Standard License Agreement
The following is a legal agreement between you, as individual licensee (hereinafter as “you”) and Giuliano Images acting as the licensor hereunder (hereinafter as “Giuliano Images”), and determines terms and conditions under which you use my photos (hereinafter as “Image” or “Images”) purchased here or otherwise made available to you by me. By purchasing any Image, you agree to be bound by the terms of this agreement (hereinafter as “Agreement”).
This is an individual license authorizing one natural person to purchase images for their intended use within the restrictions of this License.,
Giuliano Images reserves the right to make changes, additions, corrections and edits to this Agreement in separate parts or in whole at any time and you agree to be bound by such changes. Such changes are legitimate and effective from the moment of their publication. If, for whatever reason, you disagree with this Agreement and do not accept its terms, you may not enter the website and order Images.
THE STANDARD LICENSE TO IMAGES
The Standard license allows you to use the Image for the creation of all kinds of items (except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds value to it).
DESCRIPTION OF LICENSE TO IMAGES
Subject to the terms and conditions herein, Giuliano Images grants you a non-exclusive, perpetual, worldwide, non-transferable and non-sublicensable license to use the Image within the scope of permitted uses.
INTELLECTUAL PROPERTY RIGHTS
Giuliano Images’ licenses do not not entitle you to the Images’ copyright and/or intellectual property rights, which rights are reserved in their entirety by and for Giuliano Images. All copyright and/or other intellectual property rights to the Images are reserved by Giuliano Images.
PROSCRIBED USES OF IMAGES
You may not:
- Make the Image available for free download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing;
- Transfer, resell, sub-license, rent, donate or otherwise transfer the Image or rights to it to third parties;
- Сreate conditions under which the Image may be extracted from a product or content;
- Allow third parties access to the Image for further use;
- Use the unmodified Image in an e-format with resolution larger than the display resolution of the intended viewing device;
- Use the Image to create an official logo, company name, trademark or otherwise register any intellectual property rights in and to the Images with any governmental authority or non-governmental organization;
- Use the Image in a way that infringes the Image’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;
- Use the Image for SPAM mailings;
- Use the Image in a way that competes with the Giuliano Images business;
- Display, use or post the Image in a way that would lead to the conclusion that the model in the Image approves of or endorses the items or services of any venture or trademark;
- Show a person depicted in the Image in sensitive scenarios that could reasonably be considered offensive or unflattering to that person (e.g., related to mental and physical deficits, sexual or implied sexual activity or preferences, crime, physical or mental abuse or ailments);
- Use the Image for pornographic, illegal or immoral purposes;
- Use the Image in items or products that could embarrass or humiliate a person or model in the Image;
- Use the Image for advertisement or promotion of tobacco or alcohol products;
- Display, use or post the Image in a way that would lead to the conclusion that the model in the Image approves of or endorses any political party, policy, candidate, or elected official.
Any forbidden use of the Image shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. Also, Giuliano Images reserves the right to recall your license of any Image you have used in a manner considered as copyright infringement.
- You warrant and guarantee that you have the full right and authority to enter into this Agreement. If you do not have such a right and authority, all your Site activity will be considered a breach of this Agreement.
- The validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters shall be governed by the internal laws of the Commonwealth of Massachusetts(without reference to choice of law doctrine). Any legal action or proceeding concerning the validity, interpretation and enforcement of this Agreement, matters arising out of or related to performance or breach of this Agreement, and related matters, shall be brought exclusively in the State or Federal courts located in the Commonwealth of Massachusetts, Berkshire County.. All parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues.
- This Agreement constitutes the entire agreement between you and Giuliano Images with regard to the subject matter hereof. No waiver, consent, modification or change of terms of this Agreement shall bind Giuliano Images unless in writing signed by Giuliano Images. By entering into this Agreement, you waive terms set forth in any similar document that are in addition to or at variance with the terms of this Agreement. All such terms are considered by Giuliano Images as significant changes of this Agreement and are rejected. If you execute a separate agreement with Giuliano Images, concluded with a wet stamp, Giuliano Images has the right to change the list of permitted and forbidden ways of using the File. Any such changes will be described and recorded in the amended agreement; however, these changes will not be made to the common Agreement published on the Site.
- If Giuliano Images commences any action or proceeding against you to enforce or interpret this Agreement, Giuliano Images shall not be liable for any fees, expenses and attorneys’ fees (including all related costs and expenses), incurred in connection with such action or proceeding and in connection with obtaining and enforcing any judgment or order thereby obtained.
- This Agreement and the rights and obligations hereunder, may not be assigned, in whole or in part by you, without the prior written consent of Giuliano Images, and any unauthorized assignment or transfer shall be prosecuted.
- This Agreement and all related documents are written in English. Any translation hereof or of any versions in a language other than English shall be for convenience only. In the event of any discrepancy between this English version and any other version, the English version shall supersede.
- Captions and headings contained in this Agreement have been included for ease of reference and convenience and shall not be considered in interpreting or construing this Agreement.
BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO ENTERING INTO THIS AGREEMENT. IN CONSIDERATION OF GIULIANO IMAGES AGREEING TO PROVIDE THE IMAGES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.