Purchase of image(s) you are agreeing to the following terms. AmberSky hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
Dear AmberSky Customer:
The following Terms of Service (“TOS”) is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you” or “Customer”) and AmberSky and sets forth the rights and obligations with respect to any Content licensed by you. By entering into this TOS, you verify that your country of residence is the same as your billing address.
Please revisit these TOS when you purchase any Content licenses. AmberSky reserves the right to modify the TOS at any time in its sole discretion. By licensing Content following any such modifications, you agree to be bound the TOS as modified.
- “Content” means all content available for license from the AmberSky website, including Images and Footage (as defined herein.)
- “Footage” means any moving images, animations, films, videos or other audio/visual representations, excluding still images, recorded in any format.
- “Image(s)” means still photographs, vectors, drawings, graphics, and the like.
- “Visual Content” shall refer collectively to Images and Footage.
PART I – VISUAL CONTENT LICENSES
- AmberSky hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
- IMAGE LICENSES
- A STANDARD IMAGE LICENSEgrants you the right to use Images:
- As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), email marketing and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc.
- Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
- As part of an “Out-of-Home” advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.
- For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
- AN ENHANCED IMAGE LICENSEgrants you the right to use Images (which rights are in addition to 1-5 above and exclusive to Enhanced Image Licenses):
- In any manner permitted under a Standard Image License, without any limitation on the number of reproductions, impressions, or budget;
- Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
- In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale.
- Incorporated as elements of digital templates for sale or distribution.
- A STANDARD IMAGE LICENSEgrants you the right to use Images:
- IMAGE LICENSES
If the Standard or Enhanced Image licenses do not grant the rights you require please contact Customer Service. (Phone: Inside US 1-866-663-3954, Outside US 1-646-419-4452 Email: Customer Support)
- ]]]]]]]]]]]]RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
- Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
- Portray any person depicted in Visual Content (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) in a political context, such as the promotion, advertisement or endorsement of any party, candidate, or elected official, or in connection with any political policy or viewpoint; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities.
- Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
- Modify Visual Content designated “Editorial Use Only” in a manner that changes the context of what is depicted.
- Use Visual Content designated “Editorial Use Only” for commercial purposes.
- Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a “gallery” of content through which third parties may search and select from such content.
- Use Visual Content in a manner that infringes upon any third party’s trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
- Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
- Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of that Visual Content.
RESTRICTIONS SPECIFIC TO FOOTAGE
- Use any Footage in a multi-media production distributed via broadcast, cable network, OTT video service (e.g. Netflix, Hulu, Amazon), or in theaters.
- Use “stills” derived from Footage except solely in connection with the in-context marketing, promotion, and advertising of your derivative works incorporating Footage.
- CREDIT AND COPYRIGHT NOTICES
- The use of Visual Content in connection with news reporting, commentary, publishing, or any other “editorial” context, shall be accompanied by an adjacent credit to the AmberSky contributor and to AmberSky in substantially the following form:
“Image(s) by Jaime Lueders at AmberSky”
- If and where commercially reasonable, the use of Visual Content in Merchandise or an audio-visual production shall be accompanied by a credit to AmberSky in substantially the following form:
“Image(s) (as applicable), used under license from amber-sky.net”
- Credit attributions are not required in connection with any other use of Images unless another stock content provided is afforded credit in connection with the same use.
- In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
PART II – WARRANTIES AND REPRESENTATIONS
- AmberSky warrants and represents that:
- AmberSky’s contributors have granted AmberSky all necessary rights in and to the Content to grant the rights set forth in Part I or Part II as applicable.
- Visual Content in its original unaltered form and used in full compliance with these TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties’ rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.
- While AmberSky makes commercially reasonable efforts to ensure the accuracy of keywords and descriptions, as well as the integrity of Visual Content designated “Editorial Use Only”, AMBERSKY MAKES NO WARRANTIES AND/OR REPRESENTATIONS REGARDING ANY: I) KEYWORD, TITLES OR DESCRIPTIONS; II) AUDIO IN FOOTAGE; OR III) VISUAL CONTENT DESIGNATED “EDITORIAL USE ONLY”. For the sake of clarity, AmberSky will not indemnify or have any liability in respect of any claims arising from inaccurate keyword, titles or descriptions, any audio in Footage, or the use of Visual Content designated Editorial Use Only.
- AMBERSKY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS “WARRANTIES AND REPRESENTATIONS” SECTION.
PART III – ADDITIONAL TERMS
- Except when required by law, AmberSky shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. You authorize AmberSky to charge you all subscription fees for the duration of the term agreed to at the time of purchase.
- “Non-transferable” as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify AmberSky of each such social media website’s use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please notify us via email at [email protected].
EFFECTIVE DATE: January 23, 2018