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User License
License agreements for the use of images
This is a legal Agreement between you and OCEAN PHOTOS. Please, read it carefully before downloading any image from this Website. By downloading or using any of the images of this Website in any way, you agree to be bound by the terms and conditions of use of this contract. If you disagree with it, please do not download or use any images from this Website.
All the images included in this Website are owned by OCEAN PHOTOS and its licensees, and are protected by copyright law.
All the images included in this Website have Managed Rights (also know as “Protected Rights”) of reproduction. This means that to use them in any manner or form, except those provided under the heading “License Agreement for Sketches and Layouts,” you must acquire specific use licenses (also known as “Transfer of Reproduction Rights”).
Such licenses are granted for specific uses and their prices are calculated on the basis of certain variables, for example: type of use, size, number of copies, distribution, etc. As a general rule, all licenses for reproduction rights are granted on a non-exclusive basis, but it is possible to purchase an exclusive licence for certain images. You agree to notify OCEAN PHOTOS about the way you propose to use any image, and you agree to pay for an additional license in case you want to extend the agreed license to a new use.
License Agreement for Sketches and Layouts
I. OCEAN PHOTOS grants you, for a period of thirty (30) days, the right (non-exclusive, personal and non transferable) to use the low resolution images that appear on this Website for making sketches and layouts only. You may only make a copy of these images on the hard disk of your personal computer system, for review or to produce preliminary samples, sketches and layouts in order to show the results to your own customers. Any copy of these images must be deleted from the hard disk of your computer system at the end of the use license granted.
II. Unauthorized uses
You cannot use any of the images:
2.1 For any use involving a commercial application, whether you are paid for it or not.
2.2 To totally or partially sub-license, sell, publish, distribute or make them available for use or distribution by any means,
2.3 To share or distribute them in any way or by any means, except to send sketches or layouts to your customers for review, in the form of computer files.
2.4 As false representations, for pornographic purposes, in defamatory fashion, or for any other unlawful purpose.
2.5 In any way that damages a person’s honour, self-image or right to privacy.
2.6 For no other purpose than those specifically provided in Part I of this Agreement. Any use of the images without previous authorization by OCEAN PHOTOS constitutes a copyright violation.
III. Applicable Legislation and Jurisdiction
This Agreement and all related matters will be construed and enforced in accordance with the applicable legislation. Venue shall lie in the city of Santa Cruz de Tenerife, Spain, and the courts therein shall have jurisdiction to hear any disputes between the parties.
License Agreement for images with Managed Rights
I. Definitions
In this Agreement, the following terms have the following meanings:
1.1 Image with managed rights: any graphic material owned by OCEAN PHOTOS including photographic works, mere photographs, or any other creations obtained by similar procedures (and incorporated to any means provided by OCEAN PHOTOS), which use is subject to the terms of this use license Agreement.
1.2 Invoice: computer-generated or printed invoices describing the permitted uses of the selected images with managed rights and the corresponding price for the user license.
1.3 Reproduction: any copying or publication of the whole or part of the images with managed rights, by any means. Reproduction also includes any distortion or manipulation of the whole or a part of the image.
II. Licensed rights
2.1 Conditioned upon the full payment of the license and the fulfilment of the invoice terms and this license Agreement, OCEAN PHOTOS grants you a personal, non-exclusive right (except when the invoice expressly establishes an exclusive use for you), to reproduce images with managed rights listed in the invoice, in accordance with the reproduction rights granted and specified in the invoice, and without the right to sublicense or transfer.
2.2 The authorization for the use of an image with managed rights is given to you personally; consequently you may not transfer that right to another person without a previous Agreement, in writing, with OCEAN PHOTOS.
2.3 Except as provided under the invoice, the authorization for the reproduction of any image with managed rights is provided for a single use and is strictly limited to the use or purpose, period of time, territory, print run, placement, medium and other parameters specified in the invoice, which is part of this Agreement and constitutes the full license granted to you.
2.4 The following notice (credit) must appear next to the image with managed rights in any editorial use: "© [Photographer’s name]/[OCEAN PHOTOS] The same notice should appear in any advertising or commercial use of the images with managed rights in accordance to the applicable commercial uses. If you do not include the notice, you will have to pay an additional tariff up to 100% of the original amount charged by the authorized material, at the sole only discretion of OCEAN PHOTOS.
III. Limitations on the use of images with managed rights
3.1 Images with managed rights cannot be used for pornographic, illegal, harmful, abusive, or defamatory purposes, or to infringe the right of privacy or publicity of any person, or to infringe any intellectual or industrial property right of any third party.
3.2 For images with managed rights, you only can use a single copy in a single computer. You may only download the images with managed rights in one (1) computer hard disk or other computer medium. You may not make, use or distribute copies of the images with managed rights for any other purpose except those specified in the invoice. Nevertheless, you may make one backup of the image for security purposes only. Upon termination of the license Agreement you must stop using the images with managed rights and delete or destroy any copies.
IV. Non-authorized uses and compensation
4.1 The use of any image with managed rights beyond the parameters of use granted by OCEAN PHOTOS, or the violation of any part of this Agreement, constitutes a violation of intellectual property rights that belong to OCEAN PHOTOS and/or its licensees, entitling OCEAN PHOTOS to exercise all available legal options and measures.
4.2 You agree to compensate and hold harmless OCEAN PHOTOS, its administrators, representatives, employers, partners, branches, licensees, agents or distributors for any claims of damage, loss or costs, including attorneys’ fees, in any way arising out to any inappropriate or unauthorized use of any images with managed rights or the violation of any terms of this Agreement.
V. Model releases and third party rights
5.1 Except in cases where a model release is attached to the invoice indicating that OCEAN PHOTOS has authorization from the model and/or an authorization of property, neither OCEAN PHOTOS or its licensees, grant any right or offer any warranties regarding the use of names, personal likeness, trademarks, commercial images, logos, designs, art works or architectural works that are represented in the authorized material. Given that you are solely aware of the specific context in which the image with managed rights will be used, you are solely responsible for determining if it is necessary to obtainan authorization or model release for any of the proposed uses. With respect to any authorization supplied with the authorized material, neither OCEAN PHOTOS, nor its licensees assert, warrant or affirm its validity in relation to any use of authorized material. You must obtain all the necessary authorizations of persons, properties, equipment, logos from third parties, as required by the particular use of the image with managed rights, before using it.
5.2 OCEAN PHOTOS shall not be responsible for any conflicts that may arise from the digital or analogue manipulation of the image with managed rights, due to wrong, incorrect, improper or unauthorized uses of these images that may harm the rights or interests of third parties, whether natural or juridical entities.
VI. Payment
6.1 You are responsible for providing the correct details about the use of the image with managed rights and make sure that all information appearing on the invoice is accurate and true.
6.2 A monthly charge of 1% or the highest percentage permitted under current law, whichever is lower, will apply to late payments.
VII. Cancellation of the license
7.1 If any image with managed rights, whose reproduction rights have been authorized, is not reproduced, you may request in writing the cancellation of the license within thirty (30) days from the invoice date. . In such cases, OCEAN PHOTOS may void the invoice and reverse charges to your account or credit card. The license cancellation does not include management, processing and other applicable costs, which shall be not-refundable.
7.2 After thirty (30) days from the date of the invoice, cancellations will not be accepted and the full amount of the invoice will be due and payable.
VIII. Warranties and limitation of liability
8.1 OCEAN PHOTOS ensures that: (I) it owns all the rights and is authorized to sign and carry out this Agreement; (II) the image with managed rights will be free from material defects for a period of thirty (30) days since the date of delivery (in the event of defect, the warranty consists exclusively of replacing the defective image with managed rights with the a replacement image); (III) the use by the licensee of the authorized material in its original form and in accordance with this Agreement, will not infringe any copyright, offend morals, or violate any trademark, any other intellectual property right, or the right of privacy or publicity.
8.2 Neither OCEAN PHOTOS nor its licensors offer any warranty, express or implied, regarding the image with managed rights, its delivery systems, or the accuracy of the information provided with the image, including any implied warranty of merchantability or fitness for a particular purpose. Neither OCEAN PHOTOS nor its licensors shall be liable to you or to any other person or entity for any damage, direct or indirect, or loss of benefits, or any other direct or consequential damage arising from this Agreement. Some jurisdictions do not allow the exclusion or limitation of the warranties or liability for certain categories of damages.
IX. Termination and resolution
9.1 The license contained in this Agreement may be terminated without any prior notice from OCEAN PHOTOS if you fail to comply with any term of this Agreement. Once the license ends, you should immediately: (I) cease using the image with managed rights; (II) destroy the image with managed rights; and (III) delete and remove the image with managed rights from your installations, computer and storage systems (electronic or otherwise).
X. Protection of personal data
10.1 In accordance with the provisions of Spanish Law 15/1999, of 13 December, for the Protection of Personal Data, OCEAN PHOTOS informs you that any personal information you provide to us in relation with this Agreement shall be treated as and incorporated in a file controlled by OCEAN PHOTOS, as required for the provision of contractual services.
10.2 You may, at any time, access, correct, update or cancel your personal data incorporated in the above-referenced file, by sending us a request, in the terms required by law, to the following address: OCEAN PHOTOS, S.L.U. – Centro Comercial Radazul, Local 1-22. 18109 El Rosario (S/C de Tenerife, Spain).
XI. Entire Agreement, amendments and waivers
This Agreement contains all the terms of the Use License Agreement and may not be modified unless in writing and signed by authorized representatives of both parties. If there is any inconsistency between the terms of this Agreement and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement will control.
XII. Legislation and jurisdiction
This Agreement and all collateral matters shall be governed by and interpreted in accordance with Spanish laws. The parties shall be subject to the jurisdiction of the Courts and Tribunals of the city of Santa Cruz de Tenerife, Spain.
This Agreement contains all the terms of the Use License Agreement and may not be modified unless in writing and signed by authorized representatives of both parties. If there is any inconsistency between the terms of this Agreement and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement will control.
XII. Legislation and jurisdiction
This Agreement and all collateral matters shall be governed by and interpreted in accordance with Spanish laws. The parties shall be subject to the jurisdiction of the Courts and Tribunals of the city of Santa Cruz de Tenerife, Spain.
