STANDARD EDITORIAL LICENSE
Please read these License Terms (hereinafter “License Terms”) carefully for further information on Whoosnap’s Standard Editorial License. Any photo or video (hereinafter “media”) offered for licensing on the Whoosnap’s Market as part of this Standard Editorial License may only be used in compliance with these License Terms. These License Terms are binding upon anyone who downloads any media from Whoosnap‘s Market as part of this Standard Editorial License.
1. License Terms
1.1 In compliance with the License Terms Whoosnap grants a worldwide, non-exclusive, nontransferable, non-sublicensable right to use any media in whole or in parts in perpetuity in a private sphere as well as in "an editorial context”. This License includes the right to reproduce, to distribute, to present, to make available and to perform in public, to alter, to edit and to exploit, publish or disseminate any media subject to these License Terms. In addition, the Standard Editorial License permits using the media as an element in an Original Artwork in accordance with these License Terms.
1.2 “Editorial Context” in this regard means connecting the media to editorial or journalistic print and online articles, i.e. text-based publications and contributions which use the media to explain and/or illustrate their respective content, or to use the media to disseminate information.
1.3 An "Original Artwork" within the meaning of these License Terms is a new work that is created by downloading a media from the Whoosnap marketplace and incorporating it as part of any other artwork.
1.4 When creating such Original Artwork or when using a media in an Editorial Context the right to process the respective media is also granted as part of these License Terms. The same applies to the right to subsequently and comprehensively exploit the Original Artwork or the Editorial Content containing the media.
1.5 This Standard Editorial License is granted “Royalty-free”, meaning the right to use any media is based on a one-time payment of the license fee and that no further royalties have to be paid. The media can, therefore, be used for an unlimited number of times subject to these License Terms without the need to purchase any additional licenses.
1.6 This is a “multi-seat” license, meaning in a company or organization multiple persons, namely employees or anyone who agrees to abide by the restrictions of these License Terms, may use the media. Therefore this License includes the right to transfer files containing any media or permitted derivative works to the above mentioned persons within a company or organization. If this License is granted to an individual instead of a company or organization this License is limited to a single-seat use.
1.7 Limited Print Run: The distribution of print publications and Original Artwork in physical form is limited to a print run of 250.000 copies.
1.8 Unlimited Digital Use: The right to use any media digitally in accordance with these License Terms is granted without limitation. In particular the use on social media platforms and mobile and/or web applications or blogs is allowed.
2. Restricted Use As part of the Standard Editorial License and unless Whoosnap gives prior written consent it is prohibited to:
2.1. use a media other than as specified in these License Terms.
2.2. use any media for commercial purposes. In this regard “Commercial Purpose” means the use of the media in connection with the operation of a business and/or any advertorial use.
2.3. use any media in TV or Video clips for commercial use. If you want to use the media in Tv or Video Clips for commercial purpouses you must buy a Extended License.
2.4. resell, redistribute, provide access to, share or transfer any media except as specifically permitted herein. This restriction includes in particular and above all products exclusively or mainly depicting the media, i.e. on which the media is used without any textual reference, suchas being linked to script or other graphic elements.
2.5. produce or otherwise create for resale or distribution, printed reproductions of any media, unless such reproduction is expressly permitted in these License Terms.
2.6. publicly display a media as a digital file on the Internet or in digital format without imposing technical or written restrictions intended to prevent the use of such media by third parties.
2.7. use the media in connection with content that is offensive, defamatory, racist, pornographic, that infingis youth protection law or glorifies violence, or in connection with any other manner of illegal content. This applies in particular with regard to the persons depicted in the media.
2.8. use a media in a manner that infringes upon any third party's trademark or other intellectual property rights, or would give rise to a claim of deceptive advertising or unfair competition.
2.9. use any media (in whole or in part) as a trademark, service mark, logo, or other indication of origin.
2.10. falsely represent, expressly or by way of reasonable implication, that any media was created by any other person other than the copyright owner(s) of that media.
If there are any uncertainties whether a determined use is covered by this Standard Editorial License, Whoosnap shall be directly contacted at firstname.lastname@example.org.
3. Copyright notice
3.1 As part of the Standard Editorial License, the copyright owner of a media has to be indicated as the originator by stating the respective Whoosnap user-name on media (copyright notice). Additionally Whoosnap is to be named as the source of the media (source notice). When a media is used in online presentations, the notice must contain an embedded link to the Whoosnap Market.
3.2 The following example may be used: "Whoosnap user-name / Whoosnap”.
4.1 The rights herein granted to use any media are subject to these License Terms and are conditioned upon payment of the respective license fee to Whoosnap.
4.2 In case of payment default or breach of these License Terms the right to use the respective media in any way and for any purpose shall lapse immediately. All statutory rights under the applicable law shall remain unaffected.
Standard Editorial License - 07/2016