About

License Agreement

Introduction

This agreement defines the terms and conditions between Black Sky Symmetry, Inc. who publishes Content on its online platform www.ImageBasedLife.com  (“Website”, “IBL”) and you or the employer or other entity on whose behalf you are entering into this agreement (“you”, “user”)  regarding the usage of contents provided by the “www.ImageBasedLife.com“. Please read this agreement accurately before you start downloading any contents. If the user („you“) executes an ordering, it is a legally binding agreement between the user („you“) and the “www.ImageBasedLife.com“ about the following licensing agreement. You also agree to this licensing agreement by just using any of the contents that was provided by “www.ImageBasedLife.com“.  IBL reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. If you do not agree to these Terms of Use and License Agreement, do not download or use any Content.

1. Definitions and Inclusions of this Licensing Agreement

„Agreement“ means this content and licensing agreement.

„Content“ means any element of images, film, digital video, any visual representation or file, including background images and HDR-images, being produced optical, electrical, digital or by any other method, without restriction to negative images, slides, copies or prints of the original digital files. It also means any other medium or material downloaded by the user or purchased goods from the Website together with any accompanying material which the user properly purchases from IBL, or which the user obtains, directly or indirectly, from IBL.

„Allowed Usage“ means the allowed usage of the content as described in § 4.

„User“ means any person who downloads or uses contents from Website.

„Website“ means any domains of the “www.ImageBasedLife.com“ and any subdomains of these domains.

2. License Terms

IBL hereby grants to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses defined below. Unless the activity or use is a Permitted Use, you cannot do it. All rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by IBL.

3. Permitted Uses

a. Samples of Content may be downloaded for free if there is such option. These Content samples are intended for personal, educational or testing purposes only and may not be used in commercial projects. For use in commercial projects Content needs to be purchased.

b. You may only use Content for the Permitted Uses as defined in 2d. In addition, the work you produce with the Content must be used for yourself, your direct employer, client, or customer, who must be the end user of your work.

c. Location Restrictions. You may install and use Content in only one (1) location at a time, although you may transfer files containing Images or Derivative Works to your clients, render farm or printers for the sole purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use Content. You are entitled to utilize the Permitted Uses an unlimited number of times. You may physically transfer Content and its archives from one location to another, in which case you may use Content at the new location instead. If you require Content to be in more than one location, you must purchase Content from the Website for each such location. You may make one (1) copy of the Content solely for back-up purposes.

d. Permitted Uses. The following are ‘Permitted Uses’ of the Content (subjected to the restrictions described under Prohibited Uses below):

1.advertising and promotional projects, including printed materials, product packaging, presentations, architectural renders, film and video presentations, commercials, catalogues, brochures;

2.entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;

3.online or electronic publications, including web pages

4.prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution;

5.any other uses approved in writing by IBL

If there is any doubt that a proposed use is a Permitted Use, please email info@imagebasedlife.com for clarification.

e. Please contact IBL for a multi-user (group) license if you need to use the Content over a network for multiple users.

f. Special License

Please note that special licensing is available from IBL in order to obtain additional rights (beyond the rights outlined above).

4. Restriction

This section spells out the IBL license prohibitions. You may not do anything with the Content that is not expressly permitted in the preceding section.

For clarity, you may not:

a. sub-license, re-sell, repackage, rent, lend, give, assign, donate or otherwise redistribute Content or the rights granted under this Agreement. This includes bundling the Content with a 3D scene, 3D model or map intended for resale, license or other distribution;

b. use Content in ‘Second Life’ or any other online user generated online worlds or distribute or sell them within these worlds.

c. release Content under an Open Source license, for example Creative Commons, GPL;

d. use Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;

e. use or display Content on websites or in connection with any service designed to sell or induce sales of “print on demand” products using or incorporating Content, including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items;

f. incorporate Content in any product that results in a redistribution or re-use of Content (e.g., online greeting cards, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce Content as an electronic file;

g. incorporate or bundle Content with software such as paint programs, 3D programs, photo-kiosk software;

h. install and use Content in more than one (1) location at a time or post a copy of Content on a network server or web server for use by other users. You agree to take all commercially responsible steps to prevent third parties from duplicating any Content;

i. use or display Content in an electronic format that enables it to be shared in any peer-to-peer or similar file sharing arrangement;

j. use Content in a manner that competes with IBL business. This includes, without limitation, displaying IBL Content in any format (including thumbnails) for download on a website, offering IBL Content for sale;

k. use the Content as the main motive in any type of publication, whether electronically or physically. All Content is to be used as background motives into which the main motive is to be inserted. Failure to comply with this clause may be met with claims for compensation, remuneration and/or damages according to applicable law.

l. use Content in a fashion that is considered obscene, immoral, infringing, defamatory or libelous in nature;

m. use automated programs, applets, bots or the like to access the ImageBasedLife.com Website or any Content thereon for any purpose, including, by way of example only, downloading Content, indexing or caching the Content on the Website;

5. Term and Termination

a. This Agreement is effective until it is terminated. You can terminate this Agreement by destroying or deleting the Content and any permitted derivative works, along with any copies or archives of it or accompanying materials, if any, and ceasing to use Content for any purpose.

b. IBL may terminate this Agreement without notice if at any time you fail to comply with any of its terms. Upon termination, you must immediately cease using Content and for any purpose; destroy or delete all copies and archives of Content or accompanying materials; and if requested, confirm to IBL in writing that you have complied with these requirements.

6. Representation and Warranties

a. IBL warrants that unaltered Content downloaded and used in full compliance with this Agreement and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Content violate any third parties’ rights of privacy or publicity.

b. Other than as expressly provided in Section 5(a), the Content are provided “as is” without representation, warranty or condition of any kind, either express or implied, including fitness for a particular purpose. IBL does not warrant that Content will meet your requirements or that the use of the Website will be uninterrupted or error free. The entire risk as to the quality and performance of Content is with you.

c. In no event shall IBL or any of its affiliates, or employees be liable for any incidental, indirect, punitive, exemplary or consequential damages whatsoever, including damages for loss of profits, interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, loss, action, suit, damage or other proceeding arising under or out of this Agreement, including without limitation your use of, reliance upon, access to or exploitation of the IBL website, the Content or any part thereof, or any rights granted to you hereunder, whether the action is based on contract, tort (including negligence) or otherwise.

7. Delivery

a. After Payment you will have access to the Content by means of a download link on the IBL Website.

b. When purchasing several images at the same time and/or making a payment by credit card it might take up to 24 hours before you have access to the full resolution images.

8. Privacy

a. IBL respects your privacy and does not disclose personal information of the user. Any information submitted by the User will be used solely for the purpose of completing the transaction, delivering the product and addressing any customer service issues.

9. Miscellaneous Provisions

a. IBL failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

b. This Agreement is personal to you and is not assignable by you without IBL prior written consent. IBL may assign this Agreement without your consent to any other party.

c. If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.

d. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the IBL Images, pursuant to this Agreement.

e. In the event that you breach any of the terms of this Agreement or any other agreement with IBL relating to the IBL  Images, IBL shall have the right to terminate your account without further notice. Such termination shall be in addition to IBL other rights at law and/or equity. IBL shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of such breach.

f. This License shall be governed by and construed in accordance with the laws of California State, without regards to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue and situs in California.

g. This Agreement is prepared and executed in the English language. The English language version shall govern the parties’ relationship. Any translation of this Agreement into other languages shall be for informational purposes and shall have no legal effect.

1. Contact:

Any questions relating to our License Agreement may be directed to info@imagebasedlife.com

1. Acknowledgement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF IBL AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND IBL, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND IBL RELATING TO THE SUBJECT OF THIS AGREEMENT.

© Black Sky Symmetry, Inc. 2014 , www.ImageBasedLife.com.  All rights reserved.