Site usage agreement
Supply of images from the website
"Images" include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images ("Watermarked Images") or higher resolution non-watermarked Images ("Non-Watermarked Images").
Use of watermarked images
Conditioned on your compliance with this agreement, Dutch Image grants you a limited license to download watermarked images solely for evaluating whether you wish to purchase a license to the non-watermarked image according to the standard terms and conditions applicable to your use. You may use the watermarked images for up to sixty (60) days from the date of download in your internal "comps" and layouts to assist in your evaluation. You may not use a watermarked image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Dutch Image grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
Use of non-watermarked Images
Your use of Non-Watermarked Images shall be governed solely by the Standard Terms and Conditions applicable to your use. Only Authorized Users may access and download Non-Watermarked Images.
License for use of images
- Conditioned upon your full payment of the license and your compliance with the terms of the Invoice and this Agreement (including all restrictions), Dutch Image grants you a non-exclusive (unless otherwise stated in the Invoice), non-sublicensable, non-transferable right to reproduce the RM Images listed in the Invoice in accordance with the reproduction rights granted and specified in the Invoice.
- The rights hereby granted to you are non-transferable which means that any work that you produce using an RM Image 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 Dutch Image 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.
- Unless otherwise specified on the Invoice, the license granted on the RM Images are 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.
- Unless otherwise stated in the Invoice, all licenses on the RM Images 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.
- All rights not specifically granted to You are reserved. The license fee on the RM Images depends on the nature of the rights granted, therefore You undertake to obtain an additional license before undertaking any expanded use of any RM Image.
- The following credit line is required for any editorial use of any RM Image "©[Photographer's name]/[Dutch Image ]" For commercial uses, you shall include the credit described above when customary and appropriate.
Rights-managed products are licensed on a use-by-use basis. The fee for using the product is calculated from several factors including size, placement, duration of use and geographic distribution. At the time you order a rights-managed product, you will be asked to submit information that will specify the usage rights to be granted. You can contact a sales representative to determine an exact price. Exclusive rights are available for purchase for some rights-managed products.
Any license granted by Dutch Image shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images with sensitive topics without Dutch Image separate written agreement. Sensitive topics include, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. Certain Images may be available for use with sensitive subjects for an additional fee. You must contact Dutch Image for additional information prior to any use of an Image with any sensitive topic.
Model and Property Releases / Clearances
The rights Dutch Image grants to you do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by Dutch Image.
Dutch Image makes no representations or warranties that it owns or licenses any rights nor does Dutch Image grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, Dutch Image makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Dutch Image.
If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.
An Image designated as "model released" means that the person depicted in the Image has signed a release permitting reproduction of the Image depicting such person, subject to the restrictions contained in this Agreement, including without limitation sensitive subject uses. If Dutch Image erroneously advises you that an Image is model-released when it is not, Dutch Image ' liability shall be limited to the amount you paid Dutch Image for use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by Dutch Image is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Dutch Image with proof of such releases and permissions upon request.
You agree to indemnify, defend, and hold harmless Dutch Image against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.
Dutch image provides you with its site and images on an “as is” basis. Dutch image makes no warranty, express or implied regarding any images, its site, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-fringement, or that the site or any services will be uninterrupted or error-free.
Except for any liability which cannot by law be excluded or limited, dutch image shall be liable to you or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the images, whether framed as a breach of warranty of merchantability or fitness for a particular purpose or noninfringement, upon any legal theory, in tort, contract, failure of essential purpose, or otherwise. In no event shall dutch image liability for your use of any image provided hereunder exceed the greater of (i) the amount invoiced and paid by you for the use of that image, or (2) $500.