STANDARD LICENSE AGREEMENT

This Agreement defines the terms by which a Buyer of DepositPhotos becomes an owner of rights to use images and other materials from the archive of DepositPhotos placed at the site by a Supplier or other users of the resource. This Agreement is a supplement to the Utilization Terms and Membership Agreement that all content users (Suppliers and Purchasers) agree to become acquainted with prior to using the Site. In case of contradictions in the texts of the License Agreement, Membership Agreement and Site Utilization Terms, the terms of this License Agreement shall be dominant and definitive.

1. General provisions

This document determines rights and liabilities of Buyers and Suppliers within the service provided by DepositPhotos. By selecting the box «I Agree» at the end of the agreement, you confirm your consent with its provisions and its acceptance in your own name or on behalf of the organization which the account belongs to. If the terms and provisions of this Agreement are accepted on behalf of the organization, the user confirms and guarantees that he or she has satisfactory and full right and ability to exercise the approval of such agreements. If the user has no such right or he or she does not agree with the terms and provisions of this Agreement, he/she should abstain from visiting, utilizing and uploading of materials at the Site, as well as from acceptance of the terms of this Agreement.

According to the terms and conditions of this Agreement the word «Content» or «Images» mean any kind of illustration, photography or other image presented in electronic form and accompanied by associated material, which has been placed in the site archive and can be downloaded from there.

Articles and provisions of this Agreement change depending on whether a user chooses an option of content usage in accordance with the terms of the Standard License, or plans to use the Extended License in which one or several articles are changed in accordance with the user's needs.

A Buyer can choose and apply the Standard or Extended License during content downloading from the Site. Articles and provisions acting in accordance with the Extended License are different depending on the certain content and (not) obtained permission of the content Supplier on their use. If a Buyer has not chosen application of the Extended License for the content, or the licensing options for the content have not been provided by the Supplier, by default the Buyer agrees with the provisions of the Standard License.

2. Standard License Terms

DepositPhotos confirms and guarantees to the Buyer a Non-Exclusive, nonnegotiable, lifetime license that is valid throughout the world for utilization of the content downloaded from the Site archive within the limits circled and defined by the terms of this Agreement (Article 3, Permitted utilization). If an action is not included within the Permitted utilization section, or is otherwise directly forbidden, the Buyer has no right to perform it. Other rights on materials, including the right on intellectual property and other similar and allied rights concerning the materials, are retained by the right holder (DepositPhotos or the Supplier depending on particular circumstances).

3. Permitted utilization under the Standard License

The image downloaded from the Site archive can be used by the Buyer for sales promotion, advertising and similar purposes allowed by his/her license. The Buyer has no right to use the downloaded image for manufacturing products for sale, licensing or other forms and ways of distribution except the following cases:

1. An assumed way of usage is allowed within the scope of the Extended License applied to the material;
2. The material has been significantly changed, and the result is an individual original work that gives the author the right to ownership and protection of the copyright in accordance with the terms and provisions of the Law in force at the territory of his/her country. The new, «derived» work should not coincide or comply (be recognizable) with the source, which does not allow the identification of the source in the whole or containing a part of such image, and can pass as an original file. Conformity of such material with the above-stated criteria will define it within this Agreement as a Permitted derived work. Nevertheless the Buyer has no right to modify the material slightly or with its further placement on products for (re-)sale such as cups, posters, t-shirts, stencils etc. Such usage will not be permitted. If for whatever reasons it is possible to state that the achieved work falls under the description of the Permitted derivate, the Buyer must acquire the Extended License on the used image or contact DepositPhotos (User support service) for explanation. Usage of the materials received from the Site that does not fall under the description of the Permitted utilization will be considered as violation of copyright and allied rights.

4. Limitation on the quantity of places of usage.

Usage of the materials downloaded from the Site archive is allowed to the Buyer only. At this, he/she has the right to pass files containing purchased images or Permitted derived works for usage to third parties namely customers, clients, editors etc. with the purpose of use within the Permitted usage. Such usage is possible providing that in the future these persons will not become owners of the derived work.

The Buyer is able to use an image in one place only for an unlimited number of times (within the limits stated in the Article 4 of this Agreement). The Buyer has the right to physically move images (files containing it). If the Buyer needs to use an image in more than one place simultaneously or provide access to the image for more than one person, the Buyer must obtain the Extended License for the used image with the option of multi-user access to the image. Within the Standard License, the Buyer can create one backup copy of the material with obligatory transfer of all remarks concerning copyright and ownership right on it.

  Permitted ways of material usage:

1. Use images within promotional and advertising projects such as presentations, catalogs, printed and handout materials, booklets, and flyers (that are not for sale);
2. Use for editorial purposes such as images in magazines, newspapers, books and their covers, use in dramatic performances;
3. Electronic and online publications (web pages of maximum 800 × 600 pixels);
4. Printed copies such as posters, printouts, other reproductions for advertising or personal use, not intended for sale and other kind of distribution;
5. Other types of usage with a written permission of DepositPhotos.

If for whatever reason there is a question regarding the permitted nature of the material usage, the Buyer should apply to DepositPhotos (User support service) for explanations.

5. Restrictions and limitations of the Standard License

The Buyer has no right to use the materials to perform any actions not allowed in the previous Article of this Agreement or listed in the articles and provisions of the Extended License (if it is applicable to the material).

Restricted actions cover:

1. Use of images or their elements within designs intended for sale including design of templates for applications, sites, electronic postcards, business cards, booklets etc., irrespective of the way of their distribution and sale (including online);
2. Use of images or their parts in places destined for product sale promotion or meant (used) for selling products such as t-shirts, cups, undershirts, posters etc. with images put on;
3. Use of images or their elements as a part of a trademark or trade sign (in full or partially), a company's name, a logo, a product’s trade name;
4. Use of materials for the creation of posters or other printed products intended for (re-)sale, license or distribution by other ways for the purpose of profit deriving;
5. Use of materials in manufacturing of any products if such usage will result in the repeated and multiple usage and distribution of the image (for example, using at creation of web templates, web postcards) or otherwise will give possibility to third parties to get access to it, detach or reproduce it;
6. Use of materials with the purposes that can be considered by DepositPhotos (within legal bounds) as indecent, porn, detractive, criminal, amoral, libelous etc., or those having a purpose or result of negative influence upon the reputation of the property or person described in the material;
7. Use, show, or placement of materials that:
   • Implies the endorsement or recommended use of products or services of a certain enterprise or trademark;
   • Displays a person/model in a potentially or actually abusive, indecent, or provocative aspect. These include images of social, sexual, religious and any other preferences, aspects of physical and mental health, preferences or abuse by drugs, nicotine, alcohol, etc.
8. Change, recompilation, deletion of a program code containing in the material;
9. Deletion of a mark about the ownership right and copyright as well as allied rights regardless of their location, in or at the material;
10. License handover, transfer and distribution of the material relative to it rights prescribed and provided within this Agreement;
11. Placement, installation, usage of materials in more than one place simultaneously, provision of access to the material through network resource of other users;
12. Use of materials by such a way that allows the download, transmission, distribution, change or other similar actions with the use of portable devices for file exchange;
13. Use of materials for editing purposes without adding in the image the following remark: «©DepositPhotos/An artist’s name»;
14. Material reproduction personally or together with third parties at a quantity exceeding 500,000 pieces (in case of absence of the Extended License). If such situation exists, the Buyer will be obligated to pay $0.01 as a compensation for each additional reproduced copy. This limitation does not apply to use of materials within the limits of newspaper, magazine, internet advertising, as well as broadcasting on TV and internet and theatrical performance.

6. Exceeding of allowable quantity of reproductions

If the Buyer disregards Article 5 of this Agreement concerning limitation of the reproduction quantity without obtaining an Extended License, in future the Buyer is required to notify DepositPhotos that he/she personally or together with anyone has reproduced the material or its element in quantity over 500,000 pieces. Such notification must be sent to DepositPhotos upon the end of each month during which the Buyer has made a certain amount of reproductions in excess of the allowable, starting from the moment the image use exceeds 500,000 pieces. The notification must contain data on quantity of the reproductions made by the Buyer per month over the permitted quantity, and also consent to pay a compensatory bill, which will be formed by DepositPhotos according to the data provided by the Buyer during 30 days from receipt.

7. Terms and provisions of the License Agreement

This Agreement is effective until its termination. The Buyer may terminate this agreement at any time by the destruction of any materials, produced as Permitted derived works, associated materials, archives, copies, with further cessation of use and application of the materials with any purposes. The Agreement can be terminated from the side of DepositPhotos without prior notification in case of nonfulfillment of its conditions by the Buyer. In case of such termination the Buyer must coincidently and immediately destroy any materials, archives, copies, related stuff, Permitted derived works, stop their usage for any purposes and in case of request, provide DepositPhotos with written confirmation that such requirements have been fulfilled.

DepositPhotos reserves the right at its discretion to cancel the license, change it or replace the material with similar/alternative ones. If such replacement was made after sending a notification to the last provided e-mail address, the license to the material that was replaced (including products not yet manufactured) is cancelled automatically. A renewed license is applied to the replacement material. The Buyer agrees to discontinue the use of the replaced material and any Permitted derived works and also perform all actions necessary for cessation and termination of its use.

8. Limited Representation, Warranties

This Agreement is a content exchange point between the Suppliers of the content and Buyers who have expressed a wish to use such provided content. DepositPhotos does not have nor does it provide any warranties or rights to the use of images portraying people, decor, trademarks, names, designs, elements protected by copyright and allied rights or other forms of intellectual property.

DepositPhotos does its best to display and keep current all materials within the categories presented at the Site but bears no responsibility for their accuracy and accordance.

The Site Content and the Site itself are offered for viewing and use without any personal interference from the side of the Site holders (except pre-moderation), terms and guarantees of any kind, implied and explicit. These guarantees cover conditions and requirements of the material merchantability. DepositPhotos does not warrant that the Site content and its work will meet user's expectations and requirements, nor that the process of its usage will be realized without mistakes nor will not be interrupted by any reason. All responsibility for quality of a presented image, its usage, implementation etc. lies on the Site Users (Suppliers and Buyers). In case of defects in the content, all risks, expenses and possible losses connected to the content rest solely on the Supplier. DepositPhotos bears no responsibility for the contents and possible losses.

9. Limitation of liability and warranties

The paragraphs below address DepositPhotos’ area of responsibility regarding any claims that may be a consequence surrounding the Site content usage or users' activity (Suppliers or Buyers) during operation with the files presented at the Site:

1. The Buyer has the right to request repeated downloading of an image;
2. If the Buyer is not able to download ordered content, DepositPhotos will return the payment for the content to the Buyer. Buyer’s ability to download/access the content is defined at the discretion of DepositPhotos.

DepositPhotos, its staff, management, partners, shareholders, agents are not responsible for failures of any kind or shutdown of the Site resulting in loss of business information, profit or other financial damages in connection with claims of any sort, losses, petitions, actions or other events that appeared in connection with the validity of the Membership Agreement, as well as outside its jurisdiction, including without limitation the Site navigation, its usage, access to any materials or their parts, as well as any rights, including guarantees even in the event DepositPhotos has been warned against a possibility of failures of such kind, regardless of whether the event and breakage were a result of infringement on intellectual or other property, based on law violation, negligence, contract obligations or other similar cases and situations, or not.

DepositPhotos' liability according to the terms of the Agreement, the License provided hereunder, exploitation in any manner of the materials provided in accordance with the terms of the Agreement will not exceed payment received by DepositPhotos for usage of the appropriate material.

If applied to the User, normal acts do not allow limitations and exemption from liability. In the cases regarding indirect/casual breakdowns, these limitations and exemption will not be applied to the User.

10. Indemnification

Buyer agrees to indemnify and hold DepositPhotos, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. Buyer further agrees to indemnify DepositPhotos for all costs and expenses that DepositPhotos incurs in the event that Buyer breaches any of the terms of this or any other agreement with DepositPhotos.

11. General provisions

By signing this Agreement the Buyer expresses consent of the terms described in this Agreement, and also confirms acquaintance with the paragraphs of the usage terms, Membership Agreement and other settlements included as links, and agrees with stated limitations.

Absence of DepositPhotos’ actions on organization and control of the provisions of this or affiliated agreements will not and can not be considered as a refusal from any rights or terms.

This Agreement is intended for the Buyer, and also extends to the Buyer’s executors, employers and legal representatives of the Buyer and can not be passed to them without prior written consent by DepositPhotos. DepositPhotos has the authority to pass this Agreement to any other parties without the Buyer’s consent.

DepositPhoto’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver or any provision or right. If any provision of the Terms of Use can not be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms of Use can be fulfilled partially or in full.

The Buyer agrees to pay, or bear responsibility for payment of, taxes and duties of all kind provided by the legislation in force and applied as a result of the provision of the license on materials usage, within the jurisdiction of the country of his/her residence.

This Agreement does not fall under the jurisdiction of UN Convention on International Trade Contracts.

The Buyer agrees to handle and process any required notifications at the postal address given by him or her during registration at the Site. Any disagreements that appear or that can appear regarding the validity of this Agreement, including without limitations its interpretation, the order of implementation or application, violation and fulfillment will be considered through Arbitration in Florida, USA.

12. Contact information

For any questions in connection with the provisions of this document, please contact DepositPhotos using the contact information below.

Contact information:

e-mail: support@depositphotos.com

Call: 1-954-990-0075

Or use the form Contact us

12. Acknowledgement

IN ACCEPTING THIS AGREEMENT, THE BUYER ACKNOWLEDGES THAT THE BUYER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF DEPOSITPHOTOS.COM AGREEING TO PROVIDE THE CONTENT, BUYER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BUYER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN BUYER AND DEPOSITPHOTOS, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN BUYER AND DEPOSITPHOTOS RELATING TO THE SUBJECT OF THIS AGREEMENT.