PART I – LIMITED LICENSE
1. All Images by Semmick Photo are protected by United States and international copyright laws and treaties. Semmick Photo owns all rights, including the copyrights in and to the Images. Semmick Photo 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 Semmick Photo for your use of the Images. If you fail to make any payment to Semmick Photo when due, or if any check is dishonoured or credit card charge refused or charged back, this image licence will instantaneously and automatically be revoked. Provided that you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and Semmick Photo), you have the right to use the purchased Image, subject however, to the terms of this agreement.
2. By this Agreement, and in consideration of payment of the total agreed price, the sufficiency of which is hereby acknowledged, Semmick Photo 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 Semmick Photo, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
4. All rights in the Images not expressly granted herein are reserved by Semmick Photo for itself .
PART II – RESTRICTIONS – YOU MAY NOT:
5. Use an Image other than as specified in PART I.
6. Except as expressly provided in Part I hereof, directly or indirectly copy or reproduce any Image (in whole or in part) more than two hundred fifty thousand (250,000) times. Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic or any other medium unless expressly permitted by this agreement.
7. Use or display any Image on websites or in connection with any service designed to sell or induce sales of “print on demand” products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items, this includes custom designed websites as well as sites such as Cafe Press (i.e. www.cafepress.com) or Zazzle (i.e. www.zazzle.com) etc. etc.
8. Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property rights.
9. 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; 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 or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
10. Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels, except in editorial or preliminary design work, will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
11. Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
12. Use Semmick Photo Images in a manner that competes with Semmick Photo’s 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, and/or offering Semmick Photo Images for sale or resale.
13. Withhold a credit attribution or fail to provide a copyright notice required by paragraph 27 of these TOS, except with an advance written waiver of that requirement from Semmick Photo in each instance. Each waiver issued by Semmick Photo will specify the Image name(s) or number(s) and the usage and is applicable only to the specified Image(s) and usage(s). Do not assume that you have or will receive a waiver for a proposed future use because you received a waiver in the past for a similar use.
14. Use an Image marked “Editorial Use Only” for commercial purposes. If an Image is marked, “Editorial Use Only”, additional permissions may be required for commercial use. Semmick Photo does not provide such permissions.
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. Represent yourself as an agent, employee, designee, or affiliate of Semmick Photo for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
18. Use automated programs, applets, bots or the like to access the Semmick Photo.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content of the website.
19. You may not create a digital or print greeting card line based on Semmick Photos images – or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. You may not sell or distribute items (e.g., mouse pads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images. If you wish to use an Image or Images in connection with the production of any items prohibited by this Standard License, you may purchase an Enhanced License, which provides a broader grant of rights. You can contact Semmick Photo via email at info [@] semmickphoto [dot] com to purchase the Enhanced License for Semmick Photo images or request a copy of the Enhanced Licence to determine if such licence will cover the use of the image(s).
PART III – MISCELLANEOUS
20. Semmick Photo shall be under no obligation to refund your payment under any circumstances. However, in the event that Semmick Photo determines that you are entitled to a refund of all or part of your payment, such refund shall only be made to the PayPal account or Bank account originally used by you to purchase your image(s).
21. “Non-transferable” as used herein means that except as specifically provided in these TOS, 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. If you become aware of any unauthorized duplication of any Semmick Photo Image(s) please notify Semmick Photo via email at info [@] semmickphoto [dot] com.
22. If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the Semmick Photo Image name or number as well as the date or dates on which the Images were used. You shall deliver copies of such records to Semmick Photo at Semmick Photo’s request.
23. Semmick Photo warrants and represents that:
a) Unaltered Images do not and will not: (i) be defamatory or libellous; or (ii) be pornographic or obscene.
24. Notwithstanding anything to the contrary contained herein, Semmick Photo 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.
25. If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this Standard License agreement, please contact Semmick Photo via email at info [@] semmickphoto [dot] com.
26. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Semmick Photo for any breaches of the terms of this agreement.
27. Credit Attributions and Copyright Notices
a) Though Semmick Photo requires the following credit attributions and copyright notices, Semmick Photo may waive such requirements on a case by case basis. If you have any questions regarding credit attributions and copyright notices or to request that Semmick Photo grant you a waiver of such requirements, please contact Semmick Photo. No waiver of such requirements shall be effective unless confirmed in an email or other writing from Semmick Photo to you.
b) You shall accord credit and provide a copyright attribution to Semmick Photo in connection with the use of any Image in a book, magazine, e-zine or newspaper. Such credit and attribution shall be in substantially the following form:
“Image Copyright Semmick Photo”.
c) Notwithstanding the foregoing, in the event that the Image is used in connection with merchandise, or a film, television broadcast, documentary or other video or multimedia projector presentation, you shall use reasonable commercial efforts to accord Semmick Photo a credit in substantially the following form:
“Image(s) used under license from Semmick Photo 2013”.
d) All credits shall appear on the copyright page or in the copyright section of the work into which the Image is incorporated. If there is no copyright page or section, the notice and credit may be located anyplace on the work. In all cases the credit and attribution shall be of such size, colour and prominence so as to be clearly and easily readable by the unaided eye.
This EULA was last updated by Semmick Photo on July 31, 2013 at 17:47