Term and Conditions to licensing reproduction rights

  1. General
    1. This is a legal and binding agreement between you and Fototeca 9 POR 12 S.L., relating to the use of licensing images on this website. Please carefully read this agreement before downloading any Image from this site to your computer. As soon as you click on the "Accept" option you agree to be bound by the terms and conditions of this Agreement. If you do not agree with the Terms and Conditions of this agreement, do not use or download the Images contained in this site.
    2. When you download or receive Images from Fototeca 9 POR 12 S.L. via slides or any other medium, you agree to and accept all the terms of this Agreement.
    3. If your actions are on behalf of your employer or other third parties, then all the Terms and Conditions of this Agreement apply to you and your employer or other third party.
    4. Images are not to be used in any manner without expressed permission from Fototeca 9 POR 12 S.L.. All Images are licensed under the Terms and Conditions as specified at time of purchase. No Image licenses are valid until Fototeca 9 POR 12 S.L. has received full payment. Image usage without prior payment and Fototeca 9 POR 12 S.L.'s express written authorization is a copyright violation. All rights not specifically granted are retained by Fototeca 9 POR 12 S.L.
    5. Images are not sold; their use is licensed and they remain the sole and exclusive property of Fototeca 9 POR 12 S.L. and the individual photographer, artist or illustrator.
    6. Images or Image files can not be distributed or re-sold independent from a product and may not be used in a manner allowing permanent storage or re-use by third parties. No licenses may be sublicensed, transferred or assigned. You agree not to make, authorize, or permit any use of any Image except as specifically set forth herein and on the invoice you will receive.
    7. Failure to comply with any of the provisions of this Agreement may result in immediate revocation of the license granted.
  2. Definitions
    In this Agreement the following terms have the following definitions:
    1. Reproduction: partial or full copying or publication of Images in any way. Reproduction also includes any type of partial or full distortion or manipulation of Images.
    2. Order: a computer generated form that includes the licencing rights of Images requested by you.
    3. Invoice: a computer generated form that includes the licensing rights of Images granted to you and the corresponding license fee.
    4. Licensing Budget: the licensing fee correponding to the licensing rights of Images previously requested in your order.
  3. Copyright Protection
    All Images are copyrighted. Fototeca 9 POR 12 S.L. and its licensors own all rights to the Images. No ownership or copyright in any Image shall pass to you by the issue of an Invoice. You must provide copyright protection for any Image represented by Fototeca 9 POR 12 S.L. Such copyright shall be immediately assigned to Fototeca 9 POR 12 S.L. The following credit line is required for any editorial use of an Image "(c) Fototeca 9 POR 12 S.L./Photographer, Year."
  4. Rights Granted
    Fototeca 9 POR 12 S.L. grants you and your employer, if you are licensing on behalf of your employer, a one-time non-exclusive (unless stated otherwise in the Invoice), non-sublicensable, non-transferable right to use the Image within the usage parameters stated in your Order and Invoice.
  5. Unauthorized uses, model releases and sensitive subject usage
    1. By the present Agreement, you are not granted the rights to:
      1. license, sell, publish or distribute any of the Images in whole or in part.
      2. create derivative works, being anything sourced from or referenced from a pre-existing Image.
      3. place the Images On-line in a downloadable or other similar format.
      4. use the Images or allow the use of the Images in any way that violates the right to privacy or publicity.
    2. Unless our invoice specifically indicates an Image has a model or property release, it is not to be construed that such a release exists.
    3. Fototeca 9 POR 12 S.L. gives no rights or warranties with regarding to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any Image. You are responsible for obtaining those rights or permissions required.
    4. You agree not to use any Image in a defamatory manner or context, either by changing it or by accompanying text. Prior written permission is required for use of Images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.
    5. You agree to protect Fototeca 9 POR 12 S.L. from any and all claims and expenses arising from any unauthorized use of an Image. If you use an Image prior to paying our invoice, or without our expressed permission regarding sensitive subjects, we will be relieved of any claim concerning the Image's use or publication because it was published without permission. Under all circumstances, our liability is strictly limited to the invoice price for the use of the Images involved.
    6. Without limiting Fototeca 9 POR 12 S.L.'s rights on the Images, any unauthorized use of Images constitutes copyright infringement entitling Fototeca 9 POR 12 S.L. to exercise all rights and remedies under applicable copyright laws and treaties.
  6. Restrictions on use
    1. You may not sublicense, sell, loan an Image to anyone or otherwise transfer the right to reproduce an Image except insofar as an Image has been included by you into one of the authorized uses as stated on your Invoice and nothing you produce shall grant, or purport to grant, to third parties a right to use or reproduce the Images. You hereby agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.
    2. Unless otherwise specified on the Invoice, Images are licensed on a non-exclusive basis and 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. No secondary advertising or commercial rights whatsoever are granted or implied unless specifically stated on the Invoice.
    3. All rights not specifically granted to you by this Agreement are reserved. Your right to reproduce an Image is subject to the restrictions set forth in this Agreement and is conditioned upon your full payment of the license fee prior to your reproduction of the Image.
    4. Fees for your license of an Image depend on the nature of the rights granted. You agree to notify Fototeca 9 POR 12 S.L. in the event that you desire to expand the usage of any Image and agree to pay any additional license fee.
    5. Use of an Image in a manner not specifically authorized by Fototeca 9 POR 12 S.L. constitutes copyright infringement.
    6. You are responsible for the verification of all information appearing in the License.
    7. Fototeca 9 POR 12 S.L. reserves the right not to license an Image for any reason whatsoever.
    8. Even though Fototeca 9 POR 12 S.L. makes all reasonable efforts to accurately caption the subject matter of each Image, Fototeca 9 POR 12 S.L. does not warrant that such information is accurate.
  7. Licensing for layouts and comps
    By means of this Agreement, Fototeca 9 POR 12 S.L. grants you personal, non-exclusive and non-transferable rights of Images to make sketches and samples only. You may only carry out one copy of the Images onto the hard drive of your computer for the limited purposes of examination and preliminary layouts and comps. These Images must be eliminated from your computer after use.
  8. Payment
    No licenses are granted until full payment of our invoice is received or after having payed the accepted budget. Payment of Fototeca 9 POR 12 S.L.'s invoices must be carried out with no discounts prior to the downloading or sending of Images in high resolution, always prior to the final use and /or commercialisation of the product in which they are included. Different conditions of payment must be authorised in writing by Fototeca 9 POR 12 S.L. Any disputes concerning the invoice must be submitted in writing, within five (5) business days of the invoice date, or you shall be deemed to have accepted the invoice as issued.
  9. Cancellation Policy
    By issuing a license for a Rights-Protected Image, Fototeca 9 POR 12 S.L. has reserved certain rights for use. If you decide not to utilize these rights, you must notify us in writing within five (5) business days from the date of the invoice thus being eligible for a complete refund. After this five (5) business day period, and up to thirty (30) days from the invoice date, you will be subject to a cancellation fee equal to fifty (50) percent of the invoice amount. Thirty (30) days from the date of the invoice, there will be no refunds issued and the invoiced amount must be paid in full. Credits due for cancellations will first be applied to any unpaid balance before refunds are issued.
  10. Warranty and limitation of liability
    Fototeca 9 POR 12 S.L. does not expressly or implicitly warrant, without limitations to, any implied commercial warranties or fitness for a particular purpose. Neither Fototeca 9 POR 12 S.L. nor its directors, officers, employees, partners, licensors, or agents shall be liable for any indirect, consequential, punitive, or incidental damages arising, or the inability to use an Image, even if Fototeca 9 POR 12 S.L. has been advised of the possibility of such damages. In any event, Fototeca 9 POR 12 S.L.'s limit of liability shall be represented by the fee paid for the particular Image.
  11. No waiver, complete agreement
    This Agreement constitutes the entire understanding of the parties pertaining to licensing reproduction rights on the Licensed Images. No terms or conditions may be changed or added unless made in writing and signed by both parties. No action of Fototeca 9 POR 12 S.L., other than an express waiver, may be construed as a waiver of any clause of this Agreement. In the event Fototeca 9 POR 12 S.L. waives any specific part of this Agreement, such fact shall not mean that any other part is waived.
  12. Arbitration
    1. This Agreement shall be interpreted, construed and governed by the laws of Spain, and all disputes arising under this agreement shall be submitted to the jurisdiction of the Courts and Tribunals of the city of Madrid, Spain.
    2. Should any clause of the present Agreement be found unenforceable, whenever possible this will not affect any other clause and each will remain in full force and effect.