CONTENT LICENSE AGREEMENT

LAST UPDATED: March 2021

What is this?

This is a Creative Commons License agreement between you and RovingEye.com that explains how you can use photos, images, and video content that you license from RovingEye.com. By downloading content from RovingEye.com, you accept the terms of this agreement.

How can I use licensed content?

You may use content:

  • in digital format on websites, blog posts, social media, advertisements, film and television productions, web and mobile applications
  • in printed materials such as magazines, newspapers, books, brochures, flyers, product packaging
  • for decorative use in your home, office, or any public place
  • or personal use

The rights granted to you by RovingEye.com are:

  • Perpetual, meaning there is no expiration or end date on your rights to use the content.
  • Non-exclusive, meaning that you do not have exclusive rights to use the content. RovingEye.com can license the same content to other customers.
  • Unlimited, meaning you can use the content in an unlimited number of projects and in any media.

Use:

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish or otherwise make use of.
 Please make sure you read the Restricted Uses section below for exceptions.
If you need broader rights than are granted in this license agreement, please contact us directly at hello@rovingeye.com.

Restricted Uses:

  • No Unlawful Use. You may not use content in a pornographic, defamatory, or other unlawful manner.
  • No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
  • No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
  • Sensitive Use Disclaimer Required. You may not use content that features people or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person.
  • No Products for Resale. You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), CDs, DVDs, mobile applications or other items for resale, license or other distribution for profit.  This includes “on-demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters, and other items (this includes the sale of products through custom-designed websites, as well as sites such as zazzle.com and cafepress.com)
  • No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
  • No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting or deviation/manipulation based on licensed content and claim that you are the author.

Intellectual property rights:

Who owns the content?

All of the licensed content is owned by either RovingEye.com or the artists who supply the content. All rights not expressly granted in this agreement are reserved by RovingEye.com and the content suppliers

Attribution:

Do I need to include a photo credit?

Yes, if the design will allow, you must include the following credit “RovingEye.com”, and link to https://rovingeye.com.

Do I need to include a video credit?

Yes, if technically feasible, you must include the following credit “RovingEye.com” in audiovisual productions, and link to https://rovingeye.com.

Termination/Cancellation/Withdrawal.

  • Termination. a.This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. RovingEye.com may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to RovingEye.com in writing that you have complied with these requirements.
  • Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
  • Content Withdrawal. RovingEye.com may discontinue licensing any item of content at any time in its sole discretion. Upon notice from RovingEye.com, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which RovingEye.com may be liable, RovingEye.com may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise.
  • No Representations.
 The content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. You understand that RovingEye.com has not made any representation or warranty that your use of the content will not infringe or violate the trademark rights of any third party. RovingEye.com does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the content. It is your sole responsibility to make sure that you have all the necessary rights, consents and licenses for the use of the content. Unless we expressly provide that we have a release or license in respect of an Image to permit reproduction, we make no representation or warranty about the use of any material included in an Image, including without limitation people, trademarks, designs, works of art, names, uniforms, likenesses, buildings, private properties, and signs. You must ensure that all necessary licenses or consents are obtained before the use of an Image. You indemnify us against all liability, damages, expenses, and claims arising in connection with your failure to obtain such licenses or rights.

Indemnification/Limitation of Liability:

Indemnification of RovingEye.com by you.

You agree to defend, indemnify and hold harmless RovingEye.com and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors, and employees from all damages, liabilities, and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.

Limitation of Liability.

RovingEye.Com will not be liable to you or any other person or entity for any punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of this agreement, even if RovingEye.com has been advised of the possibility of such damages, costs or losses. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability.

General Provisions:

Assignment.

This agreement is personal to you and is not assignable by you without RovingEye.com’s prior written consent. RovingEye.com may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

Governing Law/Arbitration.

These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

RovingEye.com shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of RovingEye.com, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events, or occurrences giving rise to the claim.

Entire Agreement.

No terms or conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by RovingEye.com and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.

Notice.

All notices required to be sent to RovingEye.com under this agreement should be sent via email to freephotos@rovingeye.com. All notices to you will be sent via email to the email set out in your account.

Licensing Entity.

The licensing entity under this agreement shall be RovingEye.com

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