Fotosearch Royalty Free Stock Photography
Digital images licensed by Publitek,
Inc.
Fotosearch and Photosearch are trademarks of Fotosearch, LLC
All rights reserved © 2024-05-01
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AGE FOTOSTOCK (AGE FOTOSTOCK SPAIN, S.L.).
PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY ROYALTY FREE
IMAGE, ILLUSTRATION OR OTHER GRAPHIC MATERIAL (HEREINAFTER THE "RF GRAPHIC MATERIAL")
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD OR USE ANY RF GRAPHIC
MATERIAL CONTAINED IN THIS SITE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL, YOU
HEREBY REPRESENT AND WARRANT THAT: I) YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO
THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL; AND THAT: II) SUCH EMPLOYER
AND/OR PRINCIPAL HAS AGREED TO BE BOUND BY THE TERMS HEREBY; III) THAT THE RF GRAPHIC
MATERIAL AND ANY FINAL WORK INCLUDING THE RF GRAPHIC MATERIAL IS ONLY FOR THE BENEFIT OF
EMPLOYER OR PRINCIPAL AND THAT YOU WILL NOT USE ANY RF GRAPHIC MATERIAL OBTAINED FROM
AGE FOTOSTOCK FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A
SEPARATE LICENSE WITH AGE FOTOSTOCK; AND IV) YOU WILL COMPLY WITH ALL THE TERMS HEREOF
AND SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY BREACH OF THE TERMS OF THIS AGREEMENT
BY YOUR PRINCIPAL AND/OR EMPLOYER.
ALL THE RF GRAPHIC MATERIAL ARE COPYRIGHTED AND ALL RIGHTS TO THE RF GRAPHIC MATERIAL
ARE OWNED BY AGE FOTOSTOCK AND/OR ITS LICENSORS AND CONTENT PROVIDERS. AGE FOTOSTOCK
RETAINS ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT.
YOUR RIGHT TO USE ANY RF GRAPHIC MATERIAL IS SUBJECT TO YOUR FULL PAYMENT OF THE LICENSE
AND THE RESTRICTIONS SET FORTH IN THIS AGREEMENT.
I. Definitions
1.1 In this Agreement the following terms should have the following meanings:
1.1.1 Royalty Free Graphic Material (RF Graphic Material): means the graphic material of
age footstock which may consist in still images, illustrations or other visual
representation generated optically, electronically, digitally or by any other means and
which use is subject to the terms of the present License agreement.
1.1.2 Disk Product: means CD-ROMs, DVDs and similars which incorporates a certain
compilation of RF Graphic Material.
1.1.3 Invoice: means the computer generated or pre-printed invoice which includes the RF
Graphic Material selected and the corresponding price for the license of such RF Graphic
Material.
1.1.4 Reproduction: means any form of copying or publication of the whole or part of any
RF Graphic Material by any means whatsoever. Reproduction shall also include any
distortion or manipulation of the whole or part of any RF Graphic Material .
II. Rights granted
2.1 Conditioned upon your full payment of the license and your compliance with the terms
of the invoice and this Agreement (including all restrictions), age fotostock grants you
a personal, non-exclusive and non-transferable right to use and reproduce, for your own
commercial or non-commercial use, on a worldwide and perpetual basis, the RF Graphic
Material in the following ways:
a) Print usage: refers to any type of printed, tangible materials including advertising,
promotional materials, publications or products (including products offered for sale
except as prohibited in Section II below).
b) Non-print usage: refers to any digital or electronic materials including websites
(but not website templates), multimedia presentations and CDs provided that no Image is
at a resolution greater than 480 by 640 pixels (72 dpi) and each RF Graphic Material is
incorporated into a design in such a fashion that it is clearly not intended to be
separately downloaded, copied or distributed by any third party.
NOTE: IMAGES ARE NOT SOLD; THEIR USE IS LICENSED TO YOU.
III. Restriction on Use
3.1 The rights hereby granted to you are non-transferable which means that any work that
you produce using an Image must be for your own use, or for the use of your direct
employer or client, who must be the end-user (the End-User) of your work. You may not
sublicense, sell, assign, convey, dispose of, loan, give or otherwise transfer to anyone
any RF Graphic Material or the right to use the RF Graphic Material except insofar as an
Image has been included by you into one of the authorized uses referred to in Section II
above and nothing you produce shall grant or purport to grant to any third party a right
to use or reproduce the Images. You hereby agree to take all commercially reasonable
steps to prevent third parties from duplicating or distributing the Images.
3.2 Even though you may sell or license derivative works incorporating the RF Graphic
Material, you may not use any RF Graphic Material for sale or license where the primary
value resides in the RF Graphic Material itself (For example, you may not sell posters
or prints of any RF Graphic) nor include any RF Graphic Material in an electronic
template intended to be reproduced by third parties on electronic or printed products.
3.3 You may not sell, license or distribute any derivative work containing any RF
Graphic Material in a way that would allow a third party to download, extract or access
the RF Graphic Material as a stand-alone file.
3.4 If the RF Graphic Material is licensed by a company, it may be shared by creating an
image library, image storage jukebox, network configuration or similar arrangement as
long as no more than ten (10) specific employees (hereinafter the "Users") within the
same company and no more than one User at a time get access to the RF Graphic Material,
unless a separate seat license is purchased for each additional User, before such
additional use begins. This is not a simultaneous user agreement.
3.5 Except as specifically provided in the previous paragraph, the RF Graphic Material
may not be shared or copied and you may not create a network of servers, either with or
without a central location to enable others to share the RF Graphic Material.
3.6 The RF Graphic Material may not be used as part of a logo, trade name, service mark
or trademark or used to infringe on anyone's logo, trade name, service mark or
trademark.
3.7 The RF Graphic Material may not be posted online nor placed in any other electronic
distribution system in a downloadable format, FTP or similar nor enabled to be
distributed via mobile telephone devices.
3.8 The RF Graphic Material may not be used for any pornographic, unlawful purpose or
use or to defame any person or violate any person's right of privacy or publicity or to
infringe upon any copyright, trade name, trademark or service mark of any person or
entity. Advance written permission from age fotostock is required for use of the RF
Graphic Material for sensitive subjects, including without limitation, topics that may
depict the subject matter of the RF Graphic Material in a negative or unfavorable light.
3.9 Upon notice of discontinuance of a license for any particular RF Graphic Material,
you agree not to use such RF Graphic Material in the future. To the fullest extent
permitted by law, your sole remedy for any recalled RF Graphic Material shall be, at age
fotostock's sole discretion, the replacement of such recalled RF Graphic Material with
another Image or the refund of any license fee paid attributable to such recalled RF
Graphic Material.
3.10 If the RF Graphic Material is used in an editorial manner, you must include the
following credit adjacent to the Images: "Photographer's name/Name of the collection/age
fotostock".
IV. Disk Products
4.1In the event of any inconsistency between the licensing terms contained in any Disk
Product supplied by age fotostock and the terms herein, the terms of this Agreement
shall prevail.
V. Unauthorized Uses and Indemnity
5.1 Any use of any RF Graphic Material and/or Disk Product in a manner not expressly
authorized by this Agreement or in breach of a term of this Agreement constitutes
copyright infringement, entitling age fotostock to exercise all rights and remedies
available to it under copyright laws around the world.
5.2 You shall be responsible for any damages resulting from any such copyright
infringement, including without limitation any claims by a third party and you hereby
agree to indemnify and hold harmless age fotostock and its licensors and content
providers, against all claims (including without limitation, claims by third parties),
liability, damages, costs and expenses, including reasonable legal fees and expenses,
arising out of or related to any unauthorized use of any RF Graphic Material/Disk
Product or any breach of any terms and conditions or restrictions of the present
Agreement.
VI. Payment
6.1 You are responsible for ensuring that all the information appearing in the Invoice
is true, accurate and complete.
6.2 A late payment charge of one and one-half percent (1.5%) per month or such lesser
amount as is allowed by law, shall be applied on any unpaid balance until payment is
received.
VII. Credit or Cancellation
7.1Except as provided for in the following clause, no cancellation on any RF Graphic
Material license shall be accepted.
7.2 In case of a purchase of a Disk Product we will accept returns within a period of
seven (7) business days from the date of the Invoice or receipt of the Disk Product
(whichever comes first), only and if no RF Graphic Material included in the Disk Product
has been used and/or downloaded. In the event of a return of a Disk Product, you accept
to pay any and all applicable processing, management and shipping fees.
VIII. Limited Warranty and Limitation of Liability
8.1 age fotostock warrants that: it has all necessary rights and authority to enter into
and perform this Agreement; ii) any digital copy of RF Graphic Material and/or Disk
Product will be free from defects in material and workmanship for ninety (90) days from
delivery. Your sole and exclusive remedy for a breach of this warranty is the
replacement of the RF Graphic Material and/or Disk Product in question. AGE FOTOSTOCK
GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARDS TO THE USE OF NAMES, TRADEMARKS,
TRADE DRESS, DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY RF GRAPHIC
MATERIAL, AND YOU MUST SATISFY YOURSELF THAT ALL THE NECESSARY RIGHTS AND CONSENTS
REGARDING ANY OF THE ABOVE, AS MAY BE REQUIRED FOR THE INTENDED USE HAVE BEEN OBTAINED.
WHILE AGE FOTOSTOCK MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, AGE FOTOSTOCK
DOES NOT WARRANT THAT SUCH INFORMATION IS ACCURATE. AGE FOTOSTOCK MAKES NO OTHER
WARRANTY, EXPRESS OR IMPLIED REGARDING ANY RF GRAPHIC MATERIAL INCLUDING, WITHOUT
LIMITATION, THAT THE RF GRAPHIC MATERIAL IS ERROR FREE, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8.2 EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER AGE
FOTOSTOCK NOR ANY OF AGE FOTOSTOCK'S SUBSIDIARY, SUCCESSOR, PARENT, AFFILIATE, PARTNER,
OFFICER, DIRECTOR, EMPLOYEE, CONTENT PROVIDER, LICENSOR, DISTRIBUTOR OR AGENT SHALL BE
LIABLE FOR ANY DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING
OUT OF THE USE OR INABILITY TO USE THE RF GRAPHIC MATERIAL OR OTHERWISE,
8.3 THE REPRESENTATIONS AND WARRANTIES MADE BY AGE FOTOSTOCK IN THIS AGREEMENT APPLY
ONLY TO THE RF GRAPHIC MATERIAL AS DELIVERED BY AGE FOTOSTOCK AND WILL BE INVALID IF THE
RF GRAPHIC MATERIAL IS USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT.
IX. Data Protection
9.1 Pursuant to the previsions of Spanish legislation relating to Data Protection, age
fotostock hereby informs You that any personal data that you provide to age fotostock
for the purposes of servicing you, which may include, but not limited to, personal data
of your representative or any other individual which may be required to fulfill this
Agreement.
9.2 This information will be processed and controlled by age fotostock and used for
internal purposes only and more particularly to fulfil licensing transactions, maintain
your account and send you marketing communications to inform you of new products or
services or for promotional purposes to send you updates on our latest promotions and
offers. We may also use certain account information provided to us by authorized users
to conduct credit inquiries.
9.3 By making this information available to age fotostock you are agreeing to allow us
to share this information with age fotostock's partners, subsidiaries, affiliates, any
third party content provider, necessary payment processors or third parties which
services are required to carry out your order. We also reserve the right to disclose
your personal information if required to do so by law or in order to comply with any
legal process.
9.4 The Client represents and warrants to age fotostock that, prior to disclosing to age
fotostock any personal data of any individual required to fulfill this Agreement (other
than the individual who accepts this Agreement in its name and on its behalf), You shall
notify this individual of: i) his/her disclosure of his/her personal data to age
fotostock for the purposes specified in the present Agreement, ii) the personal data
which is being disclosed in this regard and; iii) age fotostock's identity and address.
You accept and agree to indemnify and hold harmless age fotostock for your failure to
comply with this obligation.
9.5 You may, at any time, you may, at anytime, access, correct, update or require us to
delete your personal data by sending us your petition by e-mail to the attention of our
legal department at legal@agefotostock.com or by regular mail to the following address:
Buenaventura Munoz, 16, 08018, Barcelona, Spain.
X. Severability
10.1 Should any provision of this Agreement be found invalid, illegal or unenforceable
in any respect, the validity, legality and enforceability of the remaining provisions
shall not be affected and shall remain in full force and effect. Such provisions shall
be revised only to the extent necessary to make them enforceable.
XI. Entire Agreement, Waiver
11.1 This Agreement contains all the terms of the license agreement for the RF Graphic
Material and no terms or conditions may be added or deleted unless made in writing and
signed by an authorized representative of both parties. In the event of any
inconsistency between the terms contained herein and the terms contained on any purchase
order or other communication sent by you, the terms of this Agreement shall govern. No
action of age fotostock , other than an express written waiver, may be construed as a
waiver of any provision of this Agreement. A delay on the part of age fotostock in the
exercise of its rights or remedies will not operate as a waiver of such rights or
remedies, and a single or partial exercise by age fotostock of any such rights or
remedies will not preclude other or further exercise of that right or remedy. A waiver
of a right or remedy by age fotostock on any one occasion will not be construed as a bar
to or waiver of rights or remedies on any other occasion.
XII. Law and Venue
12.1 This Agreement, and all matters collateral thereto, shall be governed by and
construed in accordance with the laws of Spain, excluding the application of its
conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a
court of competent jurisdiction in Barcelona, Spain. Notwithstanding the foregoing, age
fotostock shall have the right to commence and prosecute any legal or equitable action
or proceeding before any court of competent jurisdiction to obtain injunctive or other
relief against licensee in the event that, in the opinion of age fotostock, such action
is necessary or desirable.
12.2 This Agreement shall not be governed by the United Nations Convention on Contracts
for the International Sale of Goods, the application of which is expressly disclaimed.
If you are unsure of your rights under this License Agreement or would like to acquire
additional rights (or additional seat licenses), please contact us at our toll free
number 900 256 900 (from Spain) or +34 93 300 2552 (from outside Spain) or send us an
email at age@agefotostock.com.