CONTENT USE AGREEMENT
These terms and conditions set out the terms and conditions between the client, “you”, and Väter Photo, “us”, “we”, “VP”, governing the use of our website and our downloadable digital content including the purchasable content therein (the “products”). Your use of our website, and purchase, download and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website to purchase, download or use any of our products from our website. If you are interested in our services or products without being bound by these terms, please contact us.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. IN CONSIDERATION OF Väter Photo 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 Väter Photo, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND Väter Photo RELATING TO THE SUBJECT OF THIS AGREEMENT
License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use. You may only use the Content for personal use only on your personal devices only. You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sub-license, rent out, share or otherwise distribute any of our products, to any third party. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Only you are permitted to use the Content for personal use, although you may transfer files among your personal devices such as phone, tablet, laptop or desktop computer. You are not allowed to share your digital copies with any other party. Doing so is a breach of these terms and may prompt legal action against you.
Your purchase of digital copies releases VP and the photographer from any liability due to loss or damage of the images, and also releases VP and the photographer from any obligation to maintain copies of any digital file, image, or photograph. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation. You understand that digital content will be provided to you in a case-by-case basis. VP reserves the right to change the available content at any time, without notice. VP and the photographer retain all copyrights to the images and derivative works thereof.
Väter Photo and the photographer retain the copyright to all images, per USC Title 17 (US Copyright Law).
The products, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time. Purchase of Digital Files are final and not returnable or refundable. Print and shipping times will vary based on, but not limited to, individual printers, settings, and/or environmental conditions.
Standard License Prohibitions
(1) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, here are a few examples of "Prohibited Uses" bound under these terms. We reserve the right to change/alter/add/remove any prohibited uses at our discretion, without notice. VP and the photographer retain all copyrights to the images and derivative works thereof.
use the Content in design template applications intended for resale, whether online or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, broadcast and theatrical presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
online or electronic publications;
use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites);
use the Content in entertainment applications, such as books and book covers, magazines, newspapers, editorials and newsletters;
use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
use the Content in a fashion that is considered by Väter Photo (acting reasonably) as or under applicable law is considered obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
either individually or in combination with others, reproduce the Content, or an element of the Content, in which event you shall be required to pay a royalty fee of Väter Photo reasonable discretion for each and every reproduction.
If the Content is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Content contrary to the terms of this Agreement, and (ii) in such event, upon Väter Photo's request, you shall remove any Content from such platform or website.
We make every effort to ensure that our products are accurate, authoritative, and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
Terms of Agreement
(1) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates, with or without notice from Väter Photo, if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose and (ii) destroy or delete all copies and archives of the Content or accompanying materials. Väter Photo and the photographer retain the copyright to all images, per USC Title 17 (US Copyright Law).
(2) We love to photograph models, and they have rights too. Upon notice from Väter Photo, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which Väter Photo may be liable, or a model requests their images removed from Väter Photo's website, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your devices, computer systems and storage (electronic or physical). Väter Photo shall provide you with replacement Content (which shall be determined by Väter Photo in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
(2) Väter Photo’s 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.
(3) This Agreement is personal to you and is not assignable by you without Väter Photo’s prior written consent.
(4) The parties have agreed that this Agreement and all related documents be drawn up in English.
If you have concerns relating to this Agreement, please contact Väter Photo via our Website.