Travelingstock.com - Terms of Uses


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This Licensing Agreement (this "Agreement") is made effective as of [date] (the "Effective Date") between Piccaya sprl - Vat: BE 461-715-743 120 - rue Royale, 1030 Brussels - Belgium ("Licensor") and You [Licensee, Address of Licensee, City of Licensee, Country of Licensee Postal Code of Licensee] ("Licensee"). This Agreement constitutes a legal and binding contract governing the use of images the Licensee has downloaded from Travelingstock.com (“Gallery”).

CONTENT OF LICENSED MATERIALS

The materials that are the subject of this Agreement shall consist of pictures downloaded form our Gallery (hereinafter referred to as the "Licensed Materials").

Licensee and its Authorized Users acknowledge that the copyright and title to the Licensed Materials and any trademarks or service marks relating thereto remain with Licensor and/or its suppliers.

Licensor hereby grants to Licensee non-exclusive use of the Licensed Materials and the right to provide the Licensed Materials to Authorized Users in accordance with this Agreement.

LICENSE

By download of images from the gallery, the Licensee warrants and attests that:

• the Licensee is of the age of majority.
• The information the Licensee provides to the Licensor is accurate and true.
• the Licensee has read, understands, and agrees to abide by and be bund by all of the terms in this Agreement.

COPYRIGHT

It is understood that the photographers responsible for the original creation of the images in the Gallery own and retain all rights, including copyright and other intellectual property rights to their respective images.

STANDARD LICENSE

Under this License, you may use an Image in one design project and must repurchase/redownload the image for use in a second project.

PERMITTED USES FOR STANDARD LICENSE

• Website design for yourself, your company, or a single client (see also Extended License) / Display. Licensee shall have the right to electronically display the Licensed Materials.
• Online or print articles
• Print Copy. Licensee may print a reasonable portion (up to 500 000 copies) of the Licensed Materials.
• Electronic Links. Licensee may provide electronic links to the Licensed Materials from Licensee's web page(s), and is encouraged to do so in ways that will increase the usefulness of the Licensed Materials.
• Marketing and advertising, including online and print ads, signs, flyers, and brochures
• Presentations
• Catalogues, books, magazines, newspapers, newsletters, and other print publications (Including Travelingstock.com copyright and the name of the photographer)
• Movies, including retail DVDs, publicly televised broadcasts, and video presentations
• Email
• Avatars, signatures, and personal greetings on a message board
• Course Packs. Licensee may use a reasonable portion of the Licensed Materials in the preparation of Course Packs or other educational materials.
• Design of a CD or DVD cover
• Business cards and stationery for yourself, your company, or a single client (see also Extended License)
• Limited run to 500.000 copies

If unsure about the permitted uses for this License, please email us

EXTENDED LICENSE

This License primarily covers situations in which the Images are incorporated into the design of a product for distribution in the free or retail market. Under this License,the Licensee may use the image in the design of one product. To use this License, the Licensee must select the Extended License Fee product when adding an image to the cart. To use the same image in a second project, the Licensee must repurchase/redownload the photo, along with a second Extended License. (Ex.: You may purchase the Extended License for an image and use the image on mousepads for retail distribution. To use the same image on mugs, you will need to purchase the photo again, as well as another Extended License.). There is no limit to the number of copies of the product that may be distributed under this License. If an Image does not show that an Extended License is available on its details page, then that photo may only be used under the Standard License.

PERMITTED USES FOR EXTENDED LICENSE

• Permitted uses for Standard License
• Website templates
• Art prints and framed art
• Apparel (i.e., t-shirts, caps, ...)
• Technology products (i.e., software, mousepads, screensavers, desktop backgrounds)
• Household products (i.e., clocks, mugs, dishes, flags, calendars)
• Bumper stickers
• Postage stamps
• Electronic or paper greeting cards
• Business cards and stationery design businesses
• Product packaging
• Print, unlimited run

If unsure about the permitted uses for this License, please email us

SPECIFIC RESTRICTIONS ON USE OF LICENSED MATERIALS

Unauthorized Use. Licensee shall not knowingly permit anyone to use the Licensed Materials.

Modification of Licensed Materials. Licensee shall not modify or create a derivative work of the Licensed Materials without the prior written permission of Licensor.

Removal of Copyright Notice. Licensee may not remove, obscure or modify any copyright or other notices included in the Licensed Materials.

Licensee may not use the images to promote hatred, violence, racism, sex, treason, terrorism, slander, obscenity, or immorality.

Licensee may not use the images in a way that violates any law or regulation of any country, state, or other governmental entity.

Licensee may not sell, share, subLicense, assign,give, or otherwise transfer or distribute our images where the image is detached from a derivative design, including posting our images on a network server, web server, or other electronic media device with the intention of file sharing or including our images in another digital photo collection either online, in print, or in a photo collection CD.

Licensee may not imply that the Images aretheir own or claim copyright, intellectual property rights, or other rights to the Images.

ACCESS BY AND AUTHENTIFICATION OF THE LICENSEE

• IP Addresses. Licensee shall be identified and authenticated by the use of Internet Protocol ("IP") addresses provided by Licensee to Licensor.

• Passwords. Licensee shall be identified and authenticated by the use of usernames and passwords assigned by Licensee. Licensee shall be responsible for issuing and terminating passwords, verifying the status of Authorized Users, providing lists of valid passwords to Licensor and updating such lists on a regular basis.

• Public keys/Certificates. Licensee shall be identified and authenticated by means of public-key and X.509 certificates.

• Developing Protocols. Licensee shall be identified and authenticated by such means and protocols as may be developed during the term of this Agreement.

TERMINATION OF AGREEMENT

This Agreement shall remain in effect unless and until:

a.Licensee voluntarily ceases using the Image and destroy all possessed copies.

b. Licensee fails to comply with any of the terms of this Agreement, in which caseLicensee agrees to cease using theImage, destroy all possessed copies of theImage, make reasonable efforts to recall all copies of the Iimage Licensee may have distributed and,upon request, confirm to us in writing that all these requirements haved been fulfilled.

c.Licensor elects for any reason at a later date to revoke the License granted by this Agreement and provides an opportunity forLicensee to select another Image in its place. Upon cease use notice from Licensor, Licensee agrees to discontinue using the Image, to destroy all possessed copies of the Image, and to make efforts to recall all copies of the image Licensee may have distributed within reason, to include derivative works.

LIMITED REPRESENTATION, INDEMNITY, AND WARRANTY: WHILE WE HAVE MADE REASONABLE EFFORTS TO INCLUDE IN OUR GALLERY IMAGES OF THE HIGHEST QUALITY POSSIBLE, IT IS UNDERSTOOD BY YOU THAT OUR IMAGES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.TRAVELINGSTOCK.COM (PICCAYA SPRL), DOES NOT REPRESENT OR WARRANT THAT OUR IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND USABILITY OF OUR IMAGES IS WITH YOU. SHOULD AN IMAGE PROVE DEFECTIVE, YOU, NOT TRAVELINGSTOCK.COM (PICCAYA SPRL) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS. TRAVELINGSTOCK.COM (PICCAYA SPRL) FURTHER MAKES NO REPRESENTATION OR WARRANTY WITH REGARD TO YOUR USAGE OF OUR WEBSITE, THAT IT WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF COMPUTER VIRUSES OR OTHER DAMAGING MATERIALS. WHEN YOU LOG INTO YOUR ACCOUNT AT OUR WEBSITE, ACCESS OUR WEBSITE, AND DOWNLOAD MATERIALS FROM OUR WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO FULLY INDEMNIFY AND HOLD HARMLESS TRAVELINGSTOCK.COM (PICCAYA SPRL) ITS EMPLOYEES, DIRECTORS, MANAGERS, OFFICERS, ANY OTHER ENTITIES ASSOCIATED WITH TRAVELINGSTOCK.COM (PICCAYA SPRL) ITS SUCCESSORS, LICENSEES, AND ASSIGNS, FREE AND HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, LOSSES, DAMAGES, AND EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, ARISING IN CONNECTION WITH YOUR USE OF THE IMAGES AND THIS WEBSITE OR OF ANY BREACH OR ALLEGED BREACH OF REPRESENTATION, WARRANTY, OR OTHER PROMISE MADE IN THIS AGREEMENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY. THEREFORE, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HAVE SPECIFIC RIGHTS UNDER THIS WARRANTY, BUT YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION.

This Licensing Agreement expresses the parties' entire understanding and agreement and that Travelingstock.com (Piccaya sprl) reserves the right to modify this Agreement at any time without notice.

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