FREE LICENSE AGREEMENT
This is a legal agreement between you and Art Today, Inc. d/b/a JupiterImages,
hereinafter referred to as JupiterImages. Please read and understand this entire
agreement before you license or download any content from our web site(s), or
any other storage or transmission media on which we may deliver our content.
If you do not agree to the following terms, do not download or use our content.
Content is defined as a single image, image(s),
composite images, motion sequence, digital animation, film footage,
digital footage, digital video,
any other visual representation regardless of whether the content is
obtained via a download from this site as a comp, licensed content or
delivered via any storage media that is now known or may become known
in the future. The term "comp", as used in this licensing agreement,
means a sample of a design or communication project only for internal
use or for presentation to a client of an idea. Our content may not be
displayed beyond comp use without paying for a license.
This agreement affects you as an individual as well as your employer
if you are licensing any content on behalf of your company. If you leave
the company that licensed the content, the company may continue to make
use of the content pursuant to this agreement. You, however, as an individual,
may not make a copy or transfer the content to a new place of employment
or to your own company.
Permitted usage of comp content
Any low-resolution comp, placed here for visual reference only, may be downloaded
off this web site or other media provided the chosen content is used only for
layouts and comps. Comp content may also be included in non-commercial personal
projects for portfolio use only. Specifically, our content may not be used
as an example for another artist, film or video producer or illustrator to
recreate our content in substantially the same manner. No comp content may
be placed on a server for public distribution or published in any way except
for presentation to clients.
Permitted usage of licensed content
You may publish any licensed content on your web site or media, pursuant to
the payment and agreement contained herein for use including brochures, ads,
billboards, CD covers, book covers, graphic design, internal presentations,
Internet, intranet, extranet, television, multimedia, film and video projects.
The content may be licensed by only one company or individual and may not be
resold, or transferred, to any other company or individual. Content may be
used for multiple clients or projects provided that the same design firm or
agency is creating all the work. Furthermore, the content may be served over
a network or placed in a digital library provided the maximum number of users
does not exceed 10 people within the same company at the same location. If
you require additional users, simply contact us about a seat license upgrade
for each image to be placed on a network.
You cannot resell the content or any modification of the content directly.
You may not lease, license or sub-license the content as the end product when
the content is not included in a design project.
You agree not to use any content in a defamatory context, for any pornographic
or obscene use, or in conjunction with any other materials that may be
deemed to be pornographic or defamatory, either by changing it or by
any accompanying text or graphics. You agree to hold JupiterImages harmless
from any and all claims and expenses arising from the use of any content.
If you utilize any content prior to paying our invoice, we are relieved
of any claim concerning the use or publication of the content since it
was published without permission.
While our model releases allow for sensitive subject usage, we still
require that advance permission be provided for use of any content for
sensitive subjects including but not limited to contraception, matters
of a sexual nature, substance abuse, domestic abuse, alcohol, tobacco,
AIDS, cancer and other serious physical or mental ailments. In certain
cases, we may require that the content be accompanied by a statement
declaring the person is a model and is being used for illustrative purposes.
JupiterImages reserves the right not to permit reproduction of any content
for any reason whatsoever. JupiterImages gives no rights or warranties
with respect to the use of names, trademarks, logos, registered or copyrighted
designs or works of art depicted in any content, and you must satisfy
yourself that all necessary rights and consents or permissions as may
be required for reproduction are secured.
Copyright of content
The digital content files on our web site, or media, are copyrighted and protected
by the intellectual property laws of the United States and the Berne Convention.
The usage rights for any final production must be purchased and payment received
prior to publication. The use of content is licensed, not sold, and the content
remains the sole and exclusive property of JupiterImages or the copyright holder.
You agree not to make, authorize or permit any use of any content, except for
comp purposes, until usage rights have been obtained and payment received.
Content use without prior payment is a copyright violation.
Because it is difficult to determine damages resulting from unauthorized usage,
in the event that you utilize any content other than for the allowable uses
or fail to make payment prior to publication, we agree to forego our right
to sue you for copyright infringement if you agree to pay, as liquidated damages,
a sum equal to four (4) times the normal price we would have charged for such
unauthorized use within ten (10) days of our billing such fee. If you fail
to make such payment in a timely manner, this liquidated damage provision shall
be void and we shall have the right to sue for copyright infringement, for
which we will not accept less than ten (10) times the normal license fee plus
attorney's fees and all associated costs.
Each reproduction or work in which JupiterImages content appears must be copyright
protected. Editorial use of the content must bear the credit line "©JupiterImages" You
agree to provide statutory copyright protection of the content by registering
the work you created or the work in which the content appears in a timely manner.
No rights are granted until full payment for the content is received. Payment
may be made on our web site with a valid credit card or through approved credit,
in which case a monthly invoice will be issued. Any disputes concerning the
invoice must be submitted in writing within five (5) days of the invoice date,
or you shall be deemed to have accepted this invoice as issued. This invoice
must be paid on the sooner of ten (10) days of its net due date, without any
discounts, or prior to the publication of any content. You agree to pay JupiterImages
a service charge of 2% per month on any unpaid balance.
Legal costs and jurisdiction
In the event that either a court of competent jurisdiction directs us to go
to court, or the matter involves copyright, you agree to fully reimburse JupiterImages
for its reasonable legal fees and disbursements if JupiterImages is successful
in the suit.
No waiver, complete agreement
The terms set forth in this policy represent our entire agreement concerning
the delivery of any content to you, your review and usage thereof. All prior
understandings or representations, whether oral or written, based on "industry
custom" or past dealings, are hereby merged in this Agreement. No terms
or conditions may be added unless made in writing and signed by both of us.
No action of ours, other than an express written waiver, may be construed as
a waiver of any part of this Agreement, and no employee is authorized to waive
it orally. In the event we waive any specific part of this Agreement, it does
not mean we waive any other part.