Royalty Free License

Royalty Free License Agreement

Royalty Free Concept Info

Royalty Free means that you pay for the Licensed File only once and then you can use it as many times as you like, with just a few restrictions. In other words, there are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. This license is granted in perpetuity and it is worldwide valid.

Royalty Free License Usage Permissions and Restrictions

The File that you download on the Site under the regular Royalty Free (RF) License may be used to make prints, to illustrate and visually enhance website pages and headers, magazine pages and articles, newspapers, books, ebooks and booklets, book/ebook covers, flyers, blog articles, newsletters, documentaries and motion pictures, application software (apps), video productions, and any other editorial and promotional material, in either printed or electronic form, as long as you credit the Licensor and the item in which the Licensed File appears does not contradict any of the restrictions below.

The list is not exhaustive and if you have any uncertainty regarding the use of the Licensed File in a correct way please contact GinAngieLa.com.

Web templates, greeting cards, postcards, similar print-on-demand services, canvas, t-shirts, mugs, calendars, postcards, mouse pads or any other items incorporating the Licensed File in an essential manner, intended to be sold are considered redistribution. The use of the Licensed File for these purposes under this Royalty Free License is not permitted. It is also forbidden to make the Licensed File available on a website for download (as wallpaper for example), although you may use the Licensed File for editorial and promotional purposes on your website, blog posts, or newsletters.

For Web use, you must not use the Licensed File at a width exceeding 1080 pixels.

If you use the Licensed File for printed or electronic materials, the number of copies must not exceed 5.000. You may modify the Licensed File in any way required for Reproduction, i.e. crop it, change the opacity, or convert it to black and white. You may not include the Licensed File in your own personal creations or use it to create derivative works. In other words, the creation of Licensed Work is prohibited by this Agreement.

Buying the file (purchasing the license) does not transfer the copyright. You may not claim that the Licensed File is your own and you may not sell, license for use, or in any way distribute the Licensed File for reuse.

You are required to credit GinAngieLa.com when you use the Licensed File by including the following credit line: AngieG. / GinAngieLa.com.

In a nutshell

What you can do with a Royalty Free Licensed File:

  • Use it for personal, non-commercial purposes, e.g. making prints to decorate your home
  • Display it on your personal website, blog posts, newsletters, etc. (credit required)
  • Include it in a commercial website for editorial purposes (image mustn’t exceed 1080px in width; credit required)
  • Use it in promotional materials, such as posters, flyers, magazines, books, etc. (credit required)

What you can NOT do with a Royalty Free Licensed File:

  • Share it on social media and other websites, or make it available in a way that invites a third party to download, extract, or redistribute it
  • Resell it or redistribute it for money or any other remuneration, or give it away for free
  • Use it in any electronic or physical products where the licensed file is the primary value
  • Edit and modify the file and/or use it to create new physical and/or digital products (derivative works)
  • Use it for on-demand products, templates and similar media for sale or redistribution

Royalty Free License Agreement Terms

This is a legal agreement (herein referred to as “Agreement”) between You (herein referred to as “You” or “Licensee”) and AngieG. / GinAngieLa.com (herein referred to as “GinAngieLa.com “ or “Licensor”) and determines terms and conditions under which you use images and other media (herein referred to as “Files”) downloaded on GinAngieLa.com (herein referred to as “Site”).

This Agreement applies to licenses issued for Royalty Free Licensed Files online. If you do not agree with this Agreement, do not proceed with the purchasing transaction and payment of the License Fee.

By proceeding with the transaction and paying the License Fee, the Licensee consents to the terms of this Agreement and affirmatively represents that the Licensee is of legal age and capacity to enter into a binding and enforceable contract. This offer is void where prohibited. GinAngieLa.com reserves the right to amend the terms of this Agreement at any time without advance notice.

1. Definitions

  1. “Licensed File” means all types of content, including, without limitation, high-resolution (HR) images, which is licensed to You under the terms of this Agreement. Any reference to File includes the whole or the part.
  2. “Licensee” or “You” means the individual or entity acquiring a license under this Agreement or, if the Licensee is acting on behalf of another individual or entity, the individual or entity specifically named under client name on the invoice.
  3. “License Fee” means the fee which is paid by the Licensee in order to enter into this Agreement.
  4. “Licensed Work” refers to any product or service that the Licensee creates using independent skill and effort and that incorporates a Reproduction of the Licensed File as well as other material.
  5. “Reproduction” and “Reproduce” refer to any form of copying or publication of the Licensed File via any medium and by whatever means, in whole or in part, and the creation of any derivative work from, or that incorporates, the Licensed File.

2. License Terms

Subject to the terms of this Agreement, the Licensee is granted a non-exclusive, perpetual, non-transferable, non-sublicensable, worldwide right to use and reproduce the Licensed File in any and all media for all purposes other than the prohibited uses specified in Section 4 below.

All other rights to the Royalty Free Content, including, without limitation, copyright, are reserved to AngieG. / GinAngieLa, the copyright holder. Except as expressly stated in this Agreement, this Agreement does not and is not intended to confer rights or remedies upon any person other than the parties to the Agreement. All copyright and/or intellectual property rights to the File are reserved by the Licensor.

3. Permissions of Use

The Licensee may use the Licensed File

  1. for personal, non-commercial purposes, including for display on personal websites and computers (not for resale or redistribution; credit required), or making prints for personal use in a number not exceeding 5.000 copies;
  2. for editorial, advertising and promotional materials in electronic media in a number not exceeding 5.000 copies (not for resale or redistribution; credit required), such as website pages and headers, magazine pages and articles, newspapers, books, ebooks and booklets, book/ebook covers, flyers, blog articles, newsletters, documentaries and motion pictures, application software (apps), and video productions;
  3. for editorial, advertising and promotional materials in physical media in a number not exceeding 5.000 copies (not for resale or redistribution; credit required), such as prints, posters, flyers, tear sheets, magazines, books, newspapers, other printed publications;
  4. as part of a commercial website for editorial or promotional purposes (if the image width does not exceed 1080 pixels and the required credit line is included).

The Licensed File may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.

You may contact GinAngieLa.com to purchase an extended type of license to increase the usage rights granted in this Royalty Free License to use the File for creating Licensed Work or unlimited print or web Reproductions for resale, subject to the restricted uses in Section 4 described below.

4. Restrictions on Use

Except as provided in Section 3, the Licensee may NOT

  1. make the File available for download on a shared drive, service, software or website for the purpose of exchanging, transferring or distributing the File;
  2. share the Licensed File on social media and other third-party platforms and websites, redistribute, or use it for self-promotion;
  3. use the Licensed File in any electronic or physical context, e.g. for a digital product or a physical item, where the Licensed File is the primary value;
  4. alter the Licensed File or create derivative works without the prior written permission of the Licensor;
  5. make the Licensed File available in any medium in a manner intended to allow or invite a third party to download, extract, redistribute or access the Licensed File as a standalone file. No Standalone File Use. The Licensee will not use the Licensed File in any way that allows a standalone file or content file to be downloaded, extracted, or redistributed by others. If the Licensed File will be displayed on a website, the Licensee must post terms and conditions on the website that prohibit downloading, republication, retransmission, reproduction, and all other uses of the Licensed File as a standalone file;
  6. create multiple impressions or “on-demand” products. The Licensee may not upload, use, or display the Licensed File on any medium which is designed to induce or involves the sale, license, or other distribution of “On-Demand Products”. On-Demand Products are products in which the Licensed File is selected by a third party for customization on products which are produced on a made-to-order basis, including, but not limited to, greeting cards, mouse pads, t-shirts, calendars, posters, canvas prints, screensavers, wallpapers, and similar products for any other electronic or printed matter;
  7. falsely represent, expressly or implied, that the Licensee is the original creator of the Licensed File;
  8. incorporate the Licensed File into a logo, corporate ID, trademark, or service mark;
  9. sublicense, sell, assign, convey or transfer any of their rights under this Agreement;
  10. include the Licensed File in an electronic template intended to be used by third parties on electronic or printed products;
  11. use the File to create an official logo, company name, or trademark;
  12. use the File in a way that infringes the File’s intellectual property rights or a third party’s trademark or that would lead to a complaint about deceptive advertising or unfair competition;
  13. use the File for SPAM mailings;
  14. use the File in a way that competes with the Licensor’s business;
  15. display, use or post the File in a way that would lead to the conclusion that the model in the File approves of or endorses the items or services of any venture or trademark;
  16. use the Licensed File in a pornographic, defamatory, libelous or otherwise illegal manner, or infringe on any third-party intellectual property rights, whether directly or in context or juxtaposition with other subject matters and materials;
  17. use the File in items or products that could embarrass or humiliate the model in the File;
  18. use the File for advertisement or promotion of tobacco or alcohol products;
  19. display, use or post the File in a way that would lead to the conclusion that the model in the File approves of or endorses any political party, policy, candidate, or elected official;
  20. use any of the Licensed File in any manner prohibited by any export laws, restrictions or regulations.

Any other usage has to be communicated and agreed upon in written form with GinAngieLa.com. Additional licensing is available for use outside intended original purpose for an additional fee.

Any forbidden use of the File shall be considered as copyright infringement. You shall be liable for all damages caused by copyright infringement, including any claims made by third parties. The Licensor reserves the right to recall your license of any File you have used in a manner considered as copyright infringement.

5. Use on Social Media and Third-Party Websites

If You include the Licensed File on any social media platform or third-party website that uses the Licensed File contrary to the terms of this Agreement, with or without Your express or implied consent, then Your rights under this Agreement shall automatically be revoked and You shall remove the Licensed File from such platform or websites at the Licensor’s request.

6. Other Provisions

  1. You may have the Licensed File reproduced by Your agents provided that such agents agree to abide by the provisions of this Agreement.
  2. You agree to be liable for any failure to comply with the terms of this Agreement and/or any failure by your agent(s) to comply with the terms of this Agreement.
  3. If You post the Licensed File onto a website, You are responsible for ensuring that the Licensed File is not downloaded by third parties or otherwise exploited by the website host. You must post terms and conditions on the website that prohibit downloading, republication, retransmission, reproduction, and all other uses of the Licensed File as a standalone file.
  4. If You are purchasing rights to the Licensed File for use by a third party, You represent that You are authorized to act on behalf of the third party and to bind the third party to the terms of this Agreement. You may also be held independently liable if You violate the terms of this Agreement.
  5. Your rights under this Agreement do not include the right to use or reproduce the titles, tags, descriptions, or metadata that are associated with the Licensed File on GinAngieLa.com.
  6. If you use the Licensed File in an editorial or promotional context, You must include the following credit line adjacent to the Licensed File: AngieG. / GinAngieLa.com. If You omit the credit, GinAngieLa.com may impose a fee up to one hundred percent (100%) of the License Fee which will be payable by You. The fee shall be in addition to any other rights or remedies that GinAngieLa.com may have under law.

7. Ownership of Rights

This Agreement grants you a limited right to use the Licensed File with specified limitations. You do not own any rights in copyright to the Licensed File or have any other rights that are not expressly granted to You under this Agreement.

8. No Modification of Embedded Data

You may not alter the Licensed File in a manner that removes any copyright notice, name, identification number, or other information embedded in the Licensed File.

9. Notice of Violations

You agree to immediately notify GinAngieLa.com if you know or should know that any third party has accessed the Licensed File in a manner that violates the terms of this Agreement.

10. Warranty and Limitation of Liability

GinAngieLa.com represents and warrants that the Licensed File will be free from material defects at the time that the license is granted and that GinAngieLa.com has the necessary rights to grant You the rights to use the Licensed File under this Agreement, assuming Your full compliance with the terms of the Agreement. Your only remedy in the event of breach of these warranty provisions is a full refund of the License Fee paid to GinAngieLa.com in connection with the Licensed File.

GinAngieLa.com makes no other warranties, express or implied, regarding the Licensed File, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. GinAngieLa.com expressly disclaims any such warranties and expressly licenses the Licensed File “as is.”

GinAngieLa.com shall not be liable to You or any other person or entity for any punitive, special, indirect, consequential, incidental, or other similar damages, costs, or losses arising out of this Agreement – even if she has been advised of the possibility of such damages, costs, or losses.

GinAngieLa.com shall not be liable for any damages, costs, or losses arising out of or as a result of modifications made to the Licensed File or as a result of the context in which the Licensed File is used in a work.

11. Indemnification

You shall pay to defend, indemnify, and hold harmless GinAngieLa.com from all damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or as a result of claims by third parties relating to Your use of any Licensed File or any other actual or alleged breach by You of this Agreement. GinAngieLa.com may at her discretion, but is under no obligation to, assume the defense of any action arising from Your use of the Licensed File or from your breach of this Agreement.

12. Unauthorized Use of Licensed Files

If You use the Licensed File in a manner other than that which is expressly authorized under this Agreement, such use amounts to copyright infringement and entitles GinAngieLa.com to enforce all rights available to the Licensor under U.S. and international copyright laws. In addition and without prejudice to GinAngieLa.com’s ability to realize other remedies under copyright laws and this Agreement, GinAngieLa.com reserves the right to charge and You agree to pay a fee equal to up to five (5) times the License Fee for the unauthorized use of the Licensed File. In the event that GinAngieLa.com has a reasonable basis to believe that You are using the Licensed File in a manner other than that which is expressly authorized under this Agreement, GinAngieLa.com may immediately revoke the license granted under this Agreement, and You agree to (1) stop using the Licensed File, (2) destroy or order destruction of any copies of the Licensed File, including as incorporated into a secondary work, and (3) return the Licensed File to GinAngieLa.com. This provision does not limit GinAngieLa.com’s rights to recover damages from You, including in the form of indemnification. Your failure to pay GinAngieLa.com fully and in accordance with her payment terms for the right to use the Licensed File constitutes a material breach of this Agreement entitling GinAngieLa.com to all remedies available under law and pursuant to this Agreement.

13. Audit and Verification Rights

GinAngieLa.com or her licensors may request and You must provide evidence of compliance with the terms of this Agreement upon demand with reasonable advance notice. Among the forms of evidence that GinAngieLa.com is entitled to receive in order to verify Your compliance with the terms of this Agreement are (1) free access to any website or platform where the Licensed File is reproduced, (2) an audit of records related directly to Your use of the Licensed File by GinAngieLa.com or her designated auditor, (3) receipt and inspection of sample copies of Reproductions containing the Licensed File, and (4) a certificate of compliance signed under oath by You or Your agent in a form acceptable to GinAngieLa.com. Should GinAngieLa.com determine that Your use exceeds what is permitted under this Agreement, You shall pay the costs incurred by GinAngieLa.com in her efforts to verify compliance, plus a five percent (5%) surcharge in connection with these efforts.

14. Third-Party Claims of Right

Should the Licensed Content be the subject of a claim of infringement by a third party for which GinAngieLa.com may be liable, GinAngieLa.com may require You to immediately (1) stop using the Licensed File, (2) delete the Licensed File from all storage media, and (3) take steps to insure third parties cease use or Reproduction of the Licensed File. GinAngieLa.com shall at her discretion provide you with a reasonable substitute file free of charge but subject to the terms and conditions of this Agreement.

15. EFFECTIVENESS OF THE AGREEMENT

  1. Your rights to use the File are subject to this Agreement. By downloading the File on the Site, you shall enter into this Agreement, acknowledge that you have read and agreed to this Agreement. You have the right to use the Licensed File provided that there are no any overdue payments, chargebacks or returned payments by credit card or check on your account. If your account becomes overdue, you shall lose rights to use the downloaded File until the overdue balance is paid in full.
  2. The Licensor reserves the right to make changes, additions, corrections and edits to this Agreement in separate parts or in whole at any time and you agree to be bound by such changes. Such changes are legitimate and effective from the moment of their publication.
  3. If, for whatever reason, you disagree with this Agreement and do not accept its terms and conditions, you may not use the File.

16. Entire Agreement / No Waiver

This Agreement contains the entire agreement between You and GinAngieLa.com, and You acknowledge that there are no other agreements, representations, or warranties pertaining thereto which are not set forth in this document. If any provisions of this Agreement are held to be invalid or unenforceable under present or future laws, such provisions shall be fully severable, whereupon the remainder of this Agreement will be given full force and effect. No action or inaction by GinAngieLa.com, other than express written waiver, may be construed as a waiver of any provision of this Agreement. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by GinAngieLa.com, the terms of this GinAngieLa.com shall govern.

  • Effective: January 20, 2020
  • Last updated: January 20, 2020
  • © Copyright 2024 GinAngieLa.com. All rights reserved.