LICENSE AGREEMENT FOR THE USE OF MOSTPHOTOS.COM
1. INTRODUCTION
1.1. This document contains information destined to govern the use of the service provided by the internet-service MOSTPHOTOS at www.mostphotos.com (herinafter referd to as “THE SITE”), provided by Mostphotos AB, Kopparbergsvägen 8, 722 13 Västerås, Sweden. (Hereinafter referred to as “MOSTPHOTOS”) and the user of the service (hereinafter referred to as “USER”).
1.2. The use of THE SITE is governed by LICENSE AGREEMENT FOR THE USE OF MOSTPHOTOS and MEMBERSHIP AGREEMENT FOR THE USE OF MOSTPHOTOS. In the event of conflict, MEMBERSHIP AGREEMENT FOR THE USE OF MOSTPHOTOS shall prevail.
1.3. By completing a purchase on THE SITE the USER is to be considered a part of this agreement and accepting its terms in its entirety and without limitations.MOSTPHOTOS reserves the right to amend and change this agreement at any time. Information on such amendments will be communicated when possible. It is the responsibility of the USER to stay informed on such amendments or any changes to this agreement or agreements connected therewith.
1.4. All taxes or fees connected with the use of the services on THE SITE is to be covered by the USER.
2. DISCLAIMER
2.1. MOSTPHOTOS provides a service, which facilitates a market place for the exhibition and purchase of photographic and other graphic works, made available by registered members on THE SITE governed and bound by MEMBERSHIP AGREEMENT FOR THE USE OF MOSTPHOTOS (her after referred to as “MEMBER”). The term ”IMAGE” in this agreement covers all types of graphic presentations, regardless of how produced, reproduced and regardless of the technique, for purpose of this agreement and the services provided by MOSTPHOTOS.
2.2. MOSTPHOTOS does not accept any responsibilities connected to the relationship between MEMBER and USER. Mostphotos does not accept neither transactions of any kind between MEMBER and USER nor establishing any consequences of any kind for MOSTPHOTOS. MOSTPHOTOS does not accept any responsibilities relating to, but not limited to, IMAGES offered for sale, its members other material, activities or standpoints or any transactions that might occur between USER and member.
2.3. IMAGES may only be purchased in accordance with the terms of use as stipulated below in provisions 3.1.- 3.4. and 4.1.- 4.3., as “EXCLUSIVE BUYOUT” and “ROYALTY FREE” IMAGES. The copyright stays with the MEMBER unless otherwise negotiated between the parties by means of written agreements.
2.4. USER that purchase and downloads IMAGE understands and accepts all conditions as stipulated, including, but not limited to, any party that acts on behalf of USER or employer.
2.5. IMAGE(S) is/are offered on MOSTPHOTOS “as is” and solely under the conditions as stipulated below. In the event that an IMAGE is purchased without it being established as being Exclusive BUYOUT or Royalty Free, it shall be considered as being governed by conditions valid for an EXCLUSIVE BUYOUT IMAGE and general provisions covering both types of IMAGE(S).
2.6. MOSTPHOTOS is not responsible for any losses resulting from, but not limited to, virus or malfunctions that might be connected to the provided service.
2.7. USER may not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the services provided by MOSTPHOTOS or its MEMBERS in any way.
2.8. In the event of a third parties manipulation, MOSTPHOTOS cannot accept any responsibility related to losses of any kind.
2.9. MOSTPHOTOS cannot be held responsible for IMAGE(S), which does not meet any requirements or expectations of any kind.
2.10. By entering into this agreement USER accepts that it may not hold MOSTPHOTOS or any therewith connected party, physical nor legal person, responsible for any damages, losses, costs, infringements of intellectual property of any kind or any other occurrence or on any other ground.
3. IMAGES offered as EXCLUSIVE BUYOUT
for the duration of the agreement, unless agreed otherwise. The IMAGE may not be advertised, presented or sold to other buyers once the IMAGE has been sold on Mosthotos.com.
3.1. An IMAGE advertised as EXCLUSIVE BUYOUT can only be sold once, The buyer have
exclusive rights to the IMAGE and the photographer waves the right to
sell the IMAGE again. After a transfer of the rights to an IMAGE offered as EXCLUSIVE BUYOUT, MEMBER has limited right to expose the IMAGE in public such as non-commercial exhibits where the rules do not conflict with this LICENSE. The IMAGE may not be advertised, presented or sold to other buyers once the IMAGE has been sold on Mosthotos.com. An exclusive BUYOUT IMAGE cannot be resold by a USER and the photographer will always retain the copyright to the IMAGE and the right to exhibitions and non-commercial use up to five (5) copys. Reselling of any IMAGES purchased on Mostphotos.com is prohibited.
3.2. The EXCLUSIVE BUYOUT IMAGES may only be used for those specified purposes:
- advertising
- promotion
- web designs
- books
- magazines
- pamphlets
- newspapers
- Uses that does not intend to result in the selling of examples.
All deviations from above must be followed by a written permission from the MEMBER.
3.3. USER cannot under any circumstances use the IMAGE(S) or parts of them on examples of items that USER intend to sell, such as, but not limited to:
- web-pages
- web-templates
- use on web-pages for the purpose of marketing of other images, posters and/or other products with prints
- mugs
- t-shirts
- garment
- equipment
- logotypes
- company names
3.4. If USER is unsure if violating the photographers copyrights or this agreement, please contact the photographer and ask before using the IMAGE. All deviations from above must be followed by a written permission from the photographer.
3.5. An EXCLUSIVE BUYOUT IMAGE offered at MOSTPHOTOS may not at the same time be offered for sale in any other circumstance or in any other way.
3.6. MEMBER may set the price of an IMAGE in the category EXCLUSIVE BUYOUT.
3.7. An IMAGE offered as EXCLUSIVE BUYOUT, may not be resold by its buyer, without the consent of MEMBER. MOSTPHOTOS can however not in any way participate or contribute with any kind of support in the event of any dispute.
3.8. An IMAGE offered as EXCLUSIVE may not be altered or in any way modified without a written permission from the photographer.
3.9. An IMAGE offered as EXCLUSIVE may not be
- Licensed
- Resold
3.10. The photographer has the right of reproductions for private, non- commercial use limited to five (5) copies. The photographer holds the right to submit the image to non- commercial exhibitions where the regulations do not conflict with this LICENSE AGREEMENT.
3.11. In the event of a USER being in doubt as to the limitations of use, USER is obliged to contact the MEMBER offering the IMAGE for clarification on the matter before executing any use of the IMAGE.
3.12. In the event of a MEMBER being in doubt as to the limitations of use, MEMBER is obliged to contact the USER of the EXCLUSIVE IMAGE for clarification on the matter before executing any use of the sold EXCLUSIVE IMAGE.
4. IMAGES offered as ROYALTY FREE
4.1. IMAGE(S) offered by the MEMBER to the USER as ROYALTY FREE will be sold for a fixed amount of money and can be used thereafter with the limitations and restrictions noted below. ROYALTY FREE IMAGES can be offered and sold on other places simultaneously as they are offered and sold at MOSTPHOTOS. The IMAGES can be used and reused in
- advertising
- promotion
- web designs
- books
- magazines
- pamphlets
- newspapers.
4.2. USER cannot use IMAGE(S) or parts of them on examples of items intended for sale, such as, but not limited to:
- web-pages
- web-templates
- use on web-pages for the purpose of marketing of other images, posters and/or other products with prints
- mugs
- t-shirts
- garment
- equipment
- logotypes
- company names
If USER is unsure whether violating the photographers copyrights or this agreement, please contact the photographer and ask before using the IMAGE. All deviations from above must be followed by a written permission from the photographer.
4.3. MEMBER transfers the right of setting the price to MOSTPHOTOS for IMAGES in the ROYALTY FREE category.
4.4. ROYALTY FREE IMAGES may by the MEMBER at the same time be offered for sale in any other circumstance and in any other way.
4.5. In the event of a USER being in doubt as to the limitations, USER is urged to contact the MEMBER offering the IMAGE for clarification on the matter before executing an intented use.
5. Restrictions and Limitations
5.1. It is not allowed to use the IMAGE in pornographic, racist, immoral, offensive or any other way that could inflict harm to the IMAGE(S) or MOSTPHOTOS. By doing so, willingly or non willingly, it may cause probability for prosecution according to national and international laws. If uncertain whether a certain use is violating the rightholders copyrights or moral rights, the rightholder shall be contacted for permission in writing before using the IMAGE.
5.2. It is not allowed to resell any IMAGES purchased on MOSTPHOTOS. The IMAGE(S) can be used in advertising, promotion, web designs, books, magazines, pamphlets,
newspapers and other things that are not intended for sale. All deviations from above must be followed by a written permission from the rightholder.
5.3. In the event of an IMAGE not being available for download and the reason is outside the control of MOSTPHOTOS, MOSTPHOTOS does not accept any kind of liability damage, remuneration or in any other way.
5.4. Any IMAGE may not be presented in such a way that it is available for intentional download by any means.
5.5. Information regarding copyright may not be removed from any IMAGE. If not stated, the USER must respect the right of paternity, if not evidently inappropriate. This include the right for the rightholder to be anonymous.
5.6. Any IMAGE may be adjusted what regards color, tone, brightness, definition, contrast and other graphic parameters as the USER find appropriate with regards the intended use of the IMAGE. Any IMAGE may also be enlarged, cropped, cut, retouched, composed, combined and modified in any manner and by any means that the USER find appropriate with regards to the intended use of the IMAGE. The rightholder retain the right to prevent changes or modifications to the IMAGE if such changes or modifications would prejudice the honour or reputation of the rightholder, not simply by disagreement.
6. Duration and Termination
6.1. This agreement shall be considered in effect, from acceptance by USER until terminated by either party.
6.2. MOSTPHOTOS may terminate this agreement in the event of USER being in breach of the provisions of this agreement and, moreover, for any reason, without having to state its reasons therefor.
7. Dispute resolution and choice of law
7.1. MOSTPHOTOS claims the right to alter or modify the content of this agreement regarding USERS use of the provided service, however not without a prior communication. Every USER is obliged to make itself aware of its content.
7.2. In the event of any of these agreements provisions should be deemed un-enforceable; those provisions shall be substituted with provisions of similar substance, without affecting the agreement in its entirety.
7.3. Any and all disputes arising out, under or in connection with this agreement, including, without limitation, its validity, interpretation, performance and breach, shall be finally settled according to the Swedish Law, conducted in the Swedish language, at the district court of Västmanland, Sweden. If the parties so agree, an out of court settlement shall first be sought.