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License Agreement

All our stock images and CD/DVD collections are licensed on a royalty-free basis. Royalty-free (RF) means a one time payment (licensing fee) allows you to use the stock images for unlimited time, as often as you like, in accordance with the applicable terms outlined below.

In general you may use images for your own use or for clients in:


Promotional materials and advertisements
Print
Packaging
Editorial Articles
Websites
Multimedia presentations
Video and film production and broadcasting


A license agreement is applicable to the use of all stock images and stock photo material or products on the TypicalMedia Website;
  • ALL images on the Website that can be downloaded upon being purchased are subject to the terms of the same License Agreement, which terms can be found below.
  • The specific license agreement for CD-/DVD-products could vary per title. Please read the terms of the relevant license agreement for the product or image you procure carefully.

The following product titles that are sold on the Website are subject to license terms that vary from others (click on the title for a PDF-version of the applicable license agreement):



License Agreement for Downloadable Images

Last updated: 30 July 2008

PLEASE READ THIS LICENSE AGREEMENT FOR DOWNLOADABLE IMAGES CAREFULLY. THE FOLLOWING IS A LEGAL AGREEMENT BETWEEN YOU AND THE OWNERS AND OPERATORS OF WWW.TYPICALMEDIA.COM/.EU/.NL ("WEBSITE"), TYPICALMEDIA ("TYPICALMEDIA", "WE") WHICH GOVERNS THE USE OF NON-WATERMARKED IMAGES DOWNLOADED FROM OUR WEBSITE ("IMAGES"). BY DOWNLOADING OR USING AN IMAGE FROM TYPICALMEDIA YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT DOWNLOAD OR USE ANY IMAGES FROM THIS WEBSITE.

This License Agreement is in addition to the Terms of Use applicable to the Website. In the event of any inconsistency between this License Agreement and the Terms of Use (which is incorporated into this Agreement by reference), the terms of this License Agreement shall govern.

Royalty-Free License Info
Royalty-Free means that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions, as defined below. 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.

The Royalty-Free license is granted only for the high-resolution, non-watermarked image (the one that is purchased using the Web Store of the TypicalMedia Website); all the other versions (watermarked previews and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.

Standard License Terms
We hereby grant to you, the account owner (person or organization), a perpetual, non-exclusive, non-transferable worldwide license to use the Image on the terms and conditions explained in this Agreement. All other rights in and to the Image, including, without limitation, all copyright and other intellectual property rights relating to the Image, are retained by TypicalMedia or the supplier of the Image, as the case may be.

I: Permitted Uses
You may use the Image for the following purposes (subject to the restrictions described under Prohibited uses below):

  • In advertising and promotional projects, including printed materials, product packaging, multimedia presentations, commercials, catalogues, brochures, etc.
  • In entertainment applications, including printed materials, such as books and book covers, CD/DVD covers, magazines, newspapers, editorials, newsletters, and film, video, broadcast and theatrical presentations.
  • In on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels.
  • Along with your corporate identity on business cards, letterhead, etc.
  • To decorate your home, your office or any public place.
  • You may use the Image on items for resale such as t-shirts, postcards, posters, mouse pads, coffee cups, calendars or similar, even if they contain the Image in a dominant way. You may print up to 10,000 items of each category. If you exceed that amount, you must purchase another license for the Image.
  • In design or electronic template applications, whether online or not, including, website templates, business card templates, Flash templates, greeting card templates, brochure design templates, screensavers, wallpapers, email templates or similar products with no limitations regarding the number of copies.
  • In an unlimited amount of printed copies.
  • You may share the Image with 5 persons at your organization who may also use the Image according to the rules of this Agreement.
  • Any other uses approved in writing by TypicalMedia.
Any use of the Image that is not a Permitted Use shall constitute infringement of copyright.


II: Prohibited Uses
You may not do anything with the Image that is not expressly permitted in the preceding section. For greater certainty, you may not use the Image in the following ways:

  • In a fashion that is considered by TypicalMedia (acting reasonably) as or under applicable law is considered pornographic, obscene, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
  • In a way that could give a bad name to either the person(s) depicted on the Image or TypicalMedia, including illustrating sensitive social subjects such as health issues, crime, sexual preferences, drug abuse or similar issues.
  • In a way that would make people assume that the person depicted on the Image is endorsing a certain product or a service, without indicating that the person depicted is a model and the Image is only being used for illustrative purposes.
  • Incorporating the Image into a a logo, trademark or service mark.
  • Incorporating the Image in a way that results in a re-distribution or re-use of the Image or is otherwise made available in a manner such that a person can extract or access or reproduce the Image as an electronic file.
  • Installing and using the Image in more than one location at a time or posting a copy of the Image on a network server or web server for use by other users.
  • Using or displaying the Image in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in a peer-to-peer or similar file sharing set-up.
  • Removing any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Image.
  • To the extent that source code is contained within the Image, reverse engineer, decompile, or disassemble any part of such source code.
  • Selling, sub-licensing, renting, lending, assigning or otherwise transferring or re-distributing the Image (individually or along with other Images) is STRICTLY FORBIDDEN! Do not share the Image with others!


Information on rights - Model and Property Releases
The rights TypicalMedia grants you do not include a license to any person, place, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. TypicalMedia makes no representations or warranties that it owns or licenses any rights nor does TypicalMedia grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image.

Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. TypicalMedia does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel. It's your sole responsibility to make sure that you have all the necessary third-party rights, permissions and licenses for the use of the Image. Any license granted by TypicalMedia is conditioned upon your obtaining all necessary third-party rights, releases, permissions and licenses. You agree to provide TypicalMedia with proof of such rights, releases, permissions and licenses upon request.

Some Images on the TypicalMedia Website, that have identifiable people on it, are accompanied by a written Model Release. Some Images on the TypicalMedia Website are accompanied by a written Property Release. However TypicalMedia does not represent or make warranties whatsoever as to the legality or validity of any Release associated with an Image.

If an Image is designated as model-released, it means that the person(s) included in the Image has/have signed a release permitting reproduction of the Image, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. If TypicalMedia erroneously advises you that an Image is model-released when it is not, TypicalMedia’s liability shall be limited to the amount you paid TypicalMedia for the use of the Image.

If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Under no circumstances can you use an Image with a person or more, in a context suggesting he/she or they are endorsing a subject that can be seen as a sensitive social subject such as health issues, crime, sexual preferences, drug abuse or similar issues.

If a Release is available on file, it will remain within the database of TypicalMedia, a proof about its existence can be forwarded to the buyer, however, the Release info itself will not be disclosed in respect of the artists', property owners’ and models' privacy.

You acknowledge and agree to the following:

  • Buying a high-resolution Image (purchasing the license) does not transfer the copyright or any ownership;
  • You may never claim that an Image is yours;
  • Your license is non-transferable, which means that you are not allowed to sell, rent, give, sublicense, or otherwise distribute the Image or the right to use, or re-use, the Image to anyone else;
  • The work you create with the Image must be used either by yourself or by your client;
  • You may share the Image with 5 other people at your organization, and;
  • You warrant that you will do your best to prevent third parties from duplicating the Image.


TypicalMedia reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.

Crediting
Editorial purposes: when using Images for editorial purposes, in print or on the internet, you must credit TypicalMedia and the Artist as follows ‘©TypicalMedia.com / Artist’s (User) Name’ either adjacent to the Image or in the colophon.

Other purposes: we recommend that you credit TypicalMedia and the Artist when you use an Image for all other purposes. By this you benefit the entire community at TypicalMedia, which you are an integral part of, and help increase your success as part of the community, which, by growing contributions, gains quality and quantity.

Termination
This Agreement is effective until it is terminated. This Agreement will terminate automatically, without notice from TypicalMedia, if You fail to comply with any provision of this Agreement. You can terminate the licenses granted under this Agreement with respect to any Image(s) by destroying the Image(s), along with any copies or archives, any CD-ROM or accompanying materials (if applicable), and ceasing all use of the Image(s) for any purpose. Such termination may not effect payment or indemnity obligations.

Indemnification
You agree to indemnify, defend and hold harmless TypicalMedia, its subsidiaries, affiliates, licensors, employees, directors, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees and expenses) arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.


Warranty and Liability
You represent, warrant and covenant that:

  • You are of legal age and have the full right and authority to enter into this Agreement on behalf of you and/or your company, employer or principal;
  • You will not use the Image(s) in any way that is not permitted by this Agreement;
  • Your use of the Image(s) will not violate any applicable law or regulation of any country, state, or other governmental entity;
  • The information that you provide to TypicalMedia is accurate and true, including, without limitation, all credit card or other payment information and you shall update such information as necessary;
  • If you are acting as an agent, you must inform your client/principal of the terms of this Agreement.


Disclaimer
THIS WEBSITE AND THE TYPICALMEDIA IMAGES ARE PROVIDED "AS IS" AND TYPICALMEDIA AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, INDEPENDENT CONTRACTORS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. TYPICALMEDIA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE IMAGES, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT TYPICALMEDIA, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE OR THE TYPICALMEDIA IMAGES. WE MAKE NO WARRANTY THAT THE WEBSITE OR THE IMAGES ARE FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

TypicalMedia uses reasonable efforts to ensure the accuracy, correctness and reliability of the Images, but we make no representations or warranties as to the Images's accuracy, correctness or reliability. Some countries and American states do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability
IN NO EVENT SHALL TYPICALMEDIA ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TYPICALMEDIA, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE OR THE IMAGES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TYPICALMEDIA FOR ACCESS TO OR USE OF THE WEBSITE OR THE IMAGES.

Limitation of Remedies
Replacement or Refund: TypicalMedia’s entire liability and your exclusive remedy, with respect to any claims arising out of this Agreement shall be at TypicalMedia’s sole discretion, either: (a) replacement of Image(s); or (b) refund of any fee paid for the specific Image(s). Any claims must be brought within twelve (12) months of the date that you discovered such claim, or reasonably should have discovered such claim or shall be waived.

Miscellaneous Provisions
Any waiver of any provision of this Agreement will be effective only if in writing and signed by TypicalMedia. If any clause in this Agreement is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.

Questions and Contact Information
Questions or comments about the Website or this Agreement may be directed to TypicalMedia at legal @ typicalmedia.com.

Copyright Notice
Copyright © 2005-2008 TypicalMedia. All rights reserved.