defined herein shall have the meanings given them in Dollar Photo Club’s Terms and Conditions of Use (as appearing on Dollar Photo Club’s website), and such Terms and Conditions of Use shall govern this license.
(c) Subject to the terms and conditions of this Agreement, Dollar Photo Club hereby grants to the Member a non-exclusive, royalty-free, perpetual, worldwide, non-transferable sublicense to use, reproduce, modify and/or display the Work, for any purpose other than as prohibited hereunder. By way of example, the above license may include the use, modification and/or display of the Work in connection with the following:
- Business and commercial purposes;
- Educational uses;
- Personal uses;
- Websites or blogs;
- Print and digital media, such as books, e-books, newspapers, magazines and newsletters;
- Editorial purposes;
- Electronic publications;
- Multimedia presentations;
- Promotional posters, greeting cards and post cards;
- Digital and web-based advertising, including web-banners;
- Packaging, wrappers and labels;
- Promotional and decorative purposes;
- Display in an office, store, restaurant, shopping mall or other place of business;
- For use and display in both private and public spaces;
- Business cards, letterhead and stationary;
- Billboards and signage;
- Printed items;
- Computer programs and applications;
- Marketing materials, which may be delivered via post, email, fax, or otherwise, and/or which may be displayed at “point of sale” locations;
- Cover art for DVDs, CDs and books and ebooks;
- For use in trade show booths and at sales conferences;
- Movies, films, videos, television programs and theater;
- For incorporation into other works of authorship; and
- Any other permitted purpose, including the right to publically display, broadcast, stream and perform the same and including the right to modify the Work.
All uses (including the above examples) shall be conducted in conformity with the terms and conditions herein and subject to the restrictions set forth in Section 2 below.
(e) The Member may utilize its rights hereunder on behalf of one (1) of its clients. For example, if the Member is a graphic designer, then it may create an advertisement with the Work, where such advertisement will be used by the graphic designer’s client; and if the Member is a procurement agency, then it may obtain a license on behalf of its client. Accordingly, such client shall possess all the rights, restrictions and obligations under this Agreement in relation to the Work, but without the right to further allow any additional client of its own to so use the Work. If the Member desires to use the Work on behalf of more than one (1) client, then the Member will need to download and pay for additional license(s) to the same Work. The permissions granted under this subsection 1(e) require that the client has agreed to the terms of this Agreement, and that both the client and Member shall remain jointly and severally liable for any act or omission committed by either of the client and the Member in connection with this Agreement.
(f) The Member shall have the right to transfer files containing the Work or permitted derivative works to employees, or have the Work reproduced by subcontractors, provided that such employees and subcontractors are acting only on the Member’s behalf, and provided that they agree to abide by the restrictions of this Agreement. In the normal course of workflow, the Member may also convey to a third party (such as a printer) temporary copies of the Work that are integral to the work product and without which the work product could not be completed. Third parties, employees and subcontractors shall have no further or additional rights to use the Work and may not access or extract it from any other file provided. The Member may create a digital library, network configuration or similar arrangement to allow the Work to be viewed by their employees, partners and clients.
(g) In the event that any Work may become subject to a Claim for any reason, then Dollar Photo Club reserves the right to instruct the Member to cease all use, distribution and possession of such Work, and the Member must promptly comply with such instructions at its own expense.
(a) No resale: The Member shall have no right to sell or otherwise distribute the Work or any reproductions thereof to any third parties, whether alone or incorporated or together with or onto any item of merchandise or other work of authorship, in any media or format now or hereafter known, unless: (i) the Work has been modified to the extent that it is no longer substantially similar to the original Work, provided however that the modification must be sufficient enough to qualify as an original work of authorship; and/or (ii) the primary value of the item being sold or distributed does not lie with the Work(s) themselves. For greater clarity, it is noted that reproducing the unmodified Work on mugs, t-shirts, posters, or other similar merchandise for resale is not permitted, as primary value would still lie in the Work itself.
(b) Resolution: When displaying the Work in a website, the Member must limit the resolution of the Work to no greater than 2,000 x 2,000 pixels (regardless of the resolution of the Work available for downloading from the Dollar Photo Club website).
(c) General restrictions: The Member acknowledges, agrees and warrants that he or she shall not:
- sublicense, sell, assign, convey or transfer any of its rights under this Agreement.
- Sell, license or distribute the Work or any modified Work as stand-alone files or as part of an online database or any other database, or any derivative product containing the Work in such way that would allow a third party to download, extract or access the Image as a stand-alone file; provided however that such prohibition shall not prohibit the uploading/posting to Social Media Websites and Applications to the extent permitted in Section 1(d) above.
- share the Work with any other person or entity except as expressly permitted under this Agreement;
- post the Work online in downloadable format; provided however that such prohibition shall not prohibit the uploading/posting to Social Media Websites and Applications to the extent permitted in Section 1(d) above.
- Include the Work in any electronic template or application, including those that are web based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to website design, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter;
- use, reproduce, distribute or display the Work in connection with design template applications intended for resale;
- use, reproduce, distribute or display the Work in connection with any goods or services intended for resale or distribution which primary value lies in the work itself, including, without limitation, mugs, t-shirts, greeting cards, posters or other merchandise, and any of the foregoing in "print on demand" or tangible or electronic formats, as applicable;
- use, reproduce, distribute or display the Work (including, without limitation, by itself or in combination with any other work of authorship) in any manner that is libelous or slanderous or otherwise defamatory, obscene or indecent;
- remove any notice of copyright, trademark or other intellectual property right, or other information that may appear on, embedded in, or in connection with the Work in its original downloaded form, it being understood that the Member shall reproduce any and all such notices in any backup copy of the file comprising the Work that the Member makes;
- incorporate the Work into a logo, trademark or service mark;
- take any action in connection with the Work that violates any law, regulation or statute in an applicable jurisdiction;
- Use the Work in an editorial manner, without a Copyright Notice; provided however that if such Copyright Notice is not required under applicable law for use in a particular situation, AND if it would not be customary to include such Copyright Notice in such particular situation, then the Copyright Notice will not be necessary for use in such particular situation only;
- take any action in connection with the Work that violates or infringes the intellectual property or other rights of any person or entity, including, without limitation, the moral rights of the creator of the Work and the rights of any person who, or any person whose property, appears in the Work;
- take any action in connection with the Work that would reasonably imply that the creator of the Work, or the persons or property appearing in the Work (if any), endorse any political, economic or other opinion-based movements or parties.
- use the Work in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive - this includes, but is not limited to:
- (1) the use of Images in pornography;
- (2) tobacco ads;
- (3) uses in connection with adult entertainment clubs or similar venues, or escort or similar services;
- (4) political endorsements;
- (5) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.
3. Ownership and Retention of Rights
The Member acknowledges and agrees that Dollar Photo Club and/or its licensor retains all rights, title and interest in and to the Work (except for the rights granted pursuant to this Agreement), and that neither title nor any ownership interest in or to the Work is transferred to the Member by virtue of this Agreement. This Agreement does not effectuate any sale of the Work. Except for the rights specifically sublicensed under this Agreement, the Member shall not have any right, title or interest in or to, and in any event shall have no ownership of, the Work, including any copyright and other intellectual property rights.
4. Limitations and Disclaimer
The Member agrees that neither Dollar Photo Club nor its affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than the Member), shall be liable for any incidental, indirect or consequential damages arising from any use or non-use of the Work, even if such parties have been advised, or advised of the possibility, of such damages.
THE WORK IS PROVIDED "AS IS" AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Limited Warranty
(a) Subject to the terms and conditions contained in this Agreement, including without limitation the provisions relating to limitation of liability in this Section 5, Dollar Photo Club hereby represents and warrants that the utilization by the Member of an unaltered Paid-for Work pursuant to the terms of this Agreement shall not infringe or violate the intellectual property rights, publicity rights or privacy rights of any third party, and that all necessary model and property releases have been properly obtained in respect of such unaltered Paid-for Work.
(b) Subject to subsections (c), (d) and (e) below, Dollar Photo Club agrees to indemnify, defend and hold harmless the Member from and against all damages, liabilities and expenses (including reasonable attorney fees) arising directly from any Claim commenced by a third party against the Member, where such Claim alleges that the Member’s utilization of the unaltered Paid-for Work pursuant to the terms of this Agreement is in breach of the representations and warranties set forth in subsection (a) above; conditioned upon and provided that the Member gives Dollar Photo Club (i) prompt written notice of any threatened Claim known to the Member or any suit or proceeding actually initiated against the Member, (ii) full information, assistance and cooperation for the defense or settlement thereof, and (iii) at Dollar Photo Club’s option, sole control of any defense, settlement or action related thereto; and further provided that the use and/or distribution by the Member of the unaltered Paid-for Work has been at all times in accordance with the terms and conditions of this Agreement and that the Member is not otherwise in breach of this Agreement. For clarity, Dollar Photo Club shall not be responsible for any Claim settled without Dollar Photo Club’s consent.
(c) Dollar Photo Club shall have no liability for, and Dollar Photo Club’s obligations under subsection (b) above shall not apply to: (i) any damages, liabilities or expenses incurred by the Member prior to its notification of the Claim to Dollar Photo Club; and/or (ii) any Claim based on or arising out of: (1) the modification by the Member of the Paid-for Work; (2) the combination of the Paid-for Work with any other work(s); and/or (3) the context in which the Paid-for Work has been used by the Member.
(d) Notwithstanding anything to the contrary contained in this Agreement or in any other agreement between Dollar Photo Club and the Member, the total maximum aggregate liability of Dollar Photo Club with respect to any Paid-for Work downloaded or licensed by the Member shall in no event exceed US$10,000 (ten thousand US dollars) per Paid-for Work, irrespective of the number of times the Paid-for Work is downloaded or licensed. Dollar Photo Club shall not be liable under this Section 5 in respect of any Work which is not a Paid-for Work.
(e) The foregoing states the entire liability and obligation of Dollar Photo Club, and the sole and exclusive remedy of the Member, with respect to any breach of the representations and warranties contained in subsection (a) above.