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Tradigitalart.online Media Use Licence

PART I 

GENERAL TERMS

All Content on the Tradigitalart.online website is protected by the United Kingdom and international copyright laws and treaties. Traditigital Artech LTD and/or the various artists who provide Content to Traditigital Artech LTD (“Contributors”) own all rights, including the copyrights in and to the Content. Traditigital Artech LTD and/or its Contributors reserve all rights in and to the Content not expressly granted to you by the terms of this Agreement.
This Agreement grants you a one design use of purchased media, through the terms described below.

PART II

USAGE RIGHTS

By this Agreement, Traditigital Artech LTD grants you a personal, non-exclusive, non-transferable (except as herein provided), royalty-free right, throughout the world, to use and reproduce Content in the following ways, subject to the limitations set forth herein and in Part II hereof.

LICENSING

This Agreement grants you a royalty-free right use of purchased media, according to the respective terms of the chosen licence used for purchasing the media, as described below:

BLOGGER LICENCE

Our Blogger Licence permits you to use the purchased media in one design through the terms described below. Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:

  • social media post or profile image;
  • decorative background on a personal computer or mobile device;
  • online or electronic publications, including web pages, blogs, ebooks and videos.

Our Blogger Licence concerns artworks limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.

Unless otherwise declared, all media available on this site is licensed under the  licence hereof, including our Editorial media.

Our Blogger Licence permits you to use the purchased media in one project only. For use in multiple projects, additional licences may be required.

GIF LICENCE

Our GIF Licence permits you to use the purchased media in one design through the terms described below. Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:

  • social media post;
  • profile image;
  • decorative background on a personal computer;
  • decorative background on mobile device.

Our GIF Licence concerns artworks in GIF format limited to a maximum of 4.000.000 total pixels (for example: 1500px x 2500px) per media file where un-edited.

Unless otherwise declared, all media available on this site is licensed under the  licence hereof, including our Editorial media.

Our GIF Licence permits you to use the purchased media in one project only. For use in multiple projects, additional licences may be required.

MEDIUM BASIC LICENCE

Our Medium Basic Licence permits you to use the purchased media in one design through the terms described below. Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:

  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or licence) up to 2,000 prints;
  • school or university projects;
  • social media post or profile image;
  • decorative background on a personal computer or mobile device.

Our Medium Basic Licence concerns artworks limited to a maximum of 4.000,000 total pixels (for example: 1.500px x 2.500px) per media file where un-edited.

Unless otherwise declared, all media available on this site is licensed under the  licence hereof, including our Editorial media.

Our Medium Basic Licence permits you to use the purchased media in one project only. For use in multiple projects, additional licences may be required.

MEDIUM EXTENDED LICENCE

Our Medium Extended Licence permits you to use the purchased media in one design through the terms described below. Our Extended license expands on the Basic Licence to increase both the types and quantities of reproductions permitted, namely the ability to use our media in items that are meant for resale.

Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:

  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to an unlimited number of prints;
  • entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations up to an unlimited number of prints;
  • prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, resale, license or other distribution up to an unlimited number of prints;
  • in themes, skins and other electronic software meant for resale. 

Our Medium Extended Licence concerns artworks limited to a maximum of 4.000,000 total pixels (for example: 1.500px x 2.500px) per media file where un-edited.

Unless otherwise declared, all media available on this site is licensed under the  licence hereof, including our Editorial media.

Our Medium Extended Licence permits you to use the purchased media in one project only. For use in multiple projects, additional licences may be required. An exception to this rule is if an image is used in an editorial capacity with a duplicate article both in print and online; one licence permits you to use the same image in both mediums.

LARGE BASIC LICENCE

Our Large Basic Licence permits you to use the purchased media in one design through the terms described below. Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:

  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or licence) up to 2,000 prints;
  • school or university projects;
  • prints, posters (i.e. a hardcopy) and other reproductions for personal purposes.

Our Large Basic Licence concerns artworks starting from 4.000,001 pixels per media file where un-edited.

Unless otherwise declared, all media available on this site is licensed under the  licence hereof, including our Editorial media.

Our Large Basic Licence permits you to use the purchased media in one project only. For use in multiple projects, additional licences may be required.

LARGE EXTENDED LICENCE

Our Large Extended Licence permits you to use the purchased media in one design through the terms described below. Our Extended license expands on the Basic Licence to increase both the types and quantities of reproductions permitted, namely the ability to use our media in items that are meant for resale. Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:

  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to an unlimited number of prints;
  • entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations up to an unlimited number of prints;
  • prints, posters (i.e. a hardcopy) and other reproductions for promotional purposes, resale, license or other distribution up to an unlimited number of prints;
  • in themes, skins and other electronic software meant for resale. 

Our Large Extended Licence concerns artworks starting from 4.000,001 pixels per media file where un-edited.

Unless otherwise declared, all media available on this site is licensed under the  licence hereof, including our Editorial media.

Our Large Extended Licence permits you to use the purchased media in one project only. For use in multiple projects, additional licences may be required. An exception to this rule is if an image is used in an editorial capacity with a duplicate article both in print and online; one licence permits you to use the same image in both mediums.

VECTOR BASIC LICENCE

Our Vector Basic Licence permits you to use the purchased media in one design through the terms described below. Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:

  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license) up to 2,000 prints;
  • school or university projects;
  • social media post or profile image;
  • decorative background on a personal computer or mobile device;
  • online or electronic publications, including web pages, blogs, ebooks and videos.

Unless otherwise declared, all media available on this site is licensed under the  licence hereof, including our Editorial media.

Our Vector Basic Licence permits you to use the purchased media in one project only. For use in multiple projects, additional licences may be required.

VECTOR EXTENDED LICENCE

Our Vector Extended Licence permits you to use the purchased media in one design through the terms described below. Our Extended license expands on the Basic Licence to increase both the types and quantities of reproductions permitted, namely the ability to use our media in items that are meant for resale.

Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:

  • invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to an unlimited number of prints;
  • entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations up to an unlimited number of prints;
  • prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, resale, license or other distribution up to an unlimited number of prints;
  • in themes, skins and other electronic software meant for resale.

Unless otherwise declared, all media available on this site is licensed under the  licence hereof, including our Editorial media.

Our Vector Extended Licence permits you to use the purchased media in one project only. For use in multiple projects, additional licences may be required. An exception to this rule is if an image is used in an editorial capacity with a duplicate article both in print and online; one licence permits you to use the same image in both mediums.

PERMITTED WEB / ELECTRONIC USES

This Agreement grants you the right to:

  • Incorporate Content on web sites (including Social Media Platforms, as such term is defined herein), provided that no Content is: i) displayed at a resolution greater than the display resolution of the intended viewing device; or ii) displayed as part of gallery, collection, album, archive, scrapbook or other aggregation of individual images and/or footage;
  • Use Content in coordination with opt-in email marketing. However, Content cannot be used in connection with unsolicited email or linked to from unsolicited email;
  • Incorporate Content into software (including mobile “apps”) as background images or splash screens, provided that the primary purpose of the software is not the display of Content and further provided that Content or any digital files containing the Content cannot be unincorporated from the software;
  • Incorporate Content into film, video, multimedia presentations, or advertising for broadcast, public performance, or sale provided that the distribution is conducted in accordance with the limitations set forth herein and in our Licensing usage rights hereof;
  • Use Content in eBooks, provided that the sales or distribution of any such eBook does not exceed the limitations set forth herein and in our Licensing usage rights hereof.

PERMITTED PRINT USES

  • Use Content as prints, posters, postcards (i.e. a hardcopy) and other reproductions for your own personal use and display, including a display in commercial settings, in accordance with the limitations set forth herein and in our Licensing usage rights hereof;
  • Incorporate Images into advertising materials, posters and tradeshow signage for use in promoting the sale of other products or services (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that the Image is an integrated, supportive part of your project or product and not the definitive part of such prints and/or posters and/or other reproductions and further provided that the print or manufacturing run(s) in accordance with the limitations set forth herein and in our Licensing usage rights hereof;
  • Use Images in magazines, newspapers, books, book covers and/or textbooks for editorial and/or advertising purposes, provided that the print or manufacturing run(s) of such magazines, newspapers, books, book covers and textbooks is conducted in accordance with the limitations set forth herein and in our Licensing usage rights hereof;
  • Use Images in the artwork for the packaging of any product provided that the print and/ or manufacturing run is conducted in accordance with the limitations set forth herein and in our Licensing usage rights hereof;
  • Incorporate Images on letterhead and business cards, pamphlets, brochures, and catalogs provided that Images are not used as a logo or trademark, and further provided that no individual Image is reproduced outside the limitations set forth herein and in our Licensing usage rights hereof;
  • Incorporate Content into set design and dressing for public performance, provided that the intended audience for all such performances in the aggregate is conducted in accordance with the limitations set forth herein and in our Licensing usage rights hereof;
  • All other rights in the Content are expressly reserved by Traditional Artech LTD  for itself and its Contributors.

PART III 

RESTRICTIONS

PROHIBITED USES

  • install and use the Stock Media in more than one location or post a copy of the Stock Media on a network server or web server for use by other users;
  • sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Stock Media or the rights granted under these terms;
  • use any of the Stock Media as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  • use Content in such a manner that it infringes upon any third party’s trademark or other intellectual property;
  • use Stock Media identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Stock Media means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
  • remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Stock Media;
  • use the Stock Media in a fashion that is considered by us or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Stock Media into disrepute;
  • use any Stock Media Content in a way that places any person depicted in the Content in a way that a reasonable person would find offensive – this includes, but is not limited to the use of Content: a) in pornography, “adult videos” or the like; b) in ads for tobacco products or other addictive substances; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements and/or promotional materials for pharmaceutical or medical products (including, but not limited to birth control products), f) if the use implies that the depicted person suffers from physical or mental infirmity, ailment or condition or engages in any immoral or illegal activity, unless such depiction is expressly consistent with the portrayal of the model as represented in such Content in its original, unaltered form; or g) in any manner that is defamatory, or contains unlawful or offensive content;
  • use any Content on any third party social media website or platform (a “Social Media Platform”), if such Social Media Platform claims to acquire rights contrary to this Agreement as a result of such use. In such event, you will promptly remove Content from the Social Media Platform upon Traditigital Artech LTD request;
  • use Traditigital Artech LTD Content as the primary feature of any individual physical or digital product or any collection thereof which is offered for sale, trade or otherwise distributed in violation of the terms of this Agreement. Additionally, Content must be an integrated, inseparable part of any product and must constitute less than 50 percent of the overall product area, page layout, design, or running time;
  • use Stock Media in a manner that competes with our business including, but not limited to, displaying Stock Media in any format (including thumbnails) for download or Export on a website or offering Stock Media for sale;
  • use the Stock Media for editorial purposes without including the following credit adjacent to the Stock Media or in audio/visual production credits: ‘©[Tradigital Artech ltd]’;
  • incorporate the Stock Media in any product that results in a re-distribution or re-use of the Stock Media or is otherwise made available in a manner such that a person can extract or access or reproduce the Stock Media as an electronic file;
  • to the extent that source code is contained within the Stock Media, reverse engineer, decompile, or disassemble any part of such source code;
  • use or display the Stock Media in an electronic format that enables it to be downloaded, Exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
  • use or display any Content in such a manner that gives the impression that the Content was created by you or a person other than the copyright holder of that Content. Additionally, you may not use or display any Content is such a manner that gives the impression that any person depicted in the Content is the author or creator of any product in which the Content is incorporated;
  • use automated programs, applets, bots or the like to access the Traditigitalart.online website or any content thereon for any purpose, including, by way of example only, downloading Content, indexing, scraping or caching any content on the website;
  • use any Content other than as specified in PART II.

Please note that by purchasing a licence to use the media on this site from us, you acknowledge that no transfer of copyright exists, and you are purchasing a licence to use the media as per the terms set out in this agreement.

For any uses not listed here, or for questions regarding our licensing please contact us.

PART IV

MISCELLANEOUS

  • Traditigital Artech LTD warrants and represents that it has the right and authority to enter into this Agreement and to grant the rights in the Content set forth herein, subject to the limitations and exclusions set forth herein.
  • You must be at least 18 years of age to use the tradigitalart.online website and accept this Agreement.  Traditigital Artech LTD may require any registrant to provide sufficient proof of age.
  • Any legal action or proceeding concerning the validity, interpretation and enforcement of this agreement, matters arising out of or related to this agreement or its making, performance or breach, or related matters shall be brought exclusively in the courts of the United Kingdom and all parties consent to the exclusive jurisdiction of those courts, waiving any objection to the propriety or convenience of such venues. The United Nations Convention on Contracts for the International Sale of Goods does not apply to or otherwise affect this agreement. The validity, interpretation and enforcement of this agreement, matters arising out of or related to its making, performance or breach, and related matters shall be governed by the internal laws of the United Kingdom (without reference to choice of law doctrine). You agree that service of process in any actions, controversies and disputes arising from or relating to this Agreement may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This Agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this Agreement shall not affect the validity or enforceability of the balance hereof.
  • If you are entering into this Agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to Traditigital Artech LTD for any breaches of the terms of this Agreement.
  1. Credit Attributions and Copyright Notices
    • You shall provide a link back to www.tradigitalart.online (where applicable) -OR- provide a credit to the Traditigital Artech LTD contributor and to Traditigital Artech LTD in connection with the use of any Content in an editorial context. Such credit shall be in substantially the following form: “Name of Artist/Tradigitalart.online”
    • In the event that any Contents used in connection with a film, television broadcast, documentary or other audio-video or multimedia project, you shall use reasonable commercial efforts to accord the Traditigital Artech LTD contributor and Traditigital Artech LTD a credit as provided above.
    • Notwithstanding the foregoing, credit attributions are not required in connection with the use of images in advertising.
    • The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that you cure such omission following email notice from Traditigital Artech LTD.
  • Traditigital Artech LTD grants no rights and makes no representations or warranties with respect to the use of any names, trademarks, service mark, logotypes, copyrighted designs or works of art or architecture depicted in any Content. It is your responsibility to assure that all necessary rights, consents, or permissions that may be required for your use of any Content are obtained.
  • You understand that you should seek counsel before using Content on or in connection with any goods or services or for any other commercial purposes.

Neither Traditigital Artech LTD nor any of its officers, employees managers, members, shareholders, directors suppliers or those of its affiliates including parent companies and subsidiaries, shall 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 Image(s), Traditigital Artech LTD breach of this Agreement, or otherwise, unless expressly provided for herein, even if Traditigital Artech LTD has been advised of the possibility of such damages, costs or losses.

Effective March 30, 2020

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