The Content License Agreement governs the terms by which you may use stock photographs, illustrations, animations and other content that is otherwise made available by the website.
Background of Agreement
- By checking the box at the end of this Agreement and selecting ‘I Agree’ or signifying your acceptance by any other means, you accept this Agreement and agree to abide by its provisions.
If you are accepting the Terms of Agreement on behalf of your employer, a client or other entity that holds the member account, you represent and warrant that you full legal authority to abide by your employer, client or such other entity.
Additionally, if you do not have such authority, or you do not agree or accept these terms, click on ‘I do not agree’.
- The ‘You’ in this agreement refer to you (as an individual) or you as a representative of your client, employer or member account entity. “Content” refers to any photographic image or any illustration generated optically, digitally or by any other means or in any media or other material that is being downloaded from the website, along with any accompanying material.
- The Agreement is set up as a user determined document where they will have to select between our ‘Royalty Free Content License” which is the “Standard License” or an “Extended License” where a single or multiple restrictions of the Standard License are amended for the proposed use of the content.
In case ‘Extended License’ is not an option for the Content you have provided, your ‘Download of Content’ will be subject to the ‘Standard License’.
Permitted Use of Content
FudPix hereby grants you a perpetual, non exclusive, non sub licensable, non transferable right to use, display, alter, publish and manipulate in an infinite number of projects, either in whole or part, through any medium and through whatever means, the Content for any purpose (permitted use). All other rights in and to the Content, including the copyright and intellectual rights relating to the Content are retained by FudPix or the provider of the Content, whatever the case may be.
Only ‘You’ as a permitted user are allowed to use the Content, even though you are permitted to transfer files that contain Content or Permitted Derivative Works to your clients, for the purpose of reproduction for Permitted uses, provided that these parties shall have no additional rights to use the content. You can download the Content only on a single electronic device at a time. The Content and its archives may be transferred from one electronic device to another, in which case you may have to use the Content at the new electronic device instead. In case you require the Content to be in more than one system or electronic device or accessible by more than one person, you are required to acquire the license for each such use or apply for an ‘Extended License’ for ‘Backup purposes’ , however, you are required to reproduce all the proprietary notices on the backup copy as well.
Prohibited Use of the Content
- The content cannot be used in any digital or electronic template applications that are aimed at resale or distribution, whether online or offline, including without limitation, website templates, flash templates, business card templates or others
- The content cannot be displayed or used on websites or venues that are designed to persuade sale involving the sale license or other distribution of ‘on demand’ products such as products in which a third party selects the content for customization of such products on a made to order basis, without limitation postcards, mugs, t shirts, or other items.
- The content is prohibited to be used in connection with any services or goods that are aimed at distribution or resale where the primary value lies in the content itself which includes without limitation stationary items, cards, colanders, postcards, apparel and other items intended at resale, license or other distribution for profit.
- The content or its part cannot be used as a part of a design mark, trade mark, logo, service mark, or business name.
- The content cannot be incorporated in any product that may result in a reuse or redistribution of the content such as electronic greeting card websites or web templates or is otherwise made available in a manner such that an individual can access, reproduce or extract the content in the form of an electronic file
- The content cannot be used in a manner that is regarded by Fud Pix (acting reasonably) as or under applicable law is taken as pornographic, immoral, defamatory, obscene, infringing or libelous in nature or that would be reasonably likely to bring any person or property reflected in the content into disrepute,
- In case any content features a property or model that is used in connection with a subject that would be unduly controversial to an individual, you are required to accompany such used along with a statement adjacent to the content that may indicate that;
- You are using the content for illustrative purposes only;
- Any individual (if any) depicted in the content is used as a model, unless the content clearly reflects the individual being used is such potentially sensitive manner in which case the content may be displayed or used in a way that depicts the model or the individual in the same context and to the same extent as portrayed In the content
- You are prohibited to use the content to the point that the source code is restricted within the content, reverse engineer, disassemble or decompile any part of such source code.
- You may not modify or remove any trademark, copyright or other proprietary rights or any other copyright management information or Meta data from the content.
- You are prohibited to resell, sub license, gift, lend or otherwise distribute or transfer the content or the rights that are granted under the agreement.
- Installation and use of the content in multiple locations at a time or posting a copy of the content on a network server for use by other users is prohibited.
- Users are prohibited to display or use the content in an electronic format that may enable it to be shared or downloaded in any file sharing arrangement.
- You are prohibited to use content that is marked as ‘editorial use only’ for any promotional, commercial, advertising or merchandising. For the purpose of clarification, ‘editorial use only’ refers to the content use relating to events that are of general interest or newsworthy and specifically excludes any advertorial sections which may include supplements or sections featuring a brand or product names, supplements r sections in relation to which you are required to receive a fee from a sponsor or a third party advisor.
- You are prohibited to use the content for editorial purposes without including the following credit adjustment to the content or in any audio or visual production credits: © FudPix.com/Artist’s name/Member name.
- If the content is reproduced on a social media platform or a third party website,
- If the rights granted herein shall be automatically revoked in case the platform website seeks to exploit the alleged rights to the content contrary to the terms and conditions of this Agreement, and
- In such case, upon FudPix’s request, you shall remove any content used as described above.
Terms of Agreement
- The Agreement shall remain effective until it is terminated. It may be terminated if the content or any permitted derivative works along with any copies or archives of it or accompanying materials are destroyed or the user ceases to use the content for any purposes.The Agreement can also be terminated without any prior notice from FudPix ;
- If the content was licensed under a subscription and you failed to use it prior to a date which is 30 days from the end of your subscription as set out in the invoice provided to you following the purchase of your subscription, or
- If you fail to comply with any of the terms of this Agreement at any time
Once the Agreement has been terminated, you should immediately cease using the content for any purpose what so ever; destroy or delete all archives and copies or accompanying materials and confirm to FoodPix upon request in writing that you have complied with these requirements.
- FudPix enjoys the right to revoke or amend the license that is granted by its Agreement and replace the Content with an alternative for any reason what so ever. When served with a notice, sent to the contact information that is provided by you for your member account, or any other address that you may advise us in writing to use, from time to time of such replacement, the license for the replaced content terminates immediately for any products that do not already exist and your license automatically applies to the replacement content.
You provide your consent to use the replaced content, or any permitted derivative works for future products and to take reasonable steps to discontinue the use of replaced content, or any permitted derivative works, in products that exist already.
- Upon notice from FudPix, or upon knowledge that any content is subject to a threatened, potential or actual claim of infringement of another individual’s right for which FudPix may be liable, you should immediately and at your own expense;
- Stop using the content
- Remove or delete the content from your storage or computer systems
- Make sure that your clients, ISPs or printers do likewise. FudPix will provide you with replacement Content that shall be determined by FudPix in its reasonable commercial judgment, free of charge, but subject to other terms and conditions of the Agreement.