PHOTOBASH - Terms Of Use

 

PHOTOBASH.org offers sets of digital photographs sold in packs (hereafter: ‘’Photos’’) on its website www.photobash.org.

The use or purchase of Photos and the PHOTOBASH.org website constitutes acceptance of the below Terms and Conditions.

 

Article 1 - Usage of Photos

1.1  Photos can be used for the following purposes:

  • Personal, commercial and educational usage.
  • Use in 2D or 3D art, illustration, computer graphics, movies, websites and/or printed media.
  • Incorporation in computer games, live-action movies, CGI, 3D models.
  • As photographic reference for any digital or analog/traditional creation.

1.2  You are not permitted to:

  • Share or distribute the Photos to third parties as a whole or individually. 
  • Sell or distribute any of the Photos in unmodified form, as stock photos, textures or references or as part of any other database, or any derivative product containing the Photos in such way that would allow a third party to use, download or access original Photos as stand-alone files.
  • Sell or distribute these photos in an insufficiently modified form (this includes colour correcting and cropping) by themselves or in a pack and to be used for purposes that may compete with the service of this website. This includes but is not limited to: texture packs, materials, wallpapers, skins, clipart, website templates, themes and scrapbooks.
  • You may only distribute the Photos as incorporated into an item of merchandise if the Photos have been modified or used in such way or to the extent that the modification is not substantially similar to the original or the item as a whole can qualify as an original work of authorship, or the primary value of the item does not lie with the Photos itself, with the exception of restrictions set forth in Article 1.5.

1.4  Our license allows you to use Photos freely, with the exception of restrictions specified in Article 1.2, for any type of visual or illustrative purpose in any type of digital media.

  • Examples: 2D or 3D art, matte painting, illustration, computer graphics, concept art, animation, movies, websites, news banners, blogs, emails, slide shows, advertising, architectural visualization, e-book covers.

1.5  Our license limits the use of printed media or any non-digital derivative product where our Photos comprise the primary value of the product's intended sale or distribution. In such cases Photos may only be used if the product is printed/reproduced less than 10 times. (For an alternative license please contact PHOTOBASH.org.)

  • Examples: post cards, calenders, editorial, posters, photo books, canvas prints, t-shirts, mouse pads.

1.6  Company, Employee and Client/Contractor use:

  • You may transfer files containing permitted derivative works to employees or subcontractors, provided that such employees and subcontractors agree to abide by the restrictions in these Terms and only use the Photos on your behalf. The employees and subcontractors have no additional rights to distribute, store, copy or use the Photos. 
  • You may use the license granted in these Terms for the benefit of one of your clients, provided that you transfer your license to your client and your client must comply with these Terms and restrictions. You are solely responsible and liable for use of the Photos by your client.
  • Employees or subcontractors using the Photos licensed through a company may share/store original Photos only when for the same purpose and from the same legal entity. Members from other legal entities must purchase Photos separately.

1.7  PHOTOBASH.org may recoup from you all damages it suffers as a result of your violation of these Terms and Conditions.

 

Article 2 - Availability and Purchasing

2.1  PHOTOBASH.org uses its best endeavours to make the best and safest service available at all times but makes no guarantees about uninterrupted availability of the website or payment/downloading functions.

PHOTOBASH.org relies on third party services such as Paypal and Gumroad.com which may become unavailable temporarily from time to time. 

2.2  Purchases on PHOTOBASH.org are made through a third party service: Gumroad.com. All secure payments and downloads are handled by Gumroad and PHOTOBASH.org takes no responsibility in any issues that may arise from using this third party service.

 

Article 3 - Privacy

3.1  PHOTOBASH.org respects your privacy and personal data. We do not collect any sensitive data such as name, address or payment details. Such data may be collected by Gumroad when paying for our Photos. (Please see the privacy statement of Gumroad.com for more information.)

3.2  PHOTOBASH.org collects customer email addresses for our newletter feature. By downloading our Photos you agree to receive our newsletter about new releases. This system is handled by Gumroad and you may use the unsubscribe feature on our emails to cancel your newsletter subscription at any time.

 

Article 4 - Intellectual Property Rights

4.1  All materials including the website and presentation of these are the property of PHOTOBASH.org.

4.2  The copyrights to purchased Photos remain with PHOTOBASH.org. You are only given a right of use that is non-exclusive and non-transferable and the competencies explicitly granted under these Terms and Conditions.

4.3  Photos are considered 'Royalty Free'. This means Photos may be used in personal, commercial or educational projects without credit or payable royalties to PHOTOBASH.org. Such projects may become intellectual properties on their own, even with the incorporation of our Photos, as long as the usage of these Photos does not interfere with any of the Terms set forth in this agreement.

4.4  Photos have been taken in a public space or with permission in a private space and PHOTOBASH.org warrants the rights to sell and license such Photos. This does not grant the user all publication rights and publication of Photos or material therein may be restricted depending on the type of usage.

4.5  Some images may contain graphic materials like logos, names or trademarks. The use of these kind of images is at your own discretion and we recommend removing said graphics from Photos when used for commercial purposes or in any situation where an issue displaying existing trademarks may arise. Usage of Photos in such scenarios is the user's own risk and responsibility.

4.6  Photos may contain or display recognizable people, trademarked buildings or other intellectual properties. PHOTOBASH.org sells and licenses Photos only through its online platform and does not require any releases or permissions for such transactions. Releases may be required in situations where Photos are published by the user/licensee, depending on the context in which they are presented. PHOTOBASH.org does not offer any release forms and we suggest to not use our Photos in ways that may require such permissions.

In practice, the majority of usages of our Photos should not raise any privacy or trademark issues, For further reading on this subject you can find useful information about Model Releases and using Photos of Trademarks under the provided links. 

Please be aware that rules and legislations may vary on country or state and should be consulted by the licensee prior to any form of publication. 

 

Article 5 - Liability and Indemnification

5.1  In no event shall PHOTOBASH.org be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including - without limitation - your use of, reliance upon, access to the PHOTOBASH.org website, the Photos or any part thereof, or any rights granted to you hereunder, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

5.2  You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of our Photos or your violation of these Terms. We have the right to control the defence of any claim, action or matter subject to indemnification by you with counsel of our own choosing. You will fully cooperate with us in the defence of any such claim, action or matter.

 

Article 6 - Final Clauses

6.1  PHOTOBASH.org may change these Terms and Conditions and its products, prices and services at any time and without prior notice.

6.2  In case any part of these Terms and Conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.

6.3  This Agreement shall be governed in all respects by the laws of Poland. You agree that any claim or dispute you may have against PHOTOBASH.org must be resolved exclusively by a Polish federal court except if otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located in Poland for the purpose of litigating all such claims or disputes.

 

Article 7 - Contact

7.1  Don't hesitate to contact us with any questions, for clarification on our Terms or when in doubt about the restrictions of our products. We are open for conversation and want the user to feel as unrestricted as possible.

 

 

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