This is a license agreement between you and JewishVisual.com (hereinafter: “JVisual”) that explains how you can use media that you license from JVisual. By downloading content and/or media files from JVisual, you represent that you accept the terms of this agreement.
- What types of licenses does JVisual offer?
JVisual offers three types of licenses: free, paid and educational licenses. Every file downloaded from JVisual is subject to the license agreement below. A paid license gives you additional rights in exchange for a license fee. Unless you purchase a paid license, your use of content is subject to the free license terms.
You are welcome to use watermarked content from the JVisual as a sample only. Watermarked content cannot be used in any final works or any publicly available materials.
- How can I use licensed content?
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by JVisual’s paid license are:
In other words, you can use use JVisual media forever upon payment.
- Non-exclusive – which means JVisual can sell the same media to any number of other people or entities.
- Non-restrictive – meaning you can use the media in any number of projects you’d like.
For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize to video, perform, display, broadcast, publish, or otherwise make use of.
Free licenses grant you the right to make personal use of the media, provided that you do not use it for any commercial purposes. Please note that restricted uses apply to the free license as well.
The Educational License is usually cheaper than the Paid License, but is subject to the following restrictions –
- Buyer must be a teacher or a student of or affiliated with an educational institution or entity, be it formal or informal education.
- Commercial use of any kind if prohibited.
- Use is permitted only for the purpose of teaching, studying and conveying educational messages.
- You may not use media in a pornographic, defamatory or any unlawful way.
- You may not make any Commercial Use of free licensed media.
- You may not resell the media, whether by means of templates, mass media, websites enabling customized merchandise (such as caffepress.com) etc.. In other words, you cannot charge a fee or any other form of compensation for providing only a media file which was downloaded from JVisual, with no added value or artistic value provided by you.
- You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
- In case you make use of the media in a sensitive manner (such as use in a sexual context), a disclaimer must be made, and it must be visible. The disclaimer will note that the image is for illustrative purposes only and that the individuals in the picture are models.
- You cannot falsely claim to be the creator of licensed media from JVisual. For instance, you cannot print an image on canvas and claim it is your painting etc.
- Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions:
- Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose, and will be subject to the terms of this agreement.
- User Accounts.
You will be responsible for tracking all activity for each user account.
JVisual reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If JVisual determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
- Intellectual property rights.
- Who owns the content?
All of the licensed content is owned by either JVisual or the artists who supply the content. All rights not expressly granted in this agreement are reserved by JVisual and the content suppliers.
- Do I need to include a photo credit? You do not need to include a photo credit for commercial use of a paid license, but while making use of free licensed material, you must include the following credit adjacent to the content: “JVisual.com/Artist’s Member Name.”
- Do I need to include an audio and/or video credit? Yes, if technically feasible, you must include the following credit in audio or audio/visual productions: “JVisual.com/Artist’s Member Name.”
- Except in the case of subscriptions, this agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. JVisual may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to JVisual in writing that you have complied with these requirements.
- Who owns the content?
All requests for refunds/cancellations must be made in writing. If the request is approved, JVisual will issue a credit to your account. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
- Content Withdrawal.
JVisual may discontinue licensing any item of content at any time in its sole discretion. Upon notice from JVisual, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which JVisual may be liable, JVisual may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. JVisual will provide you with replacement content (determined by JVisual in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
- Representations and Warranties.
JVisual makes the following representations and warranties:
Warranty of Non-Infringement. JVisual has not and will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity;
Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, JVisual does not warrant the accuracy of such information, or of any metadata provided with the content.
No Other Warranties. Except as provided above, the content is provided “as is” without further representation, warranty or condition of any kind. JVisual does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
- Indemnification/Limitation of Liability.
Indemnification of JVisual by you. You agree to defend, indemnify and hold harmless JVisual from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
- General Provisions.
Assignment. This agreement is personal to you and is not assignable by you without JVisual’s prior written consent. JVisual may assign this agreement, without notice or consent, provided that the transferee accepts all terms of this agreement.
Electronic storage. You agree to retain the copyright symbol, the name of JVisual, the content’s identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.
- Governing Law/Arbitration. This agreement will be governed by the laws of the State of Israel. Any disputes arising from or related to this agreement shall be finally settled by a mutually agreed upon arbitrator who shall conduct the arbitration in accordance with Israeli law, but shall not be subject to legal procedure regulations. Any decision made by the arbitrator shall be reasoned and explained, and the parties shall have a right to appeal the decision to a competent court.
- If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
- No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
- Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by JVisual and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
- All notices required to be sent to JVisual under this agreement should be sent via email to firstname.lastname@example.org. All notices to you will be sent via email to the email set out in your account.
- You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.