GMR MEDIA PHOTOGRAPHY

Image License

Last updated: 31July, 2007:
The following is a legal agreement between You and the owners of gmrmedia.com ("Website"), Gmr Media Photography. ("Gmr Media", "We", "Us") which governs the use of non-watermarked images ("Images") downloaded from our Website. By downloading an Image You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download any Image.

All Images on the Website are copyrighted and they are the properties of GMR MEDIA or its image providers. All rights are reserved unless otherwise granted to You. Your rights to use the Image are subject to this agreement.

We hereby grant to You a non-exclusive, non-transferable license to use the Image on the terms and conditions explained in this Agreement.

Standard license terms

Permitted uses

You may use the Image for the following purposes:


• In digital format on websites, multimedia presentations, broadcast film and video, cell phones.
• In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, packaging etc.
• Along with your corporate identity on business cards, letterhead, etc.
• To decorate your home, your office or any public place.

Prohibited uses

You may not use the Image in the following ways, unless they are expressly permitted by one of our Extended licenses that You have obtained from Us for the Image:


• In electronic items for resale, such as website templates, document templates, wallpapers, screensavers, e-cards or similar products that You intend to sell or distribute.
• For creating printed reproductions that You intend to sell.
• On physical items for resale and "print on demand" items such as t-shirts, postcards, mouse pads, coffee mugs, calendars (e.g. on sites like Cafepress), or on any similar mass produced items that would contain the Image in a dominant way.
• For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, cultures.
• In a way that would make people assume that the person(s) depicted on the Image is/are endorsing a certain product or a service.
• In a way that could give a bad name to either GMR MEDIA or the person(s) depicted on the Image, including illustrating sensitive social subjects such as health issues, crime, sexual preferences, drug abuse or similar issues.
• As part of a business name, trademark, service mark or logo.
• In any print project where the number of copies would exceed 100.000.
• SELLING AND REDISTRIBUTION OF THE IMAGE (INDIVIDUALLY OR ALONG WITH OTHER IMAGES) IS STRICTLY FORBIDDEN! DO NOT SHARE THE IMAGE WITH OTHERS!

Extended licenses (CONTACT US FOR PRICING)

If the permitted uses in the Standard license terms are not sufficient for your project, You may decide to purchase one or more of the following additional licenses for the Image, where available.

Multi-seat license - 5 persons

By obtaining a 5-person multi-seat extended license you may share the Image with up to 4 people at your organization who may also use the Image according to the rules of this License agreement. All other restrictions from the Prohibited uses section of the Standard license terms still apply. 

Multi-seat license - Unlimited use

By obtaining an unlimited multi-seat extended license you may share the Image with an unlimited number of persons at your organization who may also use the Image according to the rules of this License agreement. All other restrictions from the Prohibited uses section of the Standard license terms still apply. 

Physical items for resale - Limited run

By obtaining this license you may use the Image on items for resale such as t-shirts, postcards, mouse pads, coffee mugs, calendars or similar, even if they contain the Image in a dominant way. You may print up to 10,000 items of each category. If you exceed that amount, you must purchase this license again. All other restrictions from the Prohibited uses section of the Standard license terms still apply.

Electronic items for resale - Unlimited run

By obtaining this license you may use the Image in website templates, document templates, wallpapers, screensavers, e-cards or similar products with no limitations regarding the number of copies. All other restrictions from the Prohibited uses section of the Standard license terms still apply. 

Extended print license - Unlimited run

The standard license maximizes the number of printed copies at 100.000. By obtaining this license you may use the Image in an unlimited amount of printed copies. All other restrictions from the Prohibited uses section of the Standard license terms still apply, for example this license does not allow you to use the Image for creating printed reproductions or physical items for resale.

Information on rights 

GMR MEDIA requires a written Model Release for each Image that has identifiable people on it (within reasonable boundaries). However We do not represent or make warranties whatsoever as to the legality or validity of any Release associated with an Image.

Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. GMR MEDIA does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the Image.

You acknowledge that by purchasing an Image the ownership of the Image does not get transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work You create with the Image must be used either by yourself or by your client. By obtaining a Multi-seat extended license for the Image you may share the Image with other people at your organization. You warrant that You do your best to prevent third parties from duplicating the Image.

Indemnification

You agree to indemnify, defend, and hold harmless GMR MEDIA and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GMR MEDIA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. 

GMR MEDIA SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.

 

LIMITATION OF WARRANTY.

EXCEPT AS PROVIDED IN THE END USER LICENSE AGREEMENT, IF ANY, THAT IS ATTACHED TO THE SITE, GMR MEDIA MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR THE RELATED DOCUMENTATION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED "AS IS." THE WARRANTY STATED HEREIN IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND SUCH WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY GMR MEDIA WITH RESPECT TO THE SITE, CONTENT AND MATERIALS. GMR MEDIA DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE WILL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT GMR MEDIA WILL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.

YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT. IN NO EVENT WILL GMR MEDIA OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF GMR MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIABILITY OF GMR MEDIA OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THIS SITE, OR PURCHASING OR DOWNLOADING PRODUCTS FROM THIS SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. GMR MEDIA reserves the right to modify or terminate these Terms of Use without notice, if, in GMR MEDIA sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, GMR MEDIA reserves the right to terminate this Site without notice.