Exclusive - 'Unlimited License'

Here at Photography4u we make it easy, 1 license which covers  all our photography solutions. You can purchase the complete copyright for an additional price, please contact us for further details.

License - Exclusive ‘Unlimited License’ 

 

 

This is an agreement between Photography4u and you, the licensee (“you”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity. 

By using our service and/or purchasing one of our products/licenses, you agree to be bound by the terms and conditions of the following End User License (the “Agreement”) and the complete terms and conditions as detailed on our website: 

 

Definitions 

For the purpose of this Agreement, the following definitions will apply: 

A “Product” is any item licensed through Photography4U, including but not limited to photographs, graphics, audio files, videos, image compilations and visual projects.

A “New Media Project” is a production which makes use of new media or multimedia platforms, and includes but is not limited to images, image compilations, online images, online videos, on social media, company websites, video sharing sites, Internet advertisements, corporate training videos, online tutorials, e-learning tools, slideshows, internal corporate presentations and films. 

Photography4u Exclusive ‘Unlimited License’ 

Photography4u hereby grants you a personal, exclusive, perpetual, worldwide right to use each Product licensed by you in an unlimited number solely in New Media Projects created by you. In consideration of such license, you hereby agree to pay Photography4u a certain license fee according to our website rates (included in purchase price). Please see our website for current pricing. Photography4u retains rights to use any such products for their own purposes, including but not limited to advertising for its services.

Limitations of Use 

You may not: 

sell, assign, transfer, share, sublicense or otherwise redistribute any Product, or the right to use any Product, to any third party, except solely as embodied within a New Media Project created by you; sell, assign, transfer, share, sublicense or otherwise redistribute any Product in a manner that is competitive with Photography4u, including as, or as part of, a compilation; a digital template; charge a client or third party for customization services for less than the cost of the actual Product; represent, expressly or by way of reasonable implication, that any Product was created by you or a person other than the copyright holder(s) of that Product; use a Product in connection with any New Media Project that is pornographic, defamatory, or could be considered libelous, obscene, or illegal; use a Product in a manner that infringes upon any third party’s trademark or other intellectual property right, or would give rise to a claim of deceptive advertising or unfair competition; or use a Product, or any part thereof, as a trademark, service mark, logo, or other indication of origin; render the Product through a service that allows a third party to customize a digital or physical product to their specific needs, such as an “on demand”, “made to order” or “build it yourself” service.

 

Ownership 

You hereby acknowledge that Photography4u is and remains the owner of all right, title and interest in each Product licensed by you, including without limitation any copyrights therein. Each Product is protected by and subject to British and international copyright laws. Photography4u retains the right to sell licenses to the Products to third parties at its discretion. Photography4u also retains the right to use the images for the purposes of advertising its services and other such purposes at its discretion.

Warranties and Representations 

All Products are provided “as is” without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. 

Notwithstanding the foregoing, Photography4u warrants that it has the right to grant the license granted hereunder. 

Limitation of Liability 

In the event of a claim arising from the use of a Product, Photography4u’s total liability to you under this Agreement shall be limited to the fee paid hereunder by you to Photography4u for the license to such Product. 

In the event that Photography4u gets a notice that any Product may be subject to a claim of infringement, upon notice from Photography4u, you will immediately stop using the Product, delete or remove the Product from your premises, computer systems and storage (electronic or physical), and ensure that your clients do likewise. In such event, Photography4u’s sole obligation will be to provide you with a comparable Product (which comparability will be determined by Photography4u in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement. 

Availability 

Photography4u makes no representations or warranties that all Products will be available at all times. Photography4u may discontinue licensing certain Products at its sole discretion. 

Taxes 

Except for purchases made within the United Kingdom, fees charged by Photography4u hereunder do not include any taxes, duties or other government charges. You are solely responsible for any such taxes, duties or other charges, including without limitation, sales and use taxes and value added taxes. 

General Provisions 

This Agreement shall be governed by and construed according to the laws of the United Kingdom, and the Parties hereby acquiesce to the jurisdiction of the courts of the United Kingdom. Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. 

If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect. 

It is expressly understood and agreed that this Agreement is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.