InspirePix License Terms
License Terms November, 2024 Authorization clause Please read these TOS again when purchasing any content licenses. InspirePix reserves the right to modify TOS at any time in its sole discretion. InspirePix will make reasonable efforts to notify you of such changes before such changes become effective. Such notices may be emailed to the email address registered in your InspirePix account, posted on this page or on your login page, and/or otherwise sent. Modifications to these TOS will only apply to future purchases. By issuing a license for such modified content, you agree to be bound by the modified TOS. This is a single-seat license that authorizes only one natural person to license, download, and use the content. Unless you upgrade to a "Enterprise Package" account, no other person (including employees, colleagues) may use your account or use content authorized through your account. If you want to purchase authorized content for your principal, you will need to re-subscribe to a new account for your principal's eligibility. If you purchase a "Enterprise Package," the number of people who have permission to license, download, and use content is limited to the number allowed by the enterprise's subscription. The number of accesses and usage rights granted by InspirePix's back-end management page and other additional rights is limited to six. If you need access to more than one natural person, please contact Customer Service at [email protected]. For the sake of clarity, if the user is in an employment relationship, the employer will be considered the licensee of the license. “Content” means all content available on the InspirePix website, including backgrounds, templates, artistic fonts, illustrations, etc.) 1. Image content license Subject to your compliance with these Terms of Service, any applicable license agreement with InspirePix, and the law, you may access and use the Site. InspirePix remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Service. InspirePix may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in InspirePix’s sole discretion. InspirePix provides the Site on an "as is" and "as available" basis. All content on this Site, including but not limited to Images, and related metadata (collectively the "InspirePix Content"), as well as the selection and arrangement of the InspirePix Content, are protected by copyright, trademark, trade secret and other intellectual property laws and treaties. Any unauthorized use of any InspirePix Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and InspirePix, InspirePix does not grant any express or implied permission to use the Site or any InspirePix Content. You agree not to copy, republish, frame, transmit, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any InspirePix Content. In addition, you agree not to use any data mining, robots, or similar data and/or image gathering and extraction methods in connection with the Site or InspirePix Content. Unless you enter into a license agreement with InspirePix you may not download, distribute, display and/or copy any InspirePix Content. When the non-subscription account to which you belong is downloading and using pictures, you need to mark the website link and creator attribution as required for its storage, publication, and provision on other social media or other services. You may not remove any copyright notices contained in the InspirePix Content. If you have any questions about any content or think it violates any rights, does not comply with these terms, or is inappropriate, you can follow the instructions in these terms to contact InspirePix, or follow the instructions provided. About trademark logo License The content submitted by contributors may contain trademarks and product appearances. Due to the regional nature of intellectual property rights and the massive amount of website content, InspirePix cannot determine whether the above trademarks and product appearances are protected by a monopoly in the country where you use them. They are only displayed as effects. Obtain the commercial authorization of the above-mentioned trademarks and product appearance through the license. The following are detailed information about the use of trademarks and product appearance: ● For personal learning use only. The legal rights and interests of the trademarks and product appearances contained in the content of our website are protected by the laws of different regions. Unless otherwise specified, you can only use it for personal study, research, or appreciation. The content cannot be modified, executed, published, or produced. , Transfer to any other person for any commercial purpose or external use, otherwise, you should replace the above trademark or product design (for example Facebook trademark, held by Facebook Technologies, Inc.). ● Follow the brand guidelines of respected organizations. Any use of yours shall not be carried out in the form of unfair competition, nor shall it detract from the brand value of others or damage the legitimate rights and interests of the right holder. Free users can use images in the following situations: The image content downloaded by free users is only for personal and private use, such as mobile phone computer wallpapers, personal social media, personal greeting cards/invitation letters, etc. The source or attribution of the picture must be indicated when using it, and the sale in any form is prohibited. Charitable non-profit organizations can use it without requiring any license authorization in a non-commercial situation, and the source must be indicated when using it. Personal Premium Plan authorizes you to use images in the following situations: This is an individual license authorizing one natural person to access the account in order to license and use images. The following is a legal agreement between you, as individual licensee (hereinafter as "you") and InspirePix. This agreement does not allow Legal Entity (Company) to purchase license. Such customers must use Enterprise plan and purchase licenses under Enterprise License Agreement. Purchasing any InspirePix Personal Premium Plan can obtain the following authorization. InspirePix hereby grants you the non-exclusive and non-transferable permanent right to use (download image license agreement is required), modify (except for those expressly prohibited below), or copy the content expressly permitted by the applicable license and Global image literature subject to this agreement. The scope of application is as follows: 1. Use of digital copies of the Internet, including websites, online advertisements, social networks, electronic forms of mobile device advertisements, e-card, e-mail marketing and online media (Including YouTube, Dailymotion, Vimeo and other video sharing services) (Note: The content cannot be resold as online, and products are made for online sales) 2. Printed in the form of physical promotional materials, like posters, flyers, foldouts, letterhead paper and business cards; used for artwork packaging and labels, physical product packaging design, textile design and other packaging design; outdoor advertising (Note:the quantity for non-sale items such as promotional materials is limited to 300 copies) 3. Use content as main element for the cover and illustrations for a publication (magazines, periodicals, articles, newspapers, novels, textbooks, books,e-books and e-magazines etc) (Note:the quantity for publications is limited to 50 copies) 4. Basic Print on Demand (POD) Usage:POD services allow you to upload products/designs and only print/make them once the customer orders (e.g. RedBubble, Amazon Merch, Zazzle, etc). But you must ensure that these are not the main element of the design. For example, you cannot sell t-shirts, mugs, vinyls, calendars, etcetera, if these have an image from InspirePix as the main element of the design. This means that you must use your own designs or third party designs to create the main elements of the composition and use InspirePix images as backgrounds or secondary elements. If multiple InspirePix resources are used to create the design, these will all be considered main elements, as they all belong to InspirePix. ● With basic pod products you are allowed to: ✔Create and upload crafts and graphics to POD sites that are vastly different from the original. This means they have unique distinctive elements that are added by you. ✔You can use fonts to create quotes, sentences, word art, etc and upload those designs to POD sites. ✔Generate unlimited sales via POD sites. ✔Ship valid POD products worldwide. ● With basic pod products you are not allowed to: ✘ Simply upload designs without adding distinctive new design elements. ✘ Combine multiple products to create a 'new' design and sell that. ✘ Upload actual font files to POD sites. ✘ Upload patterns to POD sites. Enterprise Plan authorizes you and your Individual or Legal Entity (Company) to use images in the following situations: InspirePix hereby grants your Individual or Legal Entity (Company) non-exclusive, non-transferable permanent use rights (download image license agreement required), modification (except for the following expressly prohibited) and copy the content as applicable The license expressly permits and is subject to the global image literature of this agreement. (Including but not limited to individuals, companies, branches, partnerships, businesses, factories, educational/training institutions/schools, financial entities, government agencies, medical institutions, and community organizations, such as retail shops, enterprises, engineering firms, industrial societies, studios, restaurants, and workshops, etc.) The Enterprise plan grants you and your employees the right to use images: 1. Use of digital copies of the Internet, including websites, online advertisements, social networks, electronic forms of mobile device advertisements, e-card, e-mail marketing and online media (Including YouTube, Dailymotion, Vimeo and other video sharing services). 2. Printed in the form of physical promotional materials, like posters, flyers, foldouts, letterhead paper and business cards; used for artwork packaging and labels, physical product packaging design, textile design and other packaging design. 3. Use as mural decoration/decoration design. 4. Prints for resale (poster, greeting cards, postcards, calendars, business cards, etc.); Prints on merchandise for resale (textiles, mugs, stationery, t-shirts, hats, clothing, puzzles, phone cases, etc.). 5. Used for outdoor advertising (buildings, car bodies, light boxes, enclosures, shop windows, outdoor billboards, evening parties, conferences, display in public places). 6. Use as main element for the cover and illustrations for a publication (magazines, periodicals, articles, newspapers, novels, textbooks, books,e-books and e-magazines,etc) as we understand this as a secondary element of your product. 7. Products can be used for Basic Print on Demand (POD) . Basic POD will require alteration to products so it does not compete with the original product. (Allow to generate unlimited sales via POD sites). 8. Full Print on Demand (POD) Usage:All designs in our Full POD library can be used as-is on Print on Demand sites. You do not need to modify the design in any way, but can simply upload it to the POD site. When your subscription ends, you will have to stop selling the files downloaded as part of your subscription. ● With full pod product you are allowed to: ✔Create and upload designs to POD sites that are the same or similar to the original. ✔Generate unlimited sales via POD sites. ✔Ship valid POD products worldwide. ● With full pod product you are not allowed to: ✘ Upload actual font files to POD sites. ✘ Make the digital files available for anyone to download, other then uploading it to the POD site for selling. ✘ Keep selling Full POD files without modification after you end your subscription. When your subscription is ended you need to remove the Full POD files from all POD sites. The exception is when you used a file to create a complete new design, as then it will fall under Basic POD which applies to all products. Note:The scope of these authorization rights and the printing and distribution restrictions allowed are differentiated according to the type of corporate membership. For details, please refer to the display on this website. If you still have doubts about the license of Enterprise, or the scope of the license does not match the rights you need, please contact customer service. (Email:[email protected]) 2. Restrictions on the use of image content You cannot: a. Use image content other than the image content explicitly provided by the license you purchased in connection with such image content. b. When depicting any character ("model") portrayed in the content of the picture, the way it is portrayed makes the normal person feel offended, including but not limited to portraying the model as a) with obscene works, "adult video", adult entertainment venues , accompanying services, dating services or similar content; b) related to advertising or promotional activities of tobacco products; c) participation in political activities (such as any political parties, candidates, elected officials, advertising, or support activities), or involving Any political policy or opinion; d) suffering from or being treated for physical or mental illness; or e) participating in unethical or illegal activities. c. Use any image content in obscene works, defamatory content or false content, or in ways that would be considered defamatory, obscene, or illegal. d. Resale, redistribution, access, sharing or transfer of any image content or rights, except as expressly provided herein. For example, but not limited to, the content is prohibited from being displayed as a "library" of the content (or a component thereof), such that the third party can search for and select from the content. e. Use image content in a manner that infringes the trademark or other intellectual property rights of any third party or results in fraudulent advertising or unfair competition claims. g. Falsely or reasonably implied that the content of the image is created or claimed to be the copyright of the work by someone other than you or the copyright holder of the image content. 3. Warranty and Statement InspirePix guarantees and represents: a. InspirePix's contributors have granted InspirePix all necessary rights to the Content to grant the rights set forth in Sections I or II of the Applicability. It does not: i) infringe any copyright, trademark or other intellectual property rights; ii) infringe the privacy or publicity rights of any third party; iii) violate any laws, regulations; or iv) defamation, pornography or Obscene. b. Although InspirePix has made reasonable commercial efforts to ensure the accuracy of the keywords and descriptions, InspirePix does not endorse any of the following and/or Or a statement: keyword, title or description; InspirePix does not assume any responsibility or liability for any claims arising out of any keyword, title or description. c. InspirePix makes no representations or warranties other than as expressly provided in this Section of Warranties and Statements. 4. Compensation and Liability 4.1 Subject to the terms of this Agreement, if you do not violate the terms of this Agreement or any other agreement with InspirePix, InspirePix will defend the applicable Limitation of Liability described below, and will protect you from damage. Such compensation is limited to direct damages caused by the Client's third-party claims that are directly attributable to InspirePix's breach of the express warranties and representations set forth in Section III of this Agreement. The condition for compensation is that you notify InspirePix in writing of any such claim or threatened claim within five (5) business days of the date you know or reasonably know the claim or threatened claim. Such notice must include all details of the claim you are aware of at the time (eg, use of the content in dispute, the name and contact information of the person making the claim and/or the entity, and a copy of any communications received and/or sent) With the claim). Notifications must be emailed to [email protected] with a hard copy to, note: General Counsel, certifying mail, requesting a return receipt; or ii) overnight delivery, requiring a recipient signature. InspirePix reserves the right to resolve, resolve or defend any claim or action applicable to this indemnity. You agree to cooperate with InspirePix to protect any such claims and have the right to participate in any litigation at your own expense. You agree that InspirePix shall not be liable for any legal fees and/or other expenses incurred by you or on your behalf until InspirePix has a reasonable opportunity to analyze the validity of such claims. 4.2 InspirePix is not responsible for any damages, costs or losses resulting from modifications to the content or due to the context in which you use the content. 4.3 The User acknowledges and agrees that he/she/it uses the Website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms. If you have questions about the above, please contact customer service. (Email:[email protected]) 4.4 You will indemnify InspirePix, its officers, employees, shareholders, directors, managers, members and suppliers from any damage or liability arising out of the use of the content of the images, except as expressly stated in these Terms of Service. Allowed use. If you violate any of the terms of this Agreement or any other agreement with InspirePix, you further agree to indemnify InspirePix for all costs and expenses incurred by InspirePix. 5. Additional Terms 5.1 After InspirePix has given notice, or you have learned that any content is threatened or actual infringement claim, in violation of other rights or any other statement that InspirePix may be liable, or InspirePix removes any content due to perceived business risk, according to InspirePix If you reasonably determine and notify you of such removal, you will remove the content from your computer system and storage device (electronic or physical) and, if possible, stop using the removed content in the future at your own expense. InspirePix will provide you with comparable content for free (as determined by InspirePix in its reasonable business judgment), subject to the terms and conditions of these Terms of Service. 5.2 If you use any content as part of a work product created or delivered to a customer or customer for a customer or customer, you will disclose the identity of such customer or customer to InspirePix in accordance with InspirePix's reasonable request. 5.3 Neither party may assign this Agreement without the prior written approval of the other party, but InspirePix may assign this Agreement to a subsidiary, an affiliate within the InspirePix Group, a merger or other entity involved in the restructuring of a company involving InspirePix, or An entity of all or almost all of InspirePix's assets or capital stock. 5.4 Unless otherwise stated in the coupon, any coupon or discount code applicable to the purchase will only apply to the first payment associated with such purchase. 5.5 If any jurisdictional law or regulatory body finds that any individual terms of these Terms of Service are invalid or unenforceable, such investigations are limited to such invalid or unenforceable parts and do not affect the remainder of such individual terms. Or any other part of these Terms of Service, otherwise the Terms of Service will remain in full force and effect. 5.6 It is expressly understood and agreed that the Terms of Service are entered into for the mutual benefit of the parties to this Agreement and that the Terms of Service do not impose any benefits, rights, obligations or obligations with third parties. 5.7. If you violate any of the terms of this Agreement or any other agreement with InspirePix, InspirePix reserves the right to terminate your account without notice, except for InspirePix's other legal and/or equity rights. If your account is terminated due to a breach of contract, InspirePix is not obligated to refund any fees you pay. 5.8 The liability of any personal license purchased by InspirePix under this Agreement shall not exceed the “Limited Limitation” of the license applicable to the Client when it knows or should be aware of the License, and does not consider the number of times the Subject Content is licensed or used by you. 5.9 Except as expressly provided in Section IV of this Agreement, InspirePix shall be liable to you or to any third party arising out of or in connection with your use of the InspirePix Website and/or Content (whether by contract, infringement or Other ways) exceed the applicable content license amount actually received by InspirePix. 5.10 InspirePix and any of its officers, employees, managers, members, shareholders, directors or suppliers do not assume any general, punitive, specific, indirect, consequential or incidental damages to you or any other person or entity. Liability for loss of profits. Any other damage, expense or loss resulting from your use of the Content, InspirePix in violation of this Agreement or other reasons, unless expressly stated herein, even if InspirePix has been advised of such damage, cost or loss. 5.11 Unless otherwise expressly provided in Section III, all contents are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, non-infringement, merchantability or implied warranties of fitness for a particular purpose. . If you modify or use content in a specific context, some content may contain elements that require additional permissions. If you make such modifications or use of the content in such circumstances, you are solely responsible for obtaining any additional licenses required. 5.12 InspirePix does not guarantee the content, InspirePix website or other materials meet your requirements, or use without interruption or error. The full quality of the content, performance, and use of the content is at your own risk.