EyeInvent: Terms and Conditions
I have attempted at all times to be clear and unambiguous. I update these Terms and Conditions from time to time so please revisit this page periodically.
Last Modified: 26th April 2015 - simplification of free to view gallery terms
EyeInvent Royalty-Free End User License Agreement (EULA)
This is a legal agreement between you or your company, firm or other organization ("you") and "EyeInvent". Please read this agreement carefully in its entirety before you download/copy or use any image from EyeInvent. Bydownloading Images from this website you agree to be bound by the terms of this End User License Agreement (the EULA known as the "Agreement") and the Image usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete any Images downloaded or copied from EyeInvent.
"Terms": Means the terms and conditions set out in this Agreement.
"Contributor": Means the owner of the copyright in the Image(s) at EyeInvent: Mike de Sousa.
"EyeInvent": The website EyeInvent that hosts images and content created by Mike de Sousa.
"Image(s)": Means the Image(s) you have selected which are identified on the notification for members or, in the case of a download, the file contained in the compressed zip archive.
"License": Means the non-exclusive (unless otherwise stated in the member's notification) non-sublicensable right EyeInvent grants to you to use the Image(s).
"Reproduction": Includes any form of copying or publication of the whole or part of any Image whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image may not appear to a reasonable person to be derived from the original Image.
"Release": Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Image.
1. The parties to this contract are EyeInvent (Mike de Sousa), site visitors and members who have downloaded or copied image files from www.eyeinvent.com.
Grant of Rights and Restrictions
2. All Images on the EyeInvent website are protected by United Kingdom and international copyright laws and treaties. EyeInvent owns all rights, including the copyrights in and to the Images. EyeInvent reserves all rights in and to the Images not expressly granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement. If you do not attribute free images available at EyeInvent when posted on other sites, your account will be deemed delinquent, and your license, revoked.
3. In the event that you create a derivative work based on or incorporating one or more Images, all rights shall continue to be owned by EyeInvent, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
Part 1: What You Can Do
By this Agreement, EyeInvent grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways (subject to the limitations set forth herein and in "Part II : What You Must Not Do" below).
4. Display on web sites, provided that the Image is not resold, offered as a download, distributed by another means (zip, compressed file, ftp etc.), or explicitly presented as being original to the site publisher, its employees, affiliates, or associates.
5. As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution;
6. As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution;
7. As a single hand printed reproduction on canvas or other material for your own personal, non-commercial use and display, to be used as decoration and not resold;
Part II: What You Must Not Do
YOU CAN NOT:
8. Use an Image other than as specified in "Part 1: What You Can Do" above.
9. Except as expressly provided in Part I hereof, directly or indirectly produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic, or on any other medium unless expressly permitted by this agreement.
10. Use or display any Image on websites or in print in connection with any service designed to sell or induce sales of "print on demand" or template products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
11. Use an Image together with military, pornographic, defamatory, or unlawful content, or in such a manner that it infringes upon any third party's trademark or intellectual property.
12. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images:
a) in pornography, "adult videos" or the like;
b) in ads for tobacco products;
c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services;
d) in connection with political endorsements;
e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and
f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
g) in advertisements or promotional materials for the manufacture of armaments or other equipment that is used in the violation of human rights;
13. Resell, redistribute or transfer any Image except as specifically provided herein;
14. You may not create a digital or print greeting card line based on EyeInvent Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale;
15. Promotional uses must comply, in all respects, with the restrictions set forth in this document. You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images;
16. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services;
17. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image;
18. Represent yourself as an agent, employee, designee, or affiliate of EyeInvent for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement;
19. Use automated programs, applets, bots or the like to access the EyeInvent.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content on the website;
20. If you are an intermediary (for example an advertising agency) you may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but you may sub-license an Image as part of a derivative work (for example an advertisement) to your clients;
21. The Image(s) may not be distributed by a mobile phone device in a way that would allow any third party to download, extract or access the Image(s) as a standalone file.
22. You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.
23. The Image(s) may not be sublicensed, resold or otherwise made available for downloading, use or distribution separately. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, your customers may be provided with copies of the Image(s) as an integral part of work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately.
24. You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.
25. No ownership or copyright in any Image shall pass to you by the issue of the License. Unless otherwise agreed in writing, if any Image is reproduced by you for editorial purposes (i.e., for any non-promotional purpose) you must include the credit line "(Photographer's or Agency's name) "EyeInvent", or any other credit line specified by EyeInvent.
Warranty and Limitation of Liability
26. EyeInvent makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. EyeInvent shall not be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of EyeInvent, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if EyeInvent has been advised of the possibility of such damages, costs or losses.
27. You agree to indemnify and hold EyeInvent harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorized use of any Image supplied to you by EyeInvent, on behalf of the Contributor, or any other breach by you of any of your obligations under this Agreement. You further agree to indemnify EyeInvent for all costs and expenses that EyeInvent incurs in the event that you breach any of the terms of this or any other agreement with EyeInvent.
28. EyeInvent gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).
29. EyeInvent gives no representations or warranties whatsoever with respect to the use of names, trade marks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Image.
30. You must satisfy yourself that all Releases as may be required for Reproduction of the Image(s) have been secured.
You are solely responsible for obtaining all such Releases and the License is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Image usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by EyeInvent save as set out in this Agreement.
32. Cancelling the License revokes any right to publish, reproduce or use the Image(s) in any manner whatsoever.
33. Due to the nature of server provision, downtime and lost transmissions may very occassionaly occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Image(s).
34. The Licence will terminate immediately if you (a) enter into voluntary or compulsory liquidation, (b) have a receiver appointed or (c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
35. No variation of any of these Terms shall be effective unless in writing and signed by EyeInvent and you. No action of EyeInvent, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that EyeInvent waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.
36. Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
37. This agreement, its validity and effect, shall be interpreted under and governed by the laws of England and be subject to the exclusive jurisdiction of the English courts. If EyeInvent is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify EyeInvent in respect of all reasonable legal fees and costs incurred by EyeInvent in relation thereto.
38. You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.
39. You must abide by any restriction on use notified to you by EyeInvent before, after or at the time of delivery of the Image(s) in the information accompa
nying the Image(s) or otherwise.
40. The Image(s) as stored by you must retain the copyright symbol, the name of EyeInvent, the Image(s)' identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Image(s).
41. If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or (ii) if the depiction of the model in the Image would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the Image is being used for illustrative purposes only.
42. EyeInvent may at any time hereafter notify you that certain Images are no longer available for use under this Agreement and upon such notification the License shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at EyeInvent's discretion, the replacement of such recalled Image with another Image to the extent attributable to such recalled Image.
43. EyeInvent does not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s).
44. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end
user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any EyeInvent Image(s) please notify us via email.
45. If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the EyeInvent Image number as well as the date or dates on which the Images were used.
46. You agree that you will not share your username and password combination. Your EyeInvent username and password are to be used only by you. Each person that desires to access the
EyeInvent site must have his/her own username and password.
47. EyeInvent reserves the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information.
48. Neither EyeInvent nor any of its officers, employees, managers, members, shareholders, directors or suppliers, shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, the EyeInvent website or any Image or Images.
49. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the United Kingdom and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law.
50. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.
51. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to EyeInvent for any breaches of the terms of this agreement.
52. IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH EyeInvent, EyeInvent SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO EyeInvent'S OTHER RIGHTS AT LAW AND/OR EQUITY. EyeInvent SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.
53. EyeInvent MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF YOUR USE OF ANY IMAGE OR OF ANY RELEASE ASSOCIATED WITH AN IMAGE. THE IMAGES, AND ANY STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
54. EyeInvent GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, SERVICE MARK, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED. EyeInvent SUBMITTERS UPLOAD IMAGES TO THE EyeInvent WEBSITE AND WARRANT THAT THEY HAVE ALL RIGHTS REQUIRED TO DO SO AND TO ENABLE EyeInvent TO GRANT THE RIGHTS IT GRANTS IN THIS AGREEMENT.
55. EyeInvent DOES NOT WARRANT THAT THE IMAGE(S), EyeInvent WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.
56. YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.
57. EyeInvent 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 IMAGE(S), EyeInvent'S BREACH OF THIS AGREEMENT, OR OTHERWISE, EVEN IF EyeInvent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL EyeInvent'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE EyeInvent WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY EyeInvent FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).