Content License Agreement:

Last updated: January 5, 2024

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This is a licence agreement between Purchaser and Original Capturz that explains how Purchaser can use digital images that they license from Original Capturz. By downloading digital images from Original Capturz, the Purchaser accepts the terms of this agreement.

 

1. What types of licences does Original Capturz offer? Original Capturz offers three types of licence models: Royalty-Free, Rights-Ready and Rights-Managed. Royalty-free does not mean there is no cost for the licence. Instead, royalty-free means that the licence fee is paid once and there is no need to pay additional royalties if the content is reused. Royalty-free content is licensed for worldwide, unlimited, perpetual use, and pricing is based on the file size. Rights-ready and rights-managed content is licensed for specific types of use (exclusive or non-exclusive) and pricing is based on factors such as size, placement, duration of use and geographic distribution.

2. How can the Purchaser use licensed content? Purchaser may use licensed content in any way consistent with the rights granted below and not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to the Purchaser by Original Capturz are:

 

Royalty-Free:

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Perpetual, meaning there is no expiry or end date on Purchaser's rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Any and all media, meaning content can be used in print, in digital or in any other medium or format. Non-Exclusive, meaning that the Purchaser does not have exclusive rights to use the content. Original Capturz can license the same content to other customers. If a Purchaser would like exclusive rights to use royalty-free content, please contact Original Capturz to negotiate a buy-out.

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Rights-Ready/Rights-Managed:

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Limited to the specific use, medium, period of time, print run, placement, size of content and territory selected, and any other restrictions that accompany the content on the Original Capturz website (or any other method of content delivery) or in an order confirmation or invoice. Non-Exclusive, meaning that, unless otherwise indicated on the website, your invoice or separate agreement, the Purchaser does not have exclusive rights to use the content. Original Capturz can license the same content to other customers.

 

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of the Licensed Material. Please make sure you read the Restricted Uses section below for exceptions.

 

1. Restricted Uses.

   • No Unlawful Use. Purchaser may not use content in a pornographic, defamatory or other unlawful manner, to promote violence or hatred, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.

   • No Alteration of Editorial Content. Content marked “editorial” or “intended for editorial” may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but the Purchaser may not otherwise alter the content.

   • No Standalone File Use. Purchaser may not use content in any way that allows others to download, extract or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

   • No Sensitive Use Without Disclaimer. If the Purchaser uses content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), Purchaser must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, Purchaser could say: “Stock photo. Posed by model.” No disclaimer is required for content marked “editorial” or “intended for editorial” that is used in a non-misleading editorial manner.

   • No False Representation of Authorship. Purchaser may not falsely represent that they are the original creator of a work that is made up largely of licensed content. For instance, Purchaser cannot create artwork based solely on licensed content and claim that they are the author.

2. Restricted Uses - unless an additional licence is purchased. The following are prohibited without the prior written consent of Original Capturz and payment of an additional licence fee:

   • No Commercial Use of Editorial Content. Unless explicitly authorized in a Original Capturz invoice or licence agreement, Purchaser may not use content marked “editorial” or “intended for editorial” for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses, or merchandising purpose. This type of content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics.

   • No ‘On Demand’ Products. Unless explicitly authorized in a Original Capturz invoice or licence agreement, Purchaser may not use content in connection with “on-demand” products (e.g., products in which a licensed image is selected by a third party for customization of such product on a made-to-order basis), including, without limitation, greeting cards, ceramic mugs, mens, womens, kids, baby clothing, wall calendars, tote bags, phone cases, and wall art.

   • No Electronic Templates. Unless explicitly authorized in a Original Capturz invoice or licence agreement, Purchaser may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).

   • No Use in Trademark or Logo. Unless explicitly authorized in a Original Capturz invoice or licence agreement, Purchaser may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, Purchaser shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by Original Capturz, our customers, or the copyright owner of such content).

   • No Machine Learning, AI, or Biometric Technology Use. Unless explicitly authorized in a Original Capturz invoice or licence agreement, Purchaser may not use content (including any caption information, keywords or other metadata associated with content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Additionally, Original Capturz does not represent or warrant that consent has been obtained for such uses with respect to model-released content.

   • No Metadata Exploitation. Unless expressly authorized by Original Capturz, Purchaser may not use the caption information, keywords, accompanying text, or other metadata associated with content separate and apart from the content, or allow any third parties to access or use any such information associated with content.

   • No NFT Use of Editorial Content or Rights-Ready Video Content. Unless explicitly authorized in an Original Capturz invoice or licence agreement, Purchaser may not use any items of content marked “editorial” or “intended for editorial” or any rights-ready video content in connection with an immutable digital asset intended for sale or other distribution (such as a non-fungible token).

3. Who, besides Purchaser, can use the licensed content? The rights granted to Purchaser are non-transferable and non-sublicensable, meaning that Purchaser cannot transfer or sublicense them to anyone else. There are two exceptions:

   • Employer or client. If Purchaser is purchasing on behalf of their employer or client, then the Purchaser's employer or client can use the content. In that case, the Purchaser represents and warrants that they have full legal authority to bind their employer or client to the terms of this agreement. If Purchaser does not have that authority, then their employer or client may not use the content. The rights purchased may only belong to the Purchaser or their employer/client, depending on who is named as the “Licensee” at the time of purchase. In other words, if the Purchaser procures a royalty-free image, only one of you (and not both) may reuse that image for multiple projects.

     • Sharing and Storage Restrictions for Royalty Free Content. Please note that sharing and storage restrictions apply for royalty-free content. Up to 10 individuals (total, not at any given time) may use an item of content, and all individuals must be from the same legal entity; however. Purchaser may make Royalty Free content available for viewing by any of their employees, clients and subcontractors. There are no restrictions on where each individual may store the content. The raw file of content may not be provided to anyone outside of Purchaser's legal entity other than subcontractors. If Purchaser requires content to be available to more than 10 users, please contact Original Capturz to purchase rights for additional users. If Purchaser is downloading content under a committed solution, unless renewed prior to the end of their term, all sharing rights terminate at the end of the term and all content must be removed from their shared server, digital asset management system or other storage system and stored only on individual devices. 

   • Subcontractors. Purchaser may allow subcontractors (for example, their printer or mailing house) or distributors to use content in any production or distribution process related to their final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.

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