Content License Agreement
1. Licensing Terms and Conditions.
In order to complete your purchase, you must agree to the following rules of usage. By purchasing, downloading, and/or using Indigistock Stock Media for any of the approved uses, including those listed in the chart in section 3.1 below, you signify your acceptance of this License Agreement, and in return for a license to use Indigistock Stock Media, you wholly agree to the following terms and conditions. If you refuse to accept the contractual obligation defined in this Commercial License Agreement, you are not permitted to purchase, download and/or use the Indigistock Stock Media in any way, shape or form. Please fully and thoroughly read this License Agreement before agreeing to the conditions specified herein. Indigistock reserves all rights not expressly granted to you under this License Agreement. The Indigistock Stock Media is licensed to you solely for your own business or personal use, and it remains the intellectual property of Indigistock and/or its licensors. It contains Indigistock Stock Media files with digital, machine-readable data, and is supplied to you by Indigistock for usage only.
2. Permitted Usage.
Please note that any License (standard or extended) are defined by all the terms contained in this License Agreement, with the addition of the specific applicable condition(s) mutually agreed to in writing. You may request a different type of license at any time. The request may require the payment of additional fees associated with that license.
3. Types of Permitted Usage.
Advertisement designs for online or mobile use, newspapers, magazines, and/or other printed or digital materials with the exception of any items that are for sale as defined below.
In-house, internal, multimedia, interactive and video presentations.
Printed promotional media. This includes product packaging, catalogues, brochures, seasonal greeting cards, post cards, flyers, and posters.
Designs used for physical media including CDs, CD packaging, DVDs, DVD packaging, printed books, book covers, commercial films, movies, and theatrical presentations.
Editorial media including printed magazines, newspapers, editorials, and newsletters (not for selling things).
RESTRICTED USAGE – YOU ARE NOT PERMITTED TO:
- Use Indigistock Stock Media to create a trademark/logo for a brand without specific written permission from Indigistock and the Artist – it’s already copyrighted and someone else (not you) owns that copyright. However, if you would like to use it as your registered trademark or in some other way that is not permitted – just ask us. We might be able to either put you in touch with the artist or grant you a special license.
- Use Indigistock Stock Media in “print-on-demand” products and/or services. Please contact Indigistock at: contact@indigistock.com and we can work with you on a custom extended license.
- Use Indigistock Stock Media in pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material.
- Sell, sublicense, distribute or otherwise grant rights of any kind to Indigistock Stock Media.
- Modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the Indigistock Stock Media that you then make available as editable files.
You may add elements around the Media or use it as part of another design or layout or change the colors of the Media; however, the modified or derivative Media is subject to the same terms and conditions as the original Media under this License. You may not, however, significantly modify the shape or the characteristics of the Media without express written consent from Indigistock or the Artist, due to the high value and originality of the Media provided via the Indigistock Platform.
4. Proprietary Rights and Obligations.
Indigistock Stock Media is the valuable property of the Company. You CAN NOT modify Indigistock Stock Media or use it to create altered or combined Stock Media that you then make available to others as editable Stock Media. You will not make or have made, or permit to be made, any copies of the Indigistock Stock Media, documentation, or any portions thereof, except such copies as are necessary for the installation and use of the Indigistock Stock Media in accordance with the terms of this License Agreement. Any such copies of the Indigistock Stock Media shall contain the same proprietary notice which appears on or in the Indigistock Stock Media. If Indigistock finds out that you are violating the terms of this License, then Indigistock reserves the right to terminate your membership and pursue our and our Artists’ rights to the fullest extent of the law. Some of our works may require attribution to the Artist – in those cases, that will be explicitly stated when you purchase the Media. If you DO modify or make derivative works of the Media for your use and for permitted uses, such Media shall continue to be owned by Indigistock or the Artist, and the derivative or modified Media shall be subject to the same terms and conditions of this License as the original Media.
5. Assignment.
Assigning the license to a third party is not permitted, EXCEPT if you are using this platform in connection with your position with a commercial entity, then you may transfer the usage rights and license to a third party who takes over your position ONLY if written notice and updated information is submitted to Indigistock and the third party agrees to adhere to the conditions of this license agreement for Indigistock Stock Media. This does not mean that you cannot use the Indigistock Stock Media for clients and customers. However, you are responsible for their actions as your name is on the License and so you need to ensure that they are adhering to the terms of the License or that you (or they) have purchased the appropriate License for their activities.
6. Exclusion of Other Usage.
Selling, lending or otherwise transferring Indigistock Stock Media to any third party or parties is strictly prohibited. In addition, transferring the Indigistock Stock Media as a component or sub-component of other products, e.g. electronic documents or sub-licenses, to a third party or parties is also strictly prohibited. Furthermore, You agree not to modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the Indigistock Stock Media that you then make available as editable files.
7. Exclusivity.
Indigistock retains title and ownership of the Indigistock Stock Media and all subsequent copies of the Indigistock Stock Media, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this License Agreement does not grant you any rights to trademark or claim any other intellectual property rights to the Indigistock Stock Media. In the event your use of the Indigistock Stock Media is found to infringe on the intellectual property rights of any third party, in any jurisdiction, you will immediately cease any and all use of said Indigistock Stock Media in such jurisdiction, or you will secure any and all additional rights necessary for such use in such jurisdiction.
8. Term.
The license is effective until terminated by Indigistock. Indigistock will not revoke your License arbitrarily, but Indigistock has the right to terminate your license immediately and at any time if you fail to comply with any term of this License Agreement. In addition, Indigistock reserves the right to claim punitive damages. Upon such termination you will destroy the original and any copies of the Indigistock Stock Media and related documentation and cease any and all use of the Indigistock Stock Media.
9. Limited Warranty.
Indigistock warrants that the Indigistock Stock Media delivered to you is free of defects in workmanship and manufacture for a period of ninety (90) days from the date of delivery to you as evidenced by a physical or digital copy of your transaction email. If failure of any physical media results from accident, abuse, or misapplication of the Indigistock Stock Media, Indigistock shall have no responsibility to replace the physical media.
EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE STOCK MEDIA AND DOCUMENTATION ARE PROVIDED ‘AS IS.’ INDIGISTOCK DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE INDIGISTOCK STOCK MEDIA OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR INDIGISTOCK’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, INDIGISTOCK MAKES NO WARRANTIES EXPRESSED OR IMPLIED AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. INDIGISTOCK DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limit of Liability.
In no event will Indigistock be liable to you for consequential or incidental damage (including damage from loss of business profits or savings, business interruption, loss of business information, and the like) or for claim by any party arising out of the use of or inability to use the Indigistock Stock Media, even if Indigistock has been advised of the possibility of such damage.
Each party’s liability under the Terms is hereby limited to twice the aggregate sum of the License fee (defined in the Terms). This limitation shall not apply to a party’s indemnification obligations which shall be limited to $750,000.
11. Indemnification.
You agree to indemnify, defend, and hold harmless Indigistock and its clients, affiliates, licensees, assignees and parent, subsidiary and affiliated companies, and the officers, directors, shareholders, employees and agents of all such entities, from and against any and all third party claims, suits, proceedings, costs, losses, liabilities, damages and expenses, including attorneys’ fees and costs, of any kind or nature whatsoever, from and against any claims or damage which may result from your breach of this License Agreement.
Indigistock agrees to indemnify, defend, and hold harmless YOU and your clients, affiliates, licensees, assignees and parent, subsidiary and affiliated companies, and the officers, directors, shareholders, employees and agents of all such entities, from and against any and all third party claims, suits, proceedings, costs, losses, liabilities, damages and expenses, including attorneys’ fees and costs, of any kind or nature whatsoever, from and against any claims or arising from the rights to use the Media.
12. Revisions.
This license may be slightly updated from time to time, with the latest version always being available on our website.
13. Law.
This License Agreement is governed by the laws of the State of North Dakota.