THIS IS A LEGAL AGREEMENT BETWEEN YOU (“THE LICENCEE”) AND ROSEFOLIO.COM.THIS AGREEMENT APPLIES TO LICENCES ISSUED VIA THE WEB AND IS APPLICABLE TO ONLINE, DIGITAL DELIVERY OF LICENCED MATERIAL (“THE AGREEMENT”)
Definitions.In this agreement the following definitions are applicable:
1.‘Licensed Material’ refers to any still image protected by copyright, which is licensed to the Licencee by Rosefolio.com under the terms of this Agreement.Any reference made in this Agreement to the ‘Licensed Material’ shall be to each individual item within the Licensed Material and to the Licensed Material as a whole.
2.‘Reproduction’ and ‘Reproduce’ refer to any form of copying or publication in part or as a whole of any Licensed Material via any medium by whatever means, and manipulation or distortion of part or the whole of such material and the creation of any derivative work from the Licensed Material
3.‘User’ refers to any employee or subcontractor of the Licensee who modifies or edits the original digital file containing the Licensed Material or incorporates theLicensed Material in any derivative work.
4.‘Invoice’ refers to the computer-generated invoice provided by Rosefolio.com.The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.
Grant of Rights:Subject to the terms of this agreement:
1.A grant of rights does not convey right of ownership or copyright of any Licensed Material to the Licensee. Ownership and copyright remain the property of the photographer.
2.The Licensee has the non-exclusive right to Reproduce the Licensed Material identified in the invoice.A Grant of Rights to the Licensee is non-transferable and may not be sublicensed to a third party.
Restrictions:
1.The Licensee may not make any Licensed Material available ‘online’ or via any other electronic device in a downloadable format.
2.If Licensed Material is used in an editorial context, the Licensee must include a credit adjacent to the Licensed Material: Illustration: Rosefolio.com.
3.The Licensee may not sublicense, sell, reassign or transfer this Agreement to a third party.
4.Licensed Material may not be included in an electronic template intended to be used by third parties on electronic or printed products.
Copyright:Copyright of all Licensed Material remains the intellectual property of the photographer and a Grant of Rights in no way transfers copyright of any Licensed Material to the Licensee.