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Client's Agreement

(STANDARD LICENSE)
Anyone who downloads a photograph, vector arts, image or other pictorial or graphic Product or video from the www.Fotonish.com website this agreement is compulsory upon them. The client concedes and consents that he or she shall be bound by the terms and conditions of this Agreement and that this Agreement be appropriate to each Product that is downloaded. 
1. Legal Guarantee
  • Every royalty-free file licensed on Fotonish includes a free Legal Guarantee. Fotonish assure that contents of this site will not violate any copyright, trademark, moral right, or other intellectual belongings right or abuse any right of privacy or promotion used within the terms of the license agreement. 
  • Fotonish can defend any client and can make responsible for any damages and expenses up to $10,000, if any Clients receive a threatened or actual claim that his or her use of Fotonish content (used within the terms of the license agreement) is violates any rights mentioned above, notify us of that claim and, with Clients consent.
2. Restricted Sale

3. Sublicense Provisions 

           (a)Personal purpose, 
           (b)Educational purposes and 
           (c)Business purpose,
Client will get a non-exclusive, everlasting, wide-reaching, non-transferable sublicense to use, reproduce or display the Product for the selected purposes.
4. Permitted Uses
 
  • Subject to the permitted use of content are given below which are obviously not for resale, license or other distribution: 
  1. Publicity and promotional projects; as well as presentations, film and video presentations, printed materials, catalogues brochures, promotional greeting cards and promotional postcards, product packaging, commercials, prints of posters in a hardcopy;
  2. Entertainment applications; for instance magazines, newspapers, editorials, newsletters, books and book covers, video, broadcast and theatrical presentations; and
  3. Any other uses approved in writing through E-mail by Fotonish. 
If there is any confusion about the proposed use of Permitted Use, you must contact Fotonish’s through Info@fotonish.com for help. 
 
5. Prohibitions
  • Client cannot provide sublicense, sell, allocate, pass on or transfer any of the Product and modified Product or as individual files or as element of an online record or any other record, or any plagiaristic product containing the Product rights under this agreement. Client cannot publish the Product or modified Product in such way that would permit anyone to download, make a copy or right to use the Image as an individual file. 
  • Client cannot placement the Product online in downloadable system, placement the Product on an electronic bulletin board, or enables the Product to be disseminated via Mobile phone devices.
  • Client cannot exploit, copy, exhibit or allocate the Product (including, without restriction, by itself or in arrangement with any other work of authorship) in any way that is vilifying or defamatory or, offensive.
  • Such source code is strictly prohibited to the extent that source code is restricted within the Content, reverse engineer, decompile, or disassemble. 
  • Client cannot download or store the Product on more than one computer at the same time, with the exception of that the Client can make a single backup duplicate which can be stored on media separate from the single acceptable workstation or computer.
  • Client cannot exploit, copy, exhibit or allocate the Product in connection with any goods or services intended for resale or sharing which prime value lies in the Product itself, as well as, without limitation, mugs, t-shirts, posters, greeting cards, posters or other merchandise, and any of the preceding in "print on demand" or substantial or electronic formats, as related is restricted;
  • Client must not integrate the Product into a trademark or service mark on his/her own purpose. 
  • Client must not apply the Product such a way that abuse any law, rule or act in an appropriate jurisdiction. 
  • Client must not apply the Product in an editorial manner, without the following credit adjoining to the Image: "© [Photographer's name] / Fotonish” (the “Copyright Notice”). 
  • Client cannot take any action against in association with the Product that violates the rational property or other rights of any person or entity, including, the ethical rights of the originator of the Product and the rights of any person, or any person’s property, come into view in the Product. 
  • Client cannot use the Product in a manner that put any person in the photo in a awful or bad light or portray them in a way that they may find offensive - this includes, but is not limited to: 

            A. The use of Images in pornography;

            B. Tobacco ads;

            C. Ads for adult entertainment clubs or similar venues, or for escort or similar services;

            D. Political endorsements;

            E. Uses that are defamatory, or contain otherwise unlawful, offensive or immoral content.

6. Payments and Pricing
  • Client must have a PayPal account for all transactions with Fotonish. 
  • Client has to pay to Fotonish a sublicense fee in accordance with Fotonish’s Standard pricing and payment policies.
7. Ownership and Retention of Rights
  • Client admits and agrees that Fotonish and/or its licensor retain all rights, title and interest in and to the Product (except for the rights granted pursuant to this Agreement), and that neither title nor any ownership interest in or to the Product is transmitted to the Client by virtue of this Agreement.
8. Representations and Warranties
  • Every Fotonish Client hereby represents and warrants that he/she has the right to enter into this Agreement. 
9. Indemnification Issue
  • The client agrees to assure, protect and hold undamaging Fotonish and its affiliates, 
 
            a.  from and against all claims, expenses (including attorney fees) or other liability arising from the Client violate of any of his or her representations, warranties or responsibility under this Agreement, and 
 
            b.  from all uses of the Product, including, without limitation, any claims or actions based on violation of intellectual property rights, defamation, right of privacy or "false light", right of publicity or blurring or misrepresentation or adjustment whether or not on purpose. 
  • Fotonish can have the right, in its sole judgment, to control the protection of any claim or action subject to indemnification by the Client with guidance of its own choosing. The client can fully assist with Fotonish in the defense of any such claim or action.
 
 10. Limitations and Disclaimer
  • The client agrees that neither Fotonish nor its associates is  responsible for any damages, whether direct, incidental, indirect or significant, arising from any use or non-use of the Product, even if such parties have been advised, or advised of the possibility, of such damages. 
  • Client acknowledges that Fotonish generally does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some Products. Client will be responsible for such releases. 
  • Client admits that Fotonish generally does not have releases from property owners, manufacturers or designers of commercial products such as (without limitation) automobiles, aircraft, packaged products, designer clothing, etc. that are portrayed in some Product.
11. Term and Termination
  • Fotonish may at any time terminate this Agreement with respect to any Product in the event of any violation by the client of any of his or her representations, warranties or obligations under this Agreement.
  • Client can at any time terminate this Agreement. Every Fotonish Client must notify Fotonish whenever he or she terminates the Agreement.
  • Fotonish has the right, in its sole judgment, to reject the downloading of any Product from the website.
  • After termination of this agreement, client’s data will be reserved for a 3 months’ time in Fotonish. After this time period, Fotonish will not be responsible or liable for data (purchase, query, mails e.t.c). 
  • If termination of a license for any particular Product occur, the client should immediately stop using such Product, demolish, return the Product to Fotonish according to the request of Fotonish, delete or remove the Product from its site, computer systems and storage (electronic and physical), and shall ensure that its clients and customers do the same. 
  • Client must certify in writing to such destruction of the Product, imitative Products and related resources at Fotonish’s request.
  • Termination of this Agreement shall not relieve the client from any payment responsibility that may have occurred prior to such termination.
12. General Provisions
  • Without consider to any conflict of laws of the State of Texas principles, this Agreement shall be administrate by and interpret in accordance with the laws. Any legal action relating to this Agreement shall be establish in a court of proficient subject matter jurisdiction in the federal or state courts of the State of Texas, and the Client and Fotonish each submit to the personal jurisdiction of such court and both parties will be bound to accept the decision of the federal or state court of the State of Texas. 
  • Fotonish or client, neither party does not have any power to bind or force the other in any way. The relationship is of independent contractors, between Fotonish and the client under this Agreement. So the parties are not joint ventures, partners, principal and agent, or employer and employee or bound to each other in any way. 
  • In connection with the license granted to client under this Agreement, client agrees that he or she shall be responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction. 
  • To assign whichever or all of its rights or requirements under this Agreement, Fotonish has the right, in its sole judgment. The client has no right to assign any of his or her rights or requirements under this Agreement. 
  • All other terms and conditions of this Agreement will be still remaining in full force and effect, if any term or provision of this Agreement is against the law, invalid or illogical. 
  • The highlighted headings that are restricted in this Agreement is for convenience of reference only and has no affect any how in the interpretation of this Agreement. 
 
(EXTENDED LIECENSE)
  • If any client wants exclusive right of using the product, he or she can request for "extended" rights, preventing other customers from using the same image for a specified length of time or in the same industry. Such sales can demand additional price of that Product, because they tend to be high-exposure and because Fotonish is auctioning the royalty-free images, that the image would not have made more money had it remained in circulation. 
  • Client has to contact with Fotonish through E-mail to get an extended license to use the Product exclusively.   

13. Contact

If client have further query relating to this Agreement, please contact Fotonish at info@fotonish.com.

 

14. Acknowledgement

CLIENT ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF FOTONISH AGREEING TO PROVIDE THE CONTENT, HE/SHE AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. CLIENT FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE CLIENT AND FOTONISH, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN CLIENT AND FOTONISH RELATING TO THE SUBJECT OF THIS AGREEMENT. 

 

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    Fotonish cautiously selects all of its imageries, ensuring every photo submitted by contributors hold all the legal and valid authenticity. Every contributor has to compulsorily agree to our Terms & Conditions before selling images. Thus, Fotonish will not be liable for any illegitimate use of images by any of the contributors.

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