LICENSING AGREEMENTLast updated on 11/12/13
Dear EraPhoto.com Customer,
The following is a legal agreement between you, further referred as "Licensee", and Graphic Design Group Era, further referred as "Licensor". Please, read carefully before purchasing and downloading any content from this site. By downloading any content, further referred as "the Authored Work", you agree to be bound by this agreement.
Graphic Design Group Era reserves right to change the terms of this agreement at any time and you agree to be bound by such changes.
1. GRANT OF LICENSE
Licensor owns all images (vectors, illustrations and photo images) available for sale on this site. In accordance with this Agreement, Licensor grants Licensee, who purchased any content, a non-exclusive, non-transferable, worldwide, perpetual, right to use, modify, and reproduce the Authored Work in the following ways, subject to the limitations set forth herein and in paragraph 5 hereof.
2. ALLOWED USES
- a) On websites;
- b) In print media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile "apps"), and opt-in e-mail marketing, provided that no Image is reproduced more than three hundred thousand (300,000) times in the aggregate, and that the Images cannot be readily unincorporated from such digital media or software;
- c) Incorporated into film, video, multimedia presentations, or advertising for broadcast, public performance, or streaming provided that the intended audience consists of fewer than three hundred thousand (300,000) viewers, in the aggregate;
- d) Incorporated into print or digital material intended for public display, including trade show booths or point of sale materials, excluding so-called Out of Home advertising, provided that the intended audience consists of fewer than three hundred thousand (300,000) viewers in the aggregate;
- e) For decorative purposes solely for your own personal, non-commercial use, not for resale, download or distribution, or any other commercial use
- a) On web sites;
- b) In printed media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile "apps"), and opt-in e-mail marketing, provided that the Image(s) cannot be readily unincorporated from such digital media;
- c) Incorporated into film, video, multimedia presentations, or advertising for broadcast, public performance, streaming;
- d) Incorporated into printed or digital material intended for public display, including trade show booths, point of sale materials, and so-called Out of Home advertising;
- e) As printed reproductions solely for your own personal use, not for resale, download or distribution, including as wall art and wallpaper;
- f) Incorporated into merchandise for resale or distribution, without regard to the size of the manufacturing or duplication run of such merchandise (including downloads), including, without limitation, computers, computer peripherals, clothing, artwork, magnets, posters, and online and paper greeting cards, provided that such merchandise: a) combines words and an Image or Images; or b) the Image is not the primary factor driving the sale of such merchandise.
3. In the event that you create a derivative work based on or incorporating the Authored Work, all rights in and to such Images shall continue to be owned by Licensor, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
4. All other rights are expressly reserved for Licensor.
- a) You may not under any circumstances use the Authored Work in connection with any illegal, obscene, slanderous, immoral, or pornographic material.
- b) You may not use the Authored Work in a way that would make people assume that the person(s) depicted on the Authored Work is/are endorsing a certain product or a service.
- c) You may not use the Authored Work as part of a business name, trademark, service mark or logo.
- d) You may not use the Authored Work for print-on-demand products (t-shirts, mugs, etc.)
- e) You may not distribute, share, sell, or give away any of our the Authored Work at any time for any reason whatsoever.
- f) You may not use any download software, internet accelerators, or other similar software or automated programs to access or download the Authored Work from our website at any time.
- g) You may not allow or authorize any third party to use the Authored Work for any purpose at any time or resell, sublicense, or otherwise make available the Authored Work for use or distribution separately or detached from a product or Web page.
Licensor warrants that the Authored Work available from EraPhoto.com is original art and created from scratch by Licensor's team.
EraPhoto.com and the Authored Work are made available to you "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS". Licensor, its employees, directors, and officers and anyone else associated with Licensor makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Licensor further makes no representation or warranty that your usage of EraPhoto.com will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access EraPhoto.com, you do so at your own risk.
Licensor, its employees, directors, and officers, or anyone else associated with Licensor shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Authored Work. Licensor, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by Licensee for accessing or using EraPhoto.com, and for accessing, acquiring, and/or using the Authored Work from EraPhoto.com.
All disputes under this Agreement that cannot be resolved by the parties shall be submitted to a mediator mutually chosen by the parties before any court proceedings are undertaken.
8. 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 Licensor for any breaches of the terms of this Agreement.