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Last Updated: October 2007
Please read these terms carefully before using this website. This site is owned by Art Studio NC and may be accessed in Romania and abroad. Using this website indicates that you accept these terms. By accessing or using this website, you agree to be bound by the terms and conditions described herein and by all terms, policies and guidelines incorporated by reference. If you do not accept these terms and conditions, do not use this website.
We reserve the right to change these Terms, the Security & Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Art Studio NC and you relating to your use of this website.
When something is changed, we will revise the "last updated" date at the top of the policy. We encourage you to review this policy whenever you visit this site.
Ownership of our Website
This website is owned and operated by Art Studio NC SRL. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sounds, illustrations and software ("Content"), is owned by Art Studio NC, its licensors and its content providers.
Restrictions
Unauthorized Uses:
Without limitation, Content may not be used as a trademark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy, publicity or moral rights, or to infringe upon any copyright, trade name or trademark of any person or entity
You do not acquire, and shall not claim, any rights (trademark, copyright or otherwise) in the Content itself apart from the End Use. Unauthorized use of Content constitutes infringement of copyright and other applicable rights and shall entitle Art Studio NC to exercise all rights and remedies under applicable copyright and other laws, including monetary damages against all users and beneficiaries of the use of such Content. Art Studio NC in its sole discretion reserves the right to bill You (and You here by agree to pay) ten (10) times the license fee for any unauthorized use, in addition to any other fees, damages and penalties Art Studio NC may be entitled to, under this Agreement and applicable law. The foregoing is not a limiting statement of Art Studio NC or its Content sources' rights or remedies in connection with any unauthorized use of the Content or breach of the Agreement.
Licensed Material (the whole image(s) or any parts of it) shall not be incorporated into a logo, trademark or service mark
The Image(s) can't be sublicensed, resold or otherwise made available for use or distribution separately or detached from a product or web page .
The types of license
Here you will find information on the types of license rights available for all of Art Studio NC products.
a) Rights-Managed (RM)
Rights-managed products are licensed on a use-by-use basis. The fee for using the product is calculated from several factors including size of licensed material, print run, medium, placement, period of time, and geographic distribution. At the time you order an RM product, you will be asked to submit information that will specify the usage rights to be granted. Exclusive rights are available for purchase for some rights-managed products. You must agree to notify Art Studio NC in the event that you desire to expand the usage for the Image and pay any additional License Fee.
Art Studio NC grants to Licensee a non-exclusive, non-sublicensable and non-assignable right to use and Reproduce the Licensed Material identified in the Rights and Restrictions, solely to the extent explicitly stated in this Agreement. This right may be exercised by subcontractors of Licensee (including Purchaser) for preparation of the final product for the licensed use, provided that such subcontractors agree to abide by the terms of this Agreement.
Unless otherwise specified in the Invoice Image(s) may not be reproduced more than once within any design, editorial piece, advertisement or other work product.
b) Royalty-Free (RF)
Royalty-free products may be used by the licensee multiple times for multiple projects without incurring additional fees. Royalty-free pricing is based solely on the file size of the product the licensee needs, not the specific use. You don't have to pay any additional royalties on a use-by-use basis. However, the rights granted are non-transferable and are personal to the licensee. This means that if an RF product is used in a derivative work by the licensee for another person, the other person may not use the licensed product separately from the derivative work. Royalty-free licenses are always non-exclusive.
Art Studio NC grants to Licensee a perpetual, non-exclusive, non-transferable, non-sublicensable, worldwide right to Reproduce the Licensed Material identified in the Invoice an unlimited number of times in any and all media for all purposes other than those uses prohibited but he may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this clauses.
Licensee may not: make the Licensed Material available (separate from the end product into which it is incorporated) in any medium accessible by persons other than authorized Users.
Lincensee may not sell, license or distribute any end product containing the Licensed Material in a way that is intended to allow or invite a third party to download, extract or access the Licensed Material as a standalone file.
Lincensee may not include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products.
Lincensee may not use or display the Licensed Material on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters and other items.
The use of Art Studio NC products to produce picture or illustration collections, postcards, calendars, picture services or catalogs in any form or decoration systems, that are used mainly for the sale or re-sale of the included motifs is not allowed under the terms of this agreement.
About “Release”.
"Release" means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Image.
Art Studio NC will notify Licensee if it has obtained a model release and/or a property release for Licensed Material, either in the Rights and Restrictions or by written notice to Licensee. The warranty and indemnity are only provided if and when such written notification is given. If no such notification is given, then no such model or property release has been obtained. Licensee acknowledges that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes without their consent. Neither Art Studio NC nor any party on whose Art Studio NC licenses Licensed Material (each, a "Licensor") makes any representations or warranties as to whether any additional fees or payments may be due to any person depicted in Licensed Material pursuant to the requirements of any applicable trade union, and Licensee shall be solely responsible for any such additional fees or payments to such trade union
Except where licensee is specifically notified that a model and/or property release has been obtained by Art Studio NC, neither Art Studio NC nor any Licensor grants any rights or makes any warranties with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs or works of art or architecture depicted in any Licensed Material. Licensee shall be solely responsible for determining whether a release is required in connection with any proposed use of Licensed Material, and Licensee shall be responsible for obtaining any required release.
If any Licensed Material featuring a model or property is used in connection with a subject that would be unflattering or controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that: (1) the Licensed Material is being used for illustrative purposes only; and (2) any person depicted in the Licensed Material, if any, is a model.
The images for which there's a model release from the model's part will be recognized by the specification "The image has a signed model release".
No Reproduction of any Image is authorized until payment in full has been received by Art Studio NC. Any Reproduction by you or on your behalf prior to payment being received by Art Studio NC constitutes a breach of this Agreement which entitles Art Studio NC immediately to terminate this Agreement and further constitutes an infringement of copyright.
The License Fee depends on the nature of the rights granted. You agree to notify Art Studio NC in the event that you desire to expand the usage for the Image and pay any additional License Fee. Use of an Image in a manner not specifically authorized under the terms set out in the Agreement constitutes a breach of the Agreement and an infringement of copyright and entitles Art Studio NC to immediately terminate this Agreement.
Art Studio NC may at any time hereafter notify you that certain Images are no longer available for use under this Agreement and upon such notification the License shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at Art Studio NC's discretion, the replacement of such recalled Image with another Image or refund of the License Fee to the extent attributable to such recalled Image.
Art Studio NC, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Image(so) to ensure that the Image(so) are being used in accordance with this Agreement.
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