Licence Agreement

LICENCE AGREEMENT

This is a licence agreement between you and pH7 Anything But Neutral Ltd (“us”) that explains how you can use photos, audio, graphic design elements and video clips (individually and collectively, “content”) that you license from us. By downloading content from us, you accept the terms of this agreement.

HOW CAN I USE LICENSED CONTENT?

You may use licensed content in any way consistent with the rights granted below and not restricted (see Restricted Uses). Subject to those restrictions and the rest of the terms of this agreement, the right granted to you are:

Perpetual: meaning there is no expiry or end date on your rights to use the content.

Worldwide: meaning content can be used in any geographic territory.

Unlimited: meaning content can be used an unlimited number of times.

Any and all media: meaning content can be used in print, in digital or in any other medium or format.

Non-Exclusive: meaning that you do not have exclusive rights to use the content. We can license the same content to other customers.

For the purposes of this agreement, “use” means to [copy, reproduce, modify, edit, perform, display, broadcast, publish or otherwise make use of]. Please make sure you read the Restricted Uses below for exceptions.

RESTRICTED USES

No Unlawful Use

You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes.

No Standalone File Use

You may not use content in any way that allows others to download, extract or redistribute content as a standalone file.

No Sensitive Use Without Disclaimer

If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.”

No False Representation of Authorship

You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.

Who, besides me, can use the licensed content?

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. Unless you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client. In other words, if you purchase an image, only one of you (and not both) may reuse that image for multiple projects.

INTELLECTUAL PROPERTY RIGHTS

Who owns the content?

All the licensed content is owned by us or our content suppliers. All rights not expressly granted in this agreement are reserved by us and the content suppliers.

TERMINATION

We may terminate this agreement at any time if you breach any of the terms of this or any other agreement with us, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to us in writing that you have complied with these requirements.

CONTENT WITHDRAWAL

We may discontinue licensing any item of content at any time in our sole discretion. On notice from us, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which we may be liable, we may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. [We will provide you with replacement content (determined by us in our reasonable commercial judgment) free of charge, subject to the other terms of this agreement.]