Die Bedingungen der Exklusiven Lizenz von Cliparto

Die Vereinbarung für Exklusive Lizenz von Cliparto

Last updated: 03 Dec, 2018

The following is a legal Agreement between You or the employer or other entity on whose behalf you are entering into this Agreement ("You", "Licensee") and Cliparto Ltd ("We", "Cliparto"). This Agreement is in addition to the Website Terms of Use that you have previously entered into. In case of any inconsistency between this Agreement and the Website Terms of Use (which is incorporated into this Agreement by reference), the terms of this Agreement shall govern.

By downloading any Image, You agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please immediately remove and do not use the Licensed Material from Cliparto's Website. This agreement applies to licenses issued via the web, and is applicable to online, digital and physical delivery of licensed Material. If you are entering into this Agreement on behalf of your employer, the License granted and restrictions and limitations recited herein apply to your employer and to You as a representative of your employer.

Cliparto reserves the right to change any of the terms of this Agreement at any time, and You are agree to be bound by such changes. Details on the date of last updates can be found at the beginning of this document. Please note that if your subscription was active prior to the changes in this Agreement, your use of Licensed Material will be controlled by the terms of this Agreement in effect at the time your Cliparto subscription commenced.

Covered Materials

For the purpose of this Agreement, "Licensed Material" (or "Image", "Images") shall mean any illustration, photograph, visual representation or other product protected by copyright, trademark, patent or other intellectual property rights, which is delivered in any format to You by Cliparto under the terms of this Agreement.

All Licensed Material is owned by Cliparto or its Artists and is protected by international copyright laws. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.

Usage and Rights

Cliparto grants You the exclusive and transferable right and license to use the Licensed Material an unlimited number of times in any countries in any and all media for any purposes without an exception.

Cliparto grants You the right to have the Licensed Material reproduced by your subcontractors, provided that such subcontractors agree to abide by the restrictions of this Agreement.

You can alter, crop, manipulate and create derivative works of the Images (Licensed Material) and any usage of these derivative works is restricted under the terms of this Agreement applicable to the original Images (Licensed Material).

Cliparto grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture or other property depicted in any Licensed Material, and You must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for reproduction, have been obtained.

You should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for reproduction. Cliparto shall not be liable for any loss or damage that you suffered or suffered by any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its reproduction.

Cliparto reserves all rights not expressly granted to You herein.

Credit and Copyright notices

The use of the Licensed Material in connection with news reporting, commentary, publishing, or any other "editorial" context, shall be accompanied by an adjacent credit to the Cliparto contributor and to Cliparto in substantially the following form: "© Name of Artist - Cliparto"

If and where commercially reasonable, the use of Ithe Licensed Material in Merchandise or an audio-visual production shall be accompanied by a credit to Cliparto in substantially the following form: "Image(s) used under license from Cliparto"

Credit attributions are not required in connection with any other use of the Licensed Material unless another stock content provided is afforded credit in connection with the same use. For clarity, attribution is always required for Editorial content.

In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

Termination and Revocation

The License contained in this Agreement will terminate automatically without notice from Cliparto if You fails to comply with any provision of this Agreement. Upon termination, You must (1) immediately stop using the Licensed Material,(2) destroy or, upon the request of Cliparto, return the Licensed Material to Cliparto (in the case of tangible materials), (3) delete or remove the Licensed Material from your premises, computer systems and storage (electronic or physical).

Cliparto reserves the right to revoke the License to use the Licensed Material for good cause. Upon notice of any revocation of a License for any particular Licensed Material, you shall immediately cease using such Licensed Material and shall ensure that your clients and customers do likewise.

In case of cancellation of the payment for the services related to this Agreement, or if payment for the use of the Licensed Material is not made in full, Cliparto immediately revokes the License and automatically terminates this Agreement.

Severability

If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be reformed only to the extent to make it enforceable.

Cliparto may at any time inspect any records, accounts and books relating to the use or reproduction of any of Licensed Material to ensure that the Licensed Material is being used in accordance with this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless Cliparto and its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image.

Warranty and Liability

The Website and the Images are provided "as is". We offer no warranty, explicit or implied, regarding any Images, the Website, the accuracy of any information, or any rights or licenses under this Agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Cliparto does not represent or warrant that the Website or the Images will meet your requirements or that their use will be uninterrupted or error free.

Cliparto shall not be liable to You or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Website or the Images.