PHOTOBASH - Terms and Conditions
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 a full acceptance of our License Agreement and 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 digital or analog/traditional creations and projects.
1.2 Usage Restrictions:
- You are not permitted to share or distribute the Photos to unlicensed third parties as a whole or individually.
- You may not 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.
- You may not 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 not falsely represent that you are the original creator of a work that is made up entirely of licensed Photos. For instance, you cannot create artwork based solely on licensed content and claim that you are the original author.
- 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 1.4.
- You may not use Photos in a pornographic, defamatory or otherwise unlawful manner, or in violation of any applicable regulations.
1.3 Our licenses allow 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 visualisation, e-book covers.
1.4 Our licenses limit 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, calendars, editorial, posters, photo books, canvas prints, t-shirts, mouse pads.
1.5 Licenses and types:
- Upon purchasing Photos the license type must be selected that best corresponds with the user's current situation as well as their intended future usage. (Freelance, Indie or Studio)
- Licenses cannot be modified or transferred and a new license must be purchased if it's intended usage does no longer match the current license restrictions and requirements.
- License terms may change with or without prior notice but will not affect licenses purchased before the date of its modification.
For more information about the licenses we offer, please refer to our License Agreement.
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 Squarespace, Paypal and Gumroad which may become temporarily unavailable 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.
3.1 PHOTOBASH.org respects your privacy and personal data. We do not collect or share any sensitive data such as personal name, address, phone number 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.) By using this site, you understand and agree to the terms of this policy.
3.2 PHOTOBASH.org collects customer email addresses for our newsletter feature. By downloading our Photos you agree to receive updates 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.
3.3 PHOTOBASH.org reserves the right to inspect or disclose available customer information if required to do so by law or in belief that such action is reasonably necessary to comply with law enforcement, legal process or to protect the rights, property or safety of PHOTOBASH.org, its employees, customers or the public.
3.4 PHOTOBASH.org reserves the right to display selected company names under the 'Client' section of its website solely for informational and portfolio purposes. Company logos or names on display will not be announced or made public under any other circumstances and no further information or data about clients or their purchases will be shared with outside parties. Company logos and names remain the sole property of their respective owners and PHOTOBASH.org claims no endorsement, partnership or affiliation with its clients/customers by displaying such information.
If you represent a company and would like add or remove your name from our client list, please contact us.
Article 4 - Intellectual Property Rights
4.1 All materials including the website and presentation of these are the property of PHOTOBASH.org. Unless otherwise indicated, all content featured or displayed on PHOTOBASH.org, including, but not limited to, text, graphics, data, photographic images and the selection and arrangement thereof is owned by 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 at the user's own risk and responsibility.
4.6 Photos may contain or display recognisable 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 model or 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 legislation may vary on country or state and should be consulted by the licensee prior to any form of publication. If you believe that any material on PHOTOBASH.org infringes upon any copyright that you own or control, please contact us with a notification of such infringement.
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 defense 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 defense of any such claim, action or matter.
Article 6 - Amendments/Termination and Final Clauses
6.1 By purchasing our products you constitute a full acceptance of our License Agreement and Terms and Conditions and any unilateral amendments.
6.2 PHOTOBASH.org may amend these Terms and Conditions and its products, prices and services at any time with reasonable notice, including without limitation by displaying a notification for a period of 4 weeks on its website. Any amendments or alterations made to these terms shall take immediate effect and apply to all licenses of Photos sold after such amendments have been made.
6.3 All requests for refunds/cancellations must be made in writing and not using the 'Dispute Sale' function on Gumroad. Provided that the request is made within 14 days and the licensed content has not been used, PHOTOBASH.org may cancel the relevant order and issue a full refund. No refunds are available for cancellation requests received more than 14 days from your receipt of content, or of disputed sales without a written refund request, In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any originals or copies of Photos you have obtained.
6.4 By using PHOTOBASH.org, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms and Conditions. If you are using our service on behalf of any entity, you further represent and warrant that you are authorised to accept these Terms and Conditions on such entity's behalf, and that such entity agrees to indemnify PHOTOBASH.org for any violations of the terms set forth in this agreement.
6.5 If one or more provisions or any part of these Terms and Conditions are found 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. Such provisions shall be revised only to the extent necessary to make them enforceable.
6.6 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 both 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.
6.7 PHOTOBASH.org may recoup from you all damages it suffers as a result of your violation of our License Agreement or Terms and Conditions.
Don't hesitate to contact us with any questions, for clarification on our License Agreement or Terms and Conditions or when otherwise in doubt about the usage or restrictions of our products. We are open for conversation and want the user to feel as unrestricted as possible.
Last updated on Sunday, February 26, 2017 at 6:52pm