TYPES OF RIGHTS AVAILABLE
Rights-managed
Rights-managed products are high-quality products with a license and fee based on your specific use. The fee is calculated from several factors including print run, size, placement, duration of use and geographic distribution. At the time you order a rights-managed product, you will be asked to submit information that will determine your licensing fee. Please read License information. Rights-managed products are identified by an (RM) notation next to the identification number.
Royalty-free
Royalty-free pricing is not based on the specific use. You don't have to pay any additional fees on a use-by-use basis. Once you purchase a royalty-free product, you may use it multiple times for multiple projects without paying additional fees. Royalty-free images offer creative professionals an alternative to right-managed imagery -- without sacrificing quality or creativity. Royalty-free products provide a solution for every budget, with few usage restrictions. Once you pay the fee for a royalty-free product, you can use the images as frequently and creatively as you'd like. Please read License information. (Pornographic, defamatory, libelous or otherwise unlawful use of any image is, of course, prohibited.) Royalty-free products are identified by an (RF) notation next to the identification number.
Rights Managed License agreement
This document together with any Invoice (as defined) provided now or hereafter (collectively, the "Agreement") govern your rights and obligations concerning delivered Image(s).
- In this agreement the term
- No variation of terms or conditions set out herein shall be effective unless agreed in writing by both the parties.
- "Picture" includes a photograph, transparency, negative, design, artwork, painting, drawing, digital image or any other item that may be offered for the purpose of reproduction.
- "Reproduction" includes any form of publication or copying of the whole or part of any picture, altered or not, whether by printing, photography, slide projection (whether or not to an audience) or presentation, electronic or mechanical production or storage by any other means.
- All rights of the Images are owned by White Images and / or licensors. No property or copyright of any form in any picture shall pass to the client in any circumstances, at any time, regardless of any exclusive or non exclusive rights agreed to.
- Reproduction rights (if and when) granted are strictly limited to the use, period of time, territory and other details specified on the supplier's invoice.
- Reproduction rights are granted subject to the understanding that any clearances for property rights concerning private or public buildings and monuments are entirely the client's responsibility. Unless specifically mentioned otherwise model releases are also the responsibility of the client.
- All reproduction rights are always Non-exclusive except when specified on the invoice and that too only for the time, territory & media originally stated.
- Any reproduction rights granted to a client are for that specific Client's use only and are not transferable to any third party with out permission in writing with the supplier.
- The invoice will list all the pictures being delivered to the client, which shall be presumed to have been received in good condition on acceptance of invoice. Any discrepancy must be notified to the supplier IMMEDIATELY within 3 hours in LEBANON or 24 hours for any other destination.
- After a fee has been agreed and an invoice issued there is a firm binding contract whereby the supplier is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment, the Client requests cancellation of the reproduction rights the Client is bound to pay 25% of the invoice as cancellation fee if the picture has been scanned or the seal of the CD-rom containing digital file is not broken.
- The Client's right to reproduce a picture arises only when the supplier's invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and breech of this agreement entitling the Supplier to rescind the agreement and rendering the Client liable for payment of damages.
- A Client agrees to indemnify the supplier in respect of any claims or damages or any loss or costs arising in any manner from the reproduction of pictures without obtaining proper reproduction rights from the Supplier.
- The Client shall be totally responsible to comply with the Laws of the country in which the pictures are distributed.
- The Client who has obtained reproduction rights may in no manner electronically or otherwise alter the picture, which may reasonably construed as derogatory or offensive to the social and religious sentiments of the territory of its use.
- The client to whom reproduction rights have been granted for editorial use must give a credit line specified by the supplier failing which the reproduction fee payable by the client is subject to increase of 25%. Electronic use, storage and transmission of images are forbidden without the express written permission of the supplier.
- Electronic use, storage and transmission of images is forbidden without the written permission of the supplier.
- In case of Publications, two copies of the relevant pages containing any picture supplied are to be furnished to the supplier by the client free of charge within two weeks of publication. In other media, evidence of use must be made available if requested.
- While the supplier takes all reasonable care to caption the images, the supplier shall not be liable for any claim arising out of inaccuracies in the caption of the picture.
- The laws of England and Wales whose courts are the courts of exclusive jurisdiction govern this License Agreement.
Royalty Free License agreement
This document together with any Invoice (as defined) provided now or hereafter (collectively, the "Agreement") govern your rights and obligations concerning delivered Image(s).
IMAGE SOLUTIONS LICENSE AGREEMENT THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WHITE IMAGES.
BY INSTALLING THE CD-ROM / DOWNLOADING AN IMAGE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are entering into this Agreement on behalf of your employer, the License granted and the restrictions and limitations on the use of the images set forth below apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to use the images under the terms of this Agreement.
License Grant, Restrictions and Indemnifications
WHITE IMAGES grants you, and your employer if you are licensing images on behalf of your employer, a non-transferable, non-exclusive, worldwide, perpetual license to store, reproduce and use the specific photographic image(s) that you have purchased during this transaction, and any authorized derivatives or copies thereof (collectively the “Images”) for your own commercial or non-commercial use, other than those uses specifically restricted herein. The Images may be shared by creating an image library, image storage jukebox, network configuration or similar arrangement as long as no more than ten (20) individuals (including you) employed by the same entity have access to the Images. You expressly acknowledge that this is not a “simultaneous users license” and you may not have more than ten (20) specific people access the Images even if only ten (20) people are accessing the Images at any particular time.
Restrictions: You agree not to use the service:
- for any unlawful purposes;
- to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
- to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including, but not limited to White Images;
- to harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
- to attempt to upload images by any method to another user’s account without permission
- to upload, post, email or otherwise transmit any material which is likely to cause harm to White Images or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the service which may cause any defect, error, malfunction or corruption to the service;
- to transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity; or
- to collect, intercept or harvest screen names, to collect, intercept or store personal data about other users of the service or to solicit or attempt to discover a user's password, screen name or other registration information without the user's express knowledge and consent.
You further agree that you shall not:
- interfere with or disrupt (or attempt to interfere with or disrupt) this service or servers or networks connected to this service, or to disobey any requirements, procedures, policies or regulations of networks connected to this service;
- provide any information to White Images that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
resell the service or any portion of the service.
Specifically, you may:
Use the Images on a worldwide, unlimited and perpetual basis as a part of advertising and promotional materials, packaging; multi-media including web-design, broadcasting, publishing; materials for personal, non-commercial use.
Specifically, you may not:
Sublicense, re-license, rent or lease any of the Images to third parties separate or independent from a specific product, website, or similar;
copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the ten (20) authorized users, without prior written consent from White Images or its Sales Agent; you acknowledge that for extended usage by more individuals than provided for by this License Agreement, you will have to retrieve Extended License Rights promptly from White Images;
Automatically under the terms of this Agreement use the Images in commercial products where the Images make up a significant part of the re-sale value of the product (i.e., postcards, posters, calendars, etc.). For such usages of an Image you must acquire an extended one-time Commercial Product Image License from White Images;
Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with White Images in any manner;
Sub-license, resell or otherwise distribute the Images to third parties except as an integral part of your product or web-page and only for the life and extent of such a product;
Make the high-resolution (300 dpi) Images accessible for download beyond the scope of the license rights provided by this License Agreement or place the Images on-line in a downloadable FTP format;
Use the Images in ways that might be construed as explicitly pornographic, defamatory, libelous or otherwise unlawful,
Indemnification: You understand and agree that you are personally responsible for your behavior in connection with the service. You agree to indemnify, defend and hold harmless to White Images, its and our subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents and any third-party information providers to the service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (a) images or other content you post to the Site or submit through the service, (b) use or misuse of the service by you or any other person who accesses the service using your account, (c) any violation of these terms of service or (d) any violation of any rights of a third party.
TERMS OF USE OF THE LICENSE
Ownership and Intellectual Property
White Images and its content sources retain all right, title, and interest in and to all of the copyrights, patent rights, trademarks, trade secrets, and all other proprietary rights in the content. You do not acquire any copyright ownership or equivalent right in or to any content or any other property of White Images or its content sources as a result of any license White Images grants to you. The White Images, Software and other content we provide on the Website is all subject to copyright belonging to us. Your use of the Images and Pictures, Software or other content we provide or accessible through the Website does not grant you any ownership rights in these items. Except as permitted by law, you may not de-compile, reverse engineer, disassemble, reduce to human-readable form any software or images contained on the Website, or otherwise reproduce part or all of the contents in any form other than in accordance with the following permissions:
License to copy for personal use: You may for your personal use save to your individual storage medium copies of the content of the Website as necessary and incidental to your acts of viewing it, and you may print for your personal use of so much of the content of the Website as is reasonable for private purposes provided that all proprietary notices are retained.
License to recopy for limited purpose: You may recopy the content of the Website to individual third parties for their personal information only if: (a) you acknowledge this Site as the source of the material and you must include such acknowledgement in the copy of the content of the Website; and (b) you inform the third party that these conditions apply to him or her and that he/she must comply with them. This license to recopy does not permit incorporation of the content of the Website or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of a page from the Website may be distributed or copied for any commercial purpose. No part of this Website may be reproduced on or transmitted to or stored in any other website or other form of electronic or non electronic retrieval system.
White Images reserves the right to withdraw or modify the licenses set out above at any time.
Warranty and Disclaimer
White Images warrants the digital copy of the Images in the form stored on this White Images CD-ROM and duly purchased by you or your employer, to be free from defects in material and workmanship for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Images or refund of the purchase price, at White Images sole option. White Images MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. NEITHER IMAGE SOLUTIONS NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES ARISING OUT OF THIS LICENCE, THE USAGE OF THE IMAGES INCLUDING ANY CLAIM FOR LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM OF A THIRD PARTY OR OTHERWISE.
Reservation of Rights and Protection of Intellectual Property
All rights to the Images are owned by White Images and / or its licensors and are protected by domestic copyright laws, international treaty provisions and other applicable laws. White Images and its licensors retain all rights not expressly granted under this Agreement. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this Agreement.
Payment Terms
No licenses are granted until full payment of White Images invoice is received. Unless credit terms have specifically been agreed directly between White Images and the licensee, payment of White Images invoices must be received on the soon of 14 days of its date net, without any discounts, or prior to publication of any Image(s). The licensee agrees to pay White Images a service charge of two percent per month on any unpaid balance after this time period for the use of the images(s).Any disputes concerning the invoice must be submitted in writing within five (5) business days of the invoice date, or the licensee shall be deemed to have accepted the invoice as issued.
Condition of Licensed Material
Licensee should examine all licensed material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. White Images shall not be liable for any loss or damage suffered by licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any licensed material or its caption or in any way from its reproduction.
Revocation
White Images reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of a License for a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Termination of License Grant
The License Grant and your right to use the Images shall automatically terminate, without prior notice or refund of any moneys paid, if you violate any part of this Agreement. In the event of termination, you must immediately destroy all copies of the Images or, at White Images’ request, return them to White Images.
Other Terms & Conditions
Unauthorized Use: Any use of licensed material in a manner not expressly authorized by this agreement or in breach of a term of this agreement constitutes copyright infringement, entitling White Images to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to White Images other remedies under this agreement, White Images reserves the right to charge and licensee agrees to pay a fee five times White Images’ normal fee for use of the licensed material.
Use of the Images must be in compliance with all applicable laws, statutes and regulations including, but not limited to, laws and regulations relating to currency and the law of moral rights.
The laws of LEBANON whose courts are the courts of exclusive jurisdiction govern this License Agreement. The provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.
If you wish to use the Images in a manner not permitted under this License Agreement and its terms of use, Please contact White Images
info@whiteimages.com or by telephoning +961 (1) 568700.
Copyright © White Images. All rights reserved.