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Standard Commercial License

Please read these License Terms (hereinafter “License Terms”) carefully for further information on Whoosnap’s Standard Commercial License.

Any photograph or video (hereinafter “media”) offered for licensing on the Whoosnap Market as part of this Standard Commercial 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 Commercial 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 for commercial purposes. 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 Commercial License permits using the media as an element in an Original Artwork in accordance with the License Terms.

1.2 “Commercial Use” within the meaning of these License Terms means the use of the media in connection with the operation of a business and/or any advertorial use.

1.3 An "Original Artwork" within the meaning of these License Terms is a new work that is created by downloading a media form Whoosnap marketplace and incorporating it as part of any other artwork.

1.4 When creating such Original Artwork or when using a media in a Commercial Context the right to process the respective media marketplace 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 Commercial Content containing the media.

1.5 This Standard Commercial 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 a individual instead of a company or organization, the 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 phorbidden. If you want to use the media for this use you must buy a Extended License.

 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.

1.9 As part of the Standard Commercial License, there is no obligation to indicate the copyright owner and Whoosnap as the source of a media.

 

2. The Standard Commercial License and unless Whoosnap gives its prior written consent it prohibits the user to:

2.1. use a media other than as specified in these License Terms.

2.2. 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.

2.3. 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, such as being linked to script or other graphic elements.

2.4. produce or otherwise create for resale or distribution, printed reproductions of any media, unless such reproduction is expressly permitted in these License Terms.

2.5. 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.

2.6. 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.

2.7. 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.

2.8. use any media (in whole or in part) as a trademark, service mark, logo, or other indication of origin.

2.9. 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 Commercial License Whoosnap shall be directly contacted at info@Whoosnap.com.

 

3. Termination

3.1 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.

3.2 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 Commercial License - 07/2016

 

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