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GENERAL STATEMENT
All products published under the name PhuketPictures.net, including, but not limited to, software, images, video and audio, are own creations or licensed products of PhuketPictures.net and are protected by international copyright and other laws based on intellectual property rights.
All third party products published and/or offered on PhuketPictures.net are property of the respective authors and are also protected by international copyright and other laws based on intellectual property rights. By acquiring a product, the user/buyer has the right to use the same in accordance with the license terms valid for the respective product. Every product contains a note about the license model valid for it. If not otherwise defined, the default license type for each product is ROYALTY FREE (RF). Any use of a product to purposes that do not comply with or exceed the terms, needs the explicit, written permission of PhuketPictures.net and/or the corresponding authors.
ALL THE CONTENTS OF THIS WEBSITE MUST BE USED IN COMPLIANCE WITH ALL APPLICABLE LAWS. THE USE, DISPLAY OR DISTRIBUTION OF ALL CONTENTS, PRODUCTS AND SERVICES OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, SOFTWARE, IMAGES, AUDIO AND VIDEO, FOR ANY UNLAWFUL PURPOSES AND/OR TOGETHER WITH PORNOGRAPHIC, OBSCENE, RACIST, DISCRIMINATING, DEFAMATORY OR ABUSIVE MATERIAL, OR WITH MATERIAL DISPLAYING PREJUDICE BASED ON ETHNIC HERITAGE, RACE, RELIGION, SEXUAL ORIENTATION OR AGE IS STRICTLY PROHIBITED.
ROYALTY FREE (RF) - USER LICENSES WITH RESTRICTED PRIVILEGES
ROYALTY FREE licenses will be offered usually on images, audio and video, for a one-time payment of a royalty on a non-exclusive basis regardless of the occupancy (private or commercial), utilization or any other criteria.
The license is valid for one client and one project. If you like to use the same picture for a other project, it`s necessary to buy a further license for each project. USE, RIGHTS AND DUTIES All products, including, but not limited to, software, images, video, audio and any other media and content in any form delivered to Customer ("Licensee") by PhuketPictures.net.
PhuketPictures.net and/or the appropriate Copyright owner shall have and retain all rights, title and interest, and Intellectual Property Rights in and to all licensed material. Licensee shall have all rights, titles and interests, and Intellectual Property Rights in and to all products and derivative works created with licensed material in accordance to the terms of this Agreement.
Licensee has the non-exclusive, non-transferable, non-sublicensable right to copy, reproduce, transmit, display, alter, crop and manipulate the licensed material (including the right to create derivative works) an unlimited number of times in any and all media for the following purposes:
• Advertising and promotional materials
• Publications, Artwork and Product Design
• Multimedia-, Web- and Screendesign
• Any other use approved in writing by PhuketPictures.net
Licensee`s rights to the licensed material are worldwide and perpetual on a non-exclusive basis. Licensee may sell or license derivative works and products incorporating licensed material in accordance with the permitted uses and terms, so far as
a) the licensee`s customer can`t extract or access the licensed material as such and
b) the licensed material is not the main component of licensee`s derivative work or product.
Examples of not allowed use, without prior written permission and/or special agreements from/with PhuketPictures.net:
• Creation and sale of libraries with licensed mages
• Compilation and sale of image collections with licensed images
• Providing of licensed material online in a downloadable format
• Sale of products with licensed material as main component, e.g. greeting cards, calendar, coloring books, merchandising products etc
For such projects, the licensee usually has to purchase a RIGHT MANAGED License.
Restrictions
• The Digital Media may not be used in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
• Digital Media shall not be incorporated into a logo, trademark or service mark.
• Licensee may not sublicense, sell, assign, convey or transfer any of its rights under this Agreement
Special note: using images with illustrations of individuals
If an image featuring a person is used in a manner that implies endorsement, use of, or a connection to a product or service by that model, or a potentially unflattering or controversial subject, the licensee must print a statement, which indicates that the person is a model and is used for illustrative purposes only.
WARRANTIES / LIABILITY
PhuketPictures.net may terminate the license contained in this Agreement immediately without prior notice, if the licensee fails to comply with any provision of this Agreement. Upon termination, licensee must immediately stop using the respective material, and destroy, delete or remove all such material from licensee`s computer systems and storage, electronic or physical.
PhuketPictures.net reserves the right to revoke the license to use the material for good cause and elect to replace such material with alternative material. Upon notice of any revocation of a license for any particular material, licensee shall immediately cease using such material and shall ensure that its clients and customers do likewise.
PhuketPictures.net warrants the licensed material to be free from defects in material and workmanship for 45 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the respective material.
RIGHT MANAGED
RIGHT MANAGED (RM) licenses are custom licenses allocated to clients for a specified project. They may, but don`t have to be issued on an exclusive basis for a particular geographical zone, periode and determined product category. In the same way, licensed works can be tailored to the customer`s needs. RIGHT MANAGED licenses provide broad rights within the agreed terms.
RIGHT MANAGED licenses are granted on a case to case basis and established contractually in consultation with the client. The rights of use and fees are based on the respective project, purpose, print run, area of circulation, duration etc.
Examples for the use of RIGHT MANAGED licenses are:
• Creation of logos or trademarks
• Use of exclusive graphical material for advertising campaigns
• Design of products such as painting books, cards or merchandise with the use of licensed graphical material as the main element
• Integration of licensed cliparts and images into personal collections
• Marketing of licensed pictures under own label
• Software licenses for bundling with own products (e.g. cameras, printer or Clipart and images libraries)
If you are interested in a specific use or licensing of our images or collections, please contact us at through the contact RIGHT MANAGED.
We would like to advise you personally and submit you an offer which meets your needs.
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