Terms and Conditions of Use
These Terms and Conditions govern your use of the dp-PhotoStock Services and Stock Content (as defined below). All rights and licenses granted to you under these dp-PhotoStock Terms and Conditions are subject to your compliance.
1. Definitions
1.1 "Images (or Image")" means both photographs and illustrations designated as dp-PhotoStock content.
1.2 "Stock Content (or Stock Contents)" means one or more Images.
1.3 "Website(s)" means dp-PhotoStock Services available at www.dp-photostock.com (or successor URL).
1.4 "dp-PhotoStock" means all services and content for use, as well as all downloads of Images included on the Website www.dp-photostock.com (or successor URL), created by David Izquierdo Roger, (aka davizro photography), as the author and holder of all artistic, exploitation and promotional rights to the aforementioned Website www.dp-photostock.com (or successor URL).
2. Ownership.
Except as granted in these Terms, dp-PhotoStock retains all rights, title and interest in and to the Stock Contents. No title or ownership interest in or to the Stock Contents is transferred to you under the Terms and Conditions.
3. License Conditions and Specific Restrictions Applicable to the Image(s).
3.1 Standard License and specific restrictions for the Image(s). The license described in this Section 3.1 is referred to as the "Standard License".
(A) Standard License for Images. With a Standard License, we grant you a non-exclusive, perpetual, worldwide, non-transferable (except as set forth in Section 4 (Additional Rights)), non-sublicensable license to use, reproduce, archive, modify and display the Image, in all media, for the purposes of (1) advertising, marketing, promotion and decoration; and (2) personal and non-commercial uses, up to 500,000 times, as further described in Section 3.1(B) ("Restrictions Specific to the Standard License").
(B) Restrictions Specific to the Standard License for the Image(s). In addition to the restrictions in Section 5 (Restrictions), the following restrictions apply to any Image under the Standard License:
(1) you may not, in the aggregate, (a) cause or permit an Image to appear in more than 500,000 printed materials (including copies of such materials); nor (b) incorporate an Image into a live, recorded or digital production if the audience is expected to exceed 500,000 viewers, except that the audience size restriction does not apply to images displayed exclusively on websites, social networking sites or mobile applications;
(2) you may not incorporate any Image into merchandise intended for sale or distribution, including on-demand products, unless (a) the Image has been modified to the extent that the new Image, in the form incorporated into such merchandise, is not substantially similar to the Image and qualifies as an original authored Image; or (b) the principal value of such merchandise does not reside in the Image itself;
(3) you may not use, include or incorporate the Image in any electronic template or design template application (e.g., a web design, presentation template, electronic greeting card templates, or business card templates); and
(4) you may not use, reproduce, distribute or display the Image with a press release that includes distribution of the stand-alone image file.
3.2 Extended License and Restrictions Specific to the Image(s). The license described in this Section 3.2 is referred to as the "Extended License".
(A) Extended License for Images. With an Extended License, we grant you the same rights as with a Standard License, but without the limitation on the number of reproductions or viewers set forth in part (1) of 3.1.(B) (Restrictions specific to the Standard License for the Image(s)),
in addition to the right to use, reproduce, distribute and display the Image:
(1) for incorporation in merchandise and template files intended for sale or distribution, without limitation on the number of reproductions or viewers, if the recipient may only use the Image, or access it, as incorporated in the merchandise or template; and
(2) in press releases that include distribution of the stand-alone image file to the media, if the Image is published solely in connection with the press release and is not otherwise used or disseminated.
For clarity, and among other uses, you may use the Image in connection with (a) electronic templates and design template applications; (b) merchandise, such as mugs, t-shirts, posters and greeting cards; and (c) "print-on-demand" services.
(B) Extended License Restrictions for Images. The restrictions in Section 5 (Restrictions) apply to all images under the Extended License.
4. Additional Rights.
Subject to the Terms and applicable restrictions, you may have the following additional rights:
(A) Use by Employers or Customers. You may license Stock Content for the benefit of your employer or one of your customers, provided that:
(1) you represent and warrant that you have sufficient legal power to bind the employer or customer to these Terms;
(2) you are solely responsible for your employer's or customer's (as applicable) use of the Stock Contents;
(3) you transfer your license to your customer or employer by a valid written agreement that includes enforceable terms no less restrictive than these Terms; and
(4) obtain additional licenses for the same Stock Contents if you or your employer intends to use the same Stock Contents for yourself or your employer, or for the benefit of other customers (as applicable).
(B) Use by Employees and Contractors. You may transfer to employees or subcontractors files containing the Stock Contents, including productions, Projects or other permitted derivative materials, provided that:
(1) such employees and subcontractors agree in a valid written contract to abide by the restrictions of the Terms;
(2) such employees and subcontractors only use the Stock Contents on your behalf; and
(3) you are solely responsible for your employer's or contractor's use of the Stock Contents.
5. Restrictions.
General Restrictions. You are prohibited from:
(A) using the Stock Content in any way that allows a third party to use, download or extract the Stock Content, or obtain access to the Stock Content, (1) in stand-alone file form; or (2) in any way that exceeds the scope of the Stock Content license;
(B) use the Stock Contents with material that infringes the rights of any third party or otherwise take any action in connection with the Stock Contents that infringes the intellectual property rights or any other rights of any person or entity, such as the moral rights of the creator of the Stock Contents or the rights of any person who appears in, or any person whose property appears in, or is associated with, the Stock Contents;
(C) register, or apply to register, a trademark, design mark, service mark, sound mark or trade name using any Stock Content (in whole or in part); or claim ownership rights to prevent any third party from using any Stock Content;
(D) use Stock Content in a pornographic, defamatory manner or in violation of any applicable law, rule or regulation;
(E) use Stock Content in any manner, or in connection with a subject matter, that any reasonable person would consider unflattering, immoral, offensive, obscene or controversial, taking into account the nature of the Stock Content, including but not limited to tobacco advertisements; adult entertainment clubs or similar establishments and services; explicit or implicit endorsements of political parties or other opinion movements; or the implication of physical or mental disabilities;
(F) use the Stock Contents in contravention of any additional restrictions displayed on the Website in the details panel of such Stock Contents;
(G) remove, obscure or alter any proprietary notices associated with the Stock Contents, or give any misrepresentation, express or implied, that you or any third party is the creator or owner of the intellectual property rights in any Stock Contents.
(H) use the Stock Content or any title, caption information, keywords or other metadata associated with Stock Content for any (1) machine learning or artificial intelligence purposes; or (2) technology designed for, or intended for, the identification of natural persons;
(I) use Stock Content in a manner other than for your own benefit or the benefit of a single customer, without obtaining a separate license for a customer or any additional customer, as applicable;
(J) access Stock Content filtered by secure search unless you are at least 18 years old and live in a country where adult content is legal; or
(K) use or exploit the Stock Content in any manner other than as expressly provided in these Terms.
6. Attribution.
In addition to any attribution obligations in Section 5 (Restrictions):
(A) if Stock Content is used in a context in which any other stock content provider receives attribution, you must also include substantially similar attribution for dp-PhotoStock; and
(B) if the Stock Content is used in an audiovisual production, you must use commercially reasonable efforts to include attribution for dp-PhotoStock in accordance with standards in the industry and, where possible, in the following format: (www.dp-photostock.com) or else, (davizro photography; or as otherwise notified by dp-PhotoStock.
7. Disclaimers of Liability.
We are not responsible and expressly disclaim any liability for:
(A) the accuracy of any Stock Content, including descriptions, categories, captions, titles and related metadata, or keywords included with any Stock Content; and
(B) comments, materials or answers to questions provided to you by us or our representatives, whether about these Terms, your use or proposed use of any Stock Content, or otherwise, all of which are provided only as a courtesy and do not constitute legal advice.
8. Reservation.
(A) If you have actual knowledge that any Stock Content may be subject to a third party claim, or if you or dp-PhotoStock reasonably believe it to be so, then we may order you to cease all use, reproduction, modification, display, performance, distribution and possession of such Stock Content, in which event you shall (1) promptly comply with such instructions; and (2) ensure that your customers, distributors, employees and employers, as applicable, likewise cease all use of the Stock Content.
(B) At any time, we may (1) discontinue licensing any Stock Content; and (2) refuse to download any Stock Content.
9. Effect of Termination.
If upon termination of these Terms or if we terminate your right to use any Stock Content due to your breach of these Terms, you must cease all use, reproduction, modification, display, performance, distribution and possession of such Stock Content.
10. Injunctive Relief.
In the event of unauthorized access by you or others to Stock Content, or unauthorized use of Stock Content in violation of these Terms, you agree that we shall be entitled to seek injunctive relief (or an equivalent urgent legal remedy) in any jurisdiction, without notice or opportunity to settle.