Terms and Conditions
Webstite terms :
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS WEBSITE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These Terms and Conditions of use ("Website Terms") apply to your use of this Website ("Site"). By using this Site you hereby represent and warrant that: i) you are over 18 years old and are lawfully able to accept these Website Terms; ii) if you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Website Terms on such entity's behalf, and that such entity agrees to be bound by these Website Terms and indemnify Image Globe for violations of these Website Terms, and; iii) you accept without any reservation the Website Terms.
We reserve the right to change any of the terms and conditions contained in the Website Terms at any time without prior notice. Your use of this Site is subject to the most current version posted on the Site at the time of your use.
Ownership of our site
This Site is owned and operated by nv Image Globe sa, RuePelletierstraat 8b, B-1030 Brussel Bruxelles, Belgium, hereinafter referred throughout this Site as Image Globe. All rights on the content featured or displayed on this Site, including but not limited to, images, text, graphics, illustrations and software (the "Content") are owned by Image Globe, its licensors or its content providers. All elements of this Site, including without limitations, the general design and the Content are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Content
Unless explicitly permitted by Image Globe, you may not reproduce, distribute, transmit or otherwise exploit the Content or any portion thereof. Your use of any image shall be governed by the licensing terms applicable to your use. Image Globe's licensing terms are incorporated into this Agreement by reference.
Registration Data and Account information
In consideration of your use of the Site, you agree to: (i) to provide accurate, current and complete information about you when you fill out any User registration forms on the Site ("Registration Data"); (ii) maintain and promptly update the Registration Data, and any other information you provide to Image Globe, to keep it accurate, current and complete; (iii) maintain the confidentiality and security of your password; (iv) notify Image Globe immediately of any unauthorized use of your account or other breach of security; (v) accept all risks of unauthorized access to the Registration Data and any other information you provide to Image Globe and all responsibility for any and all activities that occur under your account.
Privacy Policy
Image Globe respects your right to privacy. Our Privacy Policy, which is incorporated into this Agreement by reference outlines the personal information we collect, how we manage your personal information and how we safeguard your privacy.
Trademark ownership
Image Globe® and logo, are registered trademarks of Image Globe. You may not use any of these trademarks without Image Globe prior written permission.
All other trade names, trademarks, registered trademarks, product names and company names or logos mentioned or displayed on this website are the property of their respective owners. They may not be used in any manner whatsoever without the express written consent of the respective owners.
Indemnification
You shall indemnify Image Globe, its subsidiaries, its affiliates, licensors and content providers against any losses, expenses, costs or damages (including reasonable legal fees and expenses) incurred as a result of your breach of this agreement or your unauthorized use of the Content or related rights.
Disclaimers and Limitation of Liability
THIS SITE AND THE CONTENT ARE PROVIDED "AS IS" AND IMAGE GLOBE EXCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR That the site or any services will be uninterrupted or error-free.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW Image Globe shall not be liable for any damages of any kind arising out of your use of, your inability to use or the performance of this site.
Although Image Globe uses its best efforts to ensure the accuracy of the Content on the site, this site may contain errors, mistakes or inaccuracies. We make no guarantees as to the accuracy, correctness or reliability of the Content.
There may be links to other websites from Image Globe's website; however, as those websites are not under the control of Image Globe, we are not responsible for any content contained therein or any damages you may suffer in relation to your use of such websites.
Divisibility
If any clause in these Website Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of Belgium, and all disputes arising under the present shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Brussels, Belgium. Notwithstanding the foregoing, this provision shall not prevent Image Globe, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.
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.
Licensing Terms :
Rights Managed Images
Royalty Free products
Rights Managed Images
Comping License agreement for Images
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND nv Image Globe sa. PLEASE READ CAREFULLY THIS AGREEMENT. BY DOWNLOADING AND USING ANY IMAGE FROM THIS SITE 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 USE OR DOWNLOAD THE IMAGES CONTAINED IN THIS SITE.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER.
ALL THE IMAGES INCLUDED IN THIS SITE ARE COPYRIGHTED AND ALL RIGHTS TO THESE IMAGES ARE OWNED BY nv Image Globe sa AND ITS LICENSORS. ALL RIGHTS THAT ARE NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT ARE RESERVED.
I. Grant of license for comping use only
1.1. By this Agreement, nv Image Globe sa grants you, for a period of 30 days, a personal, non-exclusive and non transferable right to use the Images solely for viewing purposes and to create preliminary layouts and comps. You may make only one copy of the Images into your computer hard drive for the limited purposes of examination and preliminary layouts and comps, being understood that such copy shall be destroyed after the licensed usage.
II. Unauthorized uses
2.1. By the present agreement, you are not granted the rights to:
- use the Images for any advertising, promotional or editorial use or any other commercial application of the Images.
- create derivative works, being anything sourced from or referenced from a pre-existing Image.
- license, sell, publish or distribute any of the Images in whole or in part.
- place the Images On-line in a downloadable, FTP or other similar format.
- use the Images in any defamatory, libelous, pornographic, fraudulent, infringing or tortious way. Advance written permission is required for use of Images for sensitive subjects, included, but not limited to, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer or other serious physical or mental ailments or the disparagement of a person or product.
- use the Images or allow the use of the Images in any way that violates the right to privacy or publicity.
- use the Images for any other purposes than the ones specifically granted in paragraph 1.
2.2. Without limiting nv Image Globe sa's rights on the Images, any unauthorized use of Images constitutes copyright infringement entitling nv Image Globe sa to exercise all rights and remedies under applicable copyright laws and treaties.
2.3. You agree to indemnify and hold nv Image Globe sa harmless from any and all claims, liabilities, damages, costs and expenses including lawyer's fees, arising from any unauthorized use of an Image.
III. Divisibility
3.1. Should any clause of the present Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.
IV. Law and venue
4.1. This Agreement shall be interpreted, construed and governed by the laws of Belgium, and all disputes arising under this agreement shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Brussels, Belgium. Notwithstanding this, this shall not preclude nv Image Globe sa from reserving the right to resolve a dispute in another competent jurisdiction.
If you wish to have additional rights or have any question regarding your rights or obligations under this Agreement, please contact us at +32 (0)2 732 68 00 or send us an e-mail at sales@imageglobe.be
License agreement for Images
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IMAGE GLOBE (SA IMAGE BLOBE NV). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY RIGHTS MANAGED IMAGE, ILLUSTRATION OR OTHER GRAPHIC MATERIAL (HEREINAFTER THE "RM 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 RM 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 RM GRAPHIC MATERIAL AND ANY FINAL WORK INCLUDING THE RM GRAPHIC MATERIAL IS ONLY FOR THE BENEFIT OF EMPLOYER OR PRINCIPAL AND THAT YOU WILL NOT USE ANY RM GRAPHIC MATERIAL OBTAINED FROM IMAGE GLOBE FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH IMAGE GLOBE; 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 RM GRAPHIC MATERIAL ARE COPYRIGHTED AND ALL RIGHTS TO THE RM GRAPHIC MATERIAL ARE OWNED BY IMAGE GLOBE AND/OR ITS LICENSORS AND CONTENT PROVIDERS. IMAGE GLOBE RETAINS ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT.
YOUR RIGHT TO USE ANY RM 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 Rights Managed Graphic Material (RM 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 Invoice: means the computer generated or pre-printed invoice which includes without limitations the permitted scope of use of the RM Graphic Material selected and the corresponding price for the license of such RM Graphic Material.
1.1.3 Reproduction: means any form of copying or publication of the whole or part of any RM Graphic Material by any means whatsoever. Reproduction shall also include any distortion or manipulation of the whole or part of any RM 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), Image Globe grants You a non-exclusive (unless otherwise stated in the Invoice), non-sub licensable, non-transferable right to reproduce the RM Graphic Material listed in the Invoice in accordance with the reproduction rights granted and specified in the Invoice.
2.2 The rights hereby granted to you are non-transferable which means that any work that you produce using an RM Graphic Material must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work (as long as all relevant data pertaining to any such end-user is clearly stated in the Invoice for having been provided to Image Globe prior to licensing). In any such event, You hereby agree to be jointly and severally liable for any breach of the terms hereof by your employer and/or client.
2.3 Unless otherwise specified on the Invoice, the license granted on the RM Graphic Material is strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified on the Invoice, which is incorporated into this agreement by this reference, and as incorporated together with this Agreement constitutes the full license granted to You.
2.4 Unless otherwise stated in the Invoice, all licenses on the RM Graphic Material are granted for a one time use, in a single publication, single size, single territory, in one single language, and for a term of one (1) year from the date the applicable Invoice is issued.
2.5 All rights not specifically granted to You are reserved. The license fee on the RM Graphic Material depends on the nature of the rights granted, therefore You undertake to obtain an additional license before undertaking any expanded use of any RM Graphic Material.
2.6 The following credit line is required for any editorial use of any RM Graphic Material "© Photographer's name/Image Globe or "© Image Globe if no other name is mentioned with the RM Graphic Material. For commercial uses, you shall include the credit described above when customary and appropriate.
III. Restrictions on use
3.1 The RM 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 Image Globe is required for use of any RM Graphic Material for sensitive subjects, including without limitation, topics that may depict the subject matter of an RM Graphic Material in a negative or unfavorable light.
3.2 Image Globe reserves the right not to license any RM Graphic Material for any reason whatsoever.
3.3 You may only use a single copy of the RM Graphic Material on a single computer. You may only download the RM Graphic Material onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the RM Graphic Material for any purpose except as otherwise provided in the Invoice. Notwithstanding the foregoing, You shall be allowed to make one (1) backup copy for security purposes only.
3.4 Upon termination or expiration of the license, You shall cease any use of the RM Graphic Material and promptly erase or destroy any reproducible copies of the same.
IV. Unauthorized uses and indemnification
4.1 Any use of any RM Graphic Material beyond the scope of the license set forth on the Invoice or in a manner not expressly authorized by/or in breach of the present Agreement constitutes copyright infringement, entitling Image Globe to exercise all rights and remedies available under all applicable laws.
4.2 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 Image Globe 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 RM Graphic Material or any breach of any terms and conditions or restrictions of the present Agreement, (including any terms, conditions and restrictions included on the Invoice).
V. Releases and Third party rights
5.1 Unless Image Globe expressly states otherwise in writing, and given that you and/or you client (the End-User) are the only parties apprised of the specific context in which the RM Graphic Material shall be used, you hereby acknowledge that the license granted by Image Globe does not include a license to and Image Globe makes no warranties or representations that it licenses any rights related to any person depicted in the RM Graphic Material nor Image Globe can guarantee to be in possession (or the validity or effectiveness and scope if applicable) of the necessary authorizations from the persons depicted in the RM Graphic Material for the intended use of the Graphic Material. The same shall apply with regard to the authorizations that may be required for the use of names, brands, logos, entities or corporations which may also appear in the RM Graphic Material.
5.2. Also, unless otherwise agreed in writing, and, given that you and/or your client (the End-User) are the only parties privy to the specific context in which the RM Graphic Material shall be used, Image Globe neither transfers nor guarantees that it possesses any exploitation rights to the designs and works of art (e.g. architectural works), that may appear reproduced in the RM Graphic Material. Therefore, when the license is granted to reproduce the RM Graphic Material, the reproduction being authorized pertains solely to the RM Graphic Material independently of any rights that may correspond to the copyright holders of the work appearing in said RM Graphic Material.
5.3. Unless otherwise agreed in writing, Image Globe shall not undertake to obtain the authorizations referred to in previous paragraphs 5.1 and 5.2, whereby you and/or your client (the End-User) must be the ones responsible to obtain such authorizations, if necessary. Therefore, you and/or your client (the End-User) shall be solely responsible to third parties for the use of the RM Graphic Material, therefore holding Image Globe absolutely save and harmless to that end.
5.4 Image Globe shall not be held liable for any conflict that may arise as a result of any digital or analog manipulation of the RM Graphic Material, incorrect, improper or unauthorized use of the RM Graphic Material, such as, for instance, those that serve to illustrate texts or contexts (of any kind, including advertising and commercial ones) that may harm the rights or interests of persons, companies, corporations, etc, and, in particular, when they may be considered slanderous, defamatory, or infringing on third party rights, or, in otherwise illegal.
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
7.1 If any licensed RM Graphic Material is not reproduced by you in any way, You can, within thirty (30) days of the date of the Invoice, request in writing, the cancellation of the License, Image Globe may then proceed to cancel the Invoice and issue a full credit to your account or credit card. Nothing in this section shall apply to service, administration and shipping fees which shall be payable according to the terms stated on the Invoice and shall be non-refundable.
7.2 After 30 days, no cancellations will be accepted and the full amount invoiced shall be paid.
VIII. Warranty and Limitation of Liability
8.1 Image Globe warrants that: i) it has all necessary rights and authority to enter into and perform this Agreement; ii) any digital copy of the RM Graphic Material to 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 defective digital copy of the RM Graphic Material. EXCEPT AS PROVIDED IN THIS SECTION, IMAGE GLOBE MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE RM GRAPHIC MATERIAL. AS STATED IN SECTION V ABOVE, IMAGE GLOBE 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 IMAGE, 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 IMAGE GLOBE MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, Image Globe DOES NOT WARRANT THAT SUCH INFORMATION IS ACCURATE. IMAGE GLOBE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY RM GRAPHIC MATERIAL INCLUDING, WITHOUT LIMITATION, THAT THE RM GRAPHIC MATERIAL ARE 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 IMAGE GLOBE NOR ANY OF IMAGE GLOBE'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 RM GRAPHIC MATERIAL OR OTHERWISE,
8.3 THE REPRESENTATIONS AND WARRANTIES MADE BY IMAGE GLOBE IN THIS AGREEMENT APPLY ONLY TO THE RM GRAPHIC MATERIAL AS DELIVERED BY IMAGE GLOBE AND WILL BE INVALID IF THE RM 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, Image Globe hereby informs You that any personal data that you provide to Image Globe 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 Image Globe and used for internal purposes only and more particularly to fulfill 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 Image Globe you are agreeing to allow us to share this information with Image Globe'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 Image Globe that, prior to disclosing to Image Globe 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 Image Globe for the purposes specified in the present Agreement, ii) the personal data which is being disclosed in this regard and; iii) Image Globe's identity and address. You accept and agree to indemnify and hold harmless Image Globe 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 sales@agefotostock.com or by regular mail to the following address: Rue Pelletierstraat 8b, 1030 Bruxelles Brussel, Belgium.
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 RM 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. No action of Image Globe, other than an express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Image Globe 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 Image Globe 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 Image Globe 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 Belgium, 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 Brussels, Belgium. Notwithstanding the foregoing, Image Globe 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 Image Globe, 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 +32 2 732 68 00 (from outside Spain) or send us an email at sales@imageglobe.be
Royalty Free Images
Comping License agreement for Royalty Free Images
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IMAGE GLOBE (HEREINAFTER "THE AGREEMENT"). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY IMAGE, ILLUSTRATION OR ANY OTHER ROYALTY FREE 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.
ALL RIGHTS ON THE RF GRAPHIC MATERIAL INCLUDED IN THIS SITE ARE OWNED BY IMAGE GLOBE AND/OR ITS LICENSORS OR CONTENT PROVIDERS AND ARE PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL TREATIES ON INTELLECTUAL PROPERTY .
ALL RIGHTS THAT ARE NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT ARE RESERVED.
I. Rights granted
1.1 By the present license, Image Globe grants you, for a period of thirty (30) days from the date of download ("the Term") a non-exclusive, non sub-licensable, non assignable and non-transferable right to use the RF graphic Material you have selected solely for internal evaluation and/or to create preliminary layouts and comps to determine whether the RF Graphic Material is appropriate for the intended use. You may only make one copy of the RF Graphic Material into your personal computer. The RF Graphic Material can only be used for personal and non-commercial purposes. According to this license, you may not use the RF Graphic Material beyond the Term, unless you acquire before the end of the Term a License for Royalty Free Graphic Material. Otherwise, you will have to permanently delete/destroy any copy of the RF Graphic Material that were delivered to you under the terms of this license.
II. Unauthorized uses
2.1 Under the terms of the present license, you ARE NOT granted the right to:
2.1.1 use the RF Graphic Material in any final materials including but not limited to, advertising, marketing, editorial materials or any other commercial application, regardless of whether any remuneration is involved.
2.1.2 sublicense, sell, distribute or make available for use or distribution, by any means, the RF Graphic Material whether in whole or in part.
2.1.3 share or copy the RF Graphic Material or create a network of servers, either with or without a central location to enable others to share the RF Graphic Material.
2.1.4 place and distribute the RF Graphic Material in any online or other electronic distribution system in a downloadable format, FTP or similar (except that you may transmit comps digitally or electronically to your clients for their review).
2.1.5 use the RF Graphic Material 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.
2.1.6 use the RF Graphic Material outside the parameters of use stated in Section 1 above.
2.2 Any use of any RF Graphic Material in a manner not expressly authorized by/or in breach of the present licensing terms and conditions constitutes a copyright infringement on Image Globe and/or its licensors and content providers rights, entitling Image Globe to exercise all rights and remedies available under applicable copyright and other laws.
2.3 You hereby agree to indemnify and hold harmless Image Globe 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.
III. Limited Warranty and Limitation of Liability
3.1 Image Globe warrants that: i) it has all necessary rights and authority to enter into and perform this License Agreement; ii) any digital copy of the RF Graphic Material to be free from defects in material and workmanship for thirty (30) days from delivery. Your sole and exclusive remedy for a breach of this warranty is the replacement of the defective digital copy of the RF Graphic Material. IMAGE GLOBE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY RF GRAPHIC MATERIAL, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THAT THE GRAPHIC MATERIAL IS ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE.
3.2 EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER IMAGE GLOBE NOR ANY OF IMAGE GLOBE'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,
3.3 THE REPRESENTATIONS AND WARRANTIES MADE BY IMAGE GLOBE IN THIS AGREEMENT APPLY ONLY TO THE RF GRAPHIC MATERIAL AS DELIVERED BY IMAGE GLOBE AND WILL BE INVALID IF THE RF GRAPHIC MATERIAL IS USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT.
IV. Severability
4.1 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.
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 32 2 732 68 00 or send us an email at sales@imageglobe.be
License agreement for royalty free products
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IMAGE GLOBE ( SA IMAGE GLOBE NV). 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 IMAGE GLOBE FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH IMAGE GLOBE; 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 IMAGE GLOBE AND/OR ITS LICENSORS AND CONTENT PROVIDERS. IMAGE GLOBE 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), Image Globe 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 Image Globe 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 Image Globe'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/Image Globe".
IV. Disk Products
4.1In the event of any inconsistency between the licensing terms contained in any Disk Product supplied by Image Globe 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 Image Globe 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 Image Globe 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 Image Globe 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. IMAGE GLOBE 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 IMAGE GLOBE MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, IMAGE GLOBE DOES NOT WARRANT THAT SUCH INFORMATION IS ACCURATE. IMAGE GLOBE 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 IMAGE GLOBE NOR ANY OF IMAGE GLOBE'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 IMAGE GLOBE IN THIS AGREEMENT APPLY ONLY TO THE RF GRAPHIC MATERIAL AS DELIVERED BY IMAGE GLOBE 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, Image Globe hereby informs You that any personal data that you provide to Image Globe 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 Image Globe and used for internal purposes only and more particularly to fulfill 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 Image Globe you are agreeing to allow us to share this information with Image Globe'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 Image Globe that, prior to disclosing to Image Globe 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 Image Globe for the purposes specified in the present Agreement, ii) the personal data which is being disclosed in this regard and; iii) Image Globe's identity and address. You accept and agree to indemnify and hold harmless Image Globe 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 sales@imageglobe.be or by regular mail to the following address: Rue Pelletierstraat 8b, B 1030 Bruxelles Brussel, Belgium.
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 Image Globe, other than an express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of Image Globe 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 Image Globe 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 Image Globe 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 Belgium, 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 Brussels, Belgium. Notwithstanding the foregoing, Image Globe 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 Image Globe, 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 +32 2 732 68 00 (from outside Spain) or send us an email at sales@imageglobe.be
Privacy Policy :
Image Globe as the controller and processor of the personal information collected through the use of this site is committed in protecting your privacy. In this regard, Image Globe has adopted this Privacy Policy which tells you the information we collect online and how we use it.
By using this site, you understand and agree to the terms hereby stated.
I Collection of personal information
a) Personal information collected automatically
When you visit our site, certain information may be collected automatically such as the website that referred you to us, your IP address, information about your browser and access time. We may also collect navigational information such as the pages you view or the actions taken in connection with this site. We may combine your visit and navigational information with personal information you provide to us.
b) Personal data provided by you
When you register on this site, you must fill in a registration form and provide personal information such as: your name, address, telephone number, fax number, email address, company name and title, VAT number, username and password. Other additional information will be collected to process any licensing transaction or to provide you with some product or services (ex: credit card number and billing address).
II Use of the personal information
The personal data collected by Image Globe are for internal use only and more particularly to:
-process orders and issue invoices;
-maintain and update your account;
-send you our products, promotions and advertising;
-send you updates about our new products and services;
-create an activity profile of our site;
-optimize the use of our site
Image Globe may use part of your account information to conduct credit inquiries.
III Storage of the personal information
The personal data referred to in section I will be kept by Image Globe for as long as required to fulfill the purposes which justified its collection.
IV. Sharing of the personal information
By providing your personal information to us, you agree that:
-this data may be processed, stored or transferred (whether for free or not) to any affiliate, subsidiary or parent company of Image Globe;
-Image Globe may share this information with service providers who perform services on its behalf, content providers, necessary payment processors or courier services. These companies will only obtain the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using it for any other purpose.
-this information may be disclosed as part of any merger, acquisition or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which the personal information would be transferred as part of business assets of the company.
-this information may be disclosed if required by law or if Image Globe, in good faith, believes that such action is reasonably necessary to comply with legal proceedings, respond to claims, or protect the rights of the company.
Except as specifically set forth in this Privacy Policy, Image Globe does not sell, share or rent to third parties any personal information about the users of its site.
V. Your rights with regards to your personal information collected by age footstock
You can send us your modification request by email at sales@imageglobe.be.
If you wish to have your personal data deleted from our files, you can exercise your right by sending us your request by email to the attention of the following address: sales@imageglobe.be.
VI Cookies
When you visit our website, Image Globe sends a cookie to your computer. A cookie is a small file that resides on your computer's hard drive and contains electronic identifiable information which identifies the user's computer (non-personally identifiable information). Cookies allow Image Globe to make its website more useful by storing information about your preferences. For example, cookies will allow you to retrieve previous image search. You can set your browser's options not to accept cookies, but this may prevent you from accessing all of the features of this site.
VII Security
The security of your personal information is important to Image Globe. In order to protect the confidentiality of your personal information, Image Globe has put in place a number of operational functions. For example, when you enter sensitive information (such as credit card information) we encrypt that information using industry standard SSL (Secure Socket Layer). SSL codes the information transferred between you and the server, rendering it unreadable to anyone trying to intercept the information. However, perfect security on the Internet does not exist, and Image Globe does not warrant that its website is impenetrable or invulnerable to hackers.
VIII Links
Please be aware that this website may contain links to other sites that are covered by their own privacy policies. Image Globe is not responsible for the privacy practices of such other sites and we encourage our users to be aware when they leave our site. We recommend that our users read the privacy statements of each and every website that collects personally identifiable information.
IX Children
We do not intent to solicit or collect personal information from anyone under the age of 18. If you are under 18, do not provide any personal information on this site.
X Change to the Privacy Policy
Image Globe reserves the right to change, at any time, the terms of this Privacy Policy at its own discretion or if required as a result of any changes in law or commercial practice. Any such changes will be posted on this page indicating at the top part, the date of the latest update.
If you have any questions regarding our Privacy Policy, please contact us at +32 2 732 68 00 or by email at sales@imageglobe.be.
