This is document sets out the terms on conditions for the use of content on the DISimages.com website. By clicking the button “I Agree” at the end of this Agreement you accept all the terms and conditions of this Agreement and agree to be bound to the Agreement. If you are acting on behalf of a third party or a corporation (which you have identified as the account holder) you represent and warrant to us that you have full legal authority to bind said third party or corporation. If you do not have authority to act on behalf of said third party or corporation, you may not click the button “I Agree”.
In this Agreement: (i) “you” or the “Client” refers to you or, if you are agreeing to this Agreement on behalf of a third party or a corporation, then “you” means that third party or corporation and its affiliates; (ii) “DISimages” or “we” means DIS Magazine LLC, operator of the Site; and (iii) “Content” means any photographic image, illustration, animation, Flash file, film or video footage, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.
With this Agreement you choose to enter into our standard royalty-free content license (the “Standard License”).
1. Terms of License
We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless your activity or use is enumerated as a Permitted Use below, you will not be allowed to use the Content. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by DISimages or the supplier of the Content, as the case may be.
3. Permitted Use
(a) You may only use the Content for those specified purposes which are defined below as Permitted Uses. To be clear, you are not permitted to use the Content in products for resale, license or other distribution; if the original Content has been fundamentally modified by you or transformed sufficiently by you that it constitutes an original work entitling you to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content, nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file, such modification or transformation will constitute the work as a “Permitted Derivative Work” for the purposes of this Agreement. But you cannot merely superficially modify the Content, print it on a t-shirt, mug, poster, template or other item, and sell it to others for consumption, reproduction or re-sale, such use will not be permitted as or constitute Permitted Derivative Works.
(b) Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may download the Content only once. You may make one (1) copy of the Content solely for back-up purposes.
(c) Permitted Uses.
Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:
- Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
- Art and exhibition, including group and solo shows, galleries and art institutions, personal use (ie. display it in your office or home), Content must be presented to the specifications outlined by the artist, but not for resale, license or other distribution;
- Derivative artworks (ie. transforming the Content fundamentally to benefit your personal artwork);
- Entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
- Online or electronic publications;
- Prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified above, but not for resale, license or other distribution.
(d) Credit. In the case of art and editorial usage, or in the preceding cases (2), (3), (4), (5), Credit Line must read: "[Artist's Name]/[Collection Name]/DISimages"
If there is any doubt that a proposed use is a Permitted Use, you should contact DISimages for guidance.
4. License Restrictions
Here is what you cannot do with a Standard License:
- Online “print-on-demand” products
- Use in any logo or trademark
- Pornographic, obscene or libelous works
- If the Content includes the image of a person or persons, your use may not suggest a personal endorsement of your use by the depicted person or persons.
- Use of Content including images of a person or person which depicts such person or persons in a sensitive way i.e. mental or physical health issues, substance abuse, criminal behavior, sexual activity or preference without a disclaimer.
- Sub-license, give away, share or otherwise transfer stand-alone images/files
- Files for Art and Editorial Use Only cannot be used for any commercial purposes. These files may contain identifiable brands, locations or people without the proper legal releases needed for commercial use. They may be used in blogs, magazine and newspaper editorial applications, or other non-commercial uses.
- Use the Content for editorial, exhibition, or fine art purposes without including the following credit adjacent to the Content or in audio/visual production credits: "[Artist's Name]/[Collection Name]/DISimages"
Art and Editorial-Use-Only files can be used for:
- Editorial purposes: newspapers, magazines, editorials, newsletters
- Non-commercial uses relating to events that are newsworthy or of general interest
- Personal use
- Exhibition: gallery, institution
Art and Editorial-Use-Only files cannot be used for:
- Any commercial use
- Any advertorial use (sections or supplements featuring brand or product names, or sections or supplements for which you receive a fee from a third party advisor or sponsor)
5. Term of Agreement
(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, 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 without notice from DISimages 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; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to DISimages in writing that you have complied with these requirements.
(b) Upon notice from DISimages, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which DISimages may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise. DISimages shall provide you with replacement Content (which shall be determined by DISimages in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
6. Your Indemnification
You agree to indemnify, defend and hold DISimages, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “DISimages Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any DISimage as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement.
If you have concerns relating to this Agreement, please contact DISimages at [email protected]
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 DISIMAGES 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 DISIMAGES, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND DISIMAGES RELATING TO THE SUBJECT OF THIS AGREEMENT.