Dear Cutout factory Customer:
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”)
By entering into this agreement, you verify that your country of residence is the same as your billing address.
“Image(s)” means photographs and the like available for license from the Cutoutfactory website.
The following Terms of Service (“TOS”) constitutes an agreement between Customer and Cutoutfactory setting forth the rights and obligations with respect to any images licensed by you. By agreeing to the TOS, you agree that these terms control your rights and obligations with respect to all Images licenses set forth herein, notwithstanding the subscription or license you may be purchasing today. Please revisit these TOS when you purchase any Images.
THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE Images.
Part I Images Licenses
- Image Licenses
- Restrictions on Use of Images
- Credit and copyright notices.
Part II Warranties and Representations
Part III Indemnification and Liability
Part I Images Licenses
Cutoutfactory hereby grants you a non-exclusive, non-transferable right to use, modify and reproduce Images worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
- A STANDARD IMAGE LICENSE grants you the right to use Images:
- As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);
- Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 250,000 times in the aggregate;
- As part of an “Out-of-Home” advertising campaign, provided the intended audience for such campaign is less than 250,000 gross impressions.
- Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a “Production”), without regard to audience size, provided the budget for any such Production does not exceed € 10,000;
- For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).
- AN ENHANCED IMAGE LICENSE grants you the right to use Images:
- In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
- Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
- In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
- Incorporated as elements of digital templates for sale or distribution.
RESTRICTIONS ON USE OF IMAGES YOU MAY NOT:
- Use Images other than as expressly provided by the license you purchased with respect to such Images.
- Portray any person depicted in Images (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
iii. Use any Images in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
- Resell, redistribute, provide access to, share or transfer any Images except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
- Use Images in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- Use any Images (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
vii. Falsely represent, expressly or by way of reasonable implication, that any Images was created by you or a person other than the copyright holder(s) of that Images.
CREDIT AND COPYRIGHT NOTICES
- If and where commercially reasonable, the use of Images in Merchandise or a Production shall be accompanied by a credit to Cutoutfactory in substantially the following form:”Image(s) used under license from cutoutfactory.com”
- Credit attributions are not required in connection with any other use of Images unless another stock content provided is afforded credit in connection with the same use.
iii. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
PART II WARRANTIES AND REPRESENTATIONS
- Cutoutfactory warrants and represents that:
- Coutoutfactory members have all the image rights of each image.
- Images in its original unaltered form and used in full compliance with these TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) violate any Spain law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
- While Cutoutfactory makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, CUTOUTFACTORY MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS. For the sake of clarity, Cutoutfactory will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Images designated Editorial Use Only.
- CUTOUTFACTORY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.
PART III Indemnification and Liability:
Cutoutfactory shall not be liable for any damages, costs or losses arising as a result of modifications made to the Images or due to the context in which the Images is used by you.
- You will indemnify and hold Cutoutfactory, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Images other than the uses expressly permitted by these TOS. You further agree to indemnify Cutoutfactory for all costs and expenses that Cutoutfactory incurs in the event that you breach any of the terms of this or any other agreement with Cutoutfactory.