Terms of Service
Digital Image License Agreement
Introduction
This is a legal agreement between you (Client) and Joseph Flahive (Homestills.io). This agreement applies when the Client purchases Digital Image License (Licensed Content) from Homestills.io. By purchasing, downloading or using Licensed Content provided by Homestills.io, the Client agrees to the terms described within this license contract.
License Types
This Digital Image License Agreement is for web use only. Individuals and businesses interested in using these images for print must contact us at joe@homestills.io
Licensed Content Usage
This Digital Image License allows the Client to use Licensed Content limited to a term of one (1) year from the date hereof, online, for an unlimited number of times. The Client may use licensed content for personal or commercial reasons except as outlined in the Restricted Usage section of this agreement.
The Client understands that licensed content is non-exclusive, and may be used by other licensed parties.
The Client’s employees or subcontractors may access and use Licensed Content at the direction of the Client, and only in relation to the Client’s own projects.
Restricted Usage
The Client understands and agrees to the following restrictions on the use of Licensed Content:
• Unlawful Use – The Client will not use Licensed Content in any defamatory manner, or in violation of any applicable laws.
• File Storage – The Client will store only 2 copies of any Licensed Content file, and will not store such copies in any manner that allows for downloading or redistributing the file in its original format.
• Pornographic Use – The Client will not use Licensed Content in relation to any pornographic subject matter.
• Sensitive Use Disclaimer – If the Client uses Licensed Content in connection with subject matter that could be interpreted as controversial in nature, the Client agrees to indicate that the Licensed Content is for example purposes.
• False Representation – The Client will not falsely represent that they are the original creator of the Licensed Content.
• On-Demand Products – The Client will not use Licensed Content for the creation or production of on-demand or made-to-order products, such as, but not limited to, postcards, mugs, t-shirts, calendars or computer desktop wallpapers.
• Templates – The Client will not use Licensed Content for the creation of digital templates intended for resale or other distribution.
• Logo Usage – The Client will not use Licensed Content as part of a trademark, service mark, business name or logo.
Intellectual Property Rights
The Client understands that Homestills.io retains all ownership and copyrights to Licensed Content. Any rights not expressly granted in this agreement are reserved by Homestills.io. The Client is granted limited use of the Joseph Flahive or Homestills.io names for the purpose of attribution.
Termination, Cancellation and Withdrawal
Homestills.io may terminate this agreement at any time if the Client breaches the terms of this or any other agreement with Homestills.io. When this agreement is terminated, the Client agrees to cease using Licensed Content specified by Homestills.io, and destroy any stored copies of such data.
Any requests for license cancellations or refunds must be made in writing by sending an email to joe@homestills.io. If the request has been made within 14 days of purchase, and the Licensed Content has not been used, Homestills.io may issue a full or partial refund.
Homestills.io may discontinue licensing of any Licensed Content, at any time, and for any reason, at its sole discretion. If Homestills.io withdraws Licensed Content, and the Client has not used said content for more than one year, Homestills.io may issue a full or partial refund.
Representations and Warranties
Homestills.io does not guarantee the accuracy of Licensed Content categories, descriptions, keywords, captions or titles. The Client agrees that all licensed content is provided “as is” without representation, warranty or condition of any kind.
Indemnification
Client will indemnify and defend Homestills.io against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of Licensed Content or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Homestills.io, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Homestills.io. It is Client's sole responsibility to determine whether any model or property releases delivered by Homestills.io are suitable for Client's purposes. Homestills.io's liability for all claims shall not exceed in any event the total amount paid under this invoice.
General Provisions
The Client understands and agrees to the following general provisions of this contract:
• Assignment – The Client is bound by this agreement and may not assign it to other individuals or businesses without the express written consent of Homestills.io. Homestills.io reserves the right to assign this agreement to any successor, without notice or consent.
• Licensed Content Audit – The Client agrees to provide Homestills.io with samples, photographs or illustrations of Licensed Content in use. Homestills.io may audit the Client’s usage of licensed content to ensure compliance with this agreement. If the Client is found to be using Licensed Content in a manner outside of accordance with this agreement, the Client agrees to reimburse Homestills.io for the cost of the audit.
• Governing Law – The validity, construction, and performance of this Agreement shall be governed by the internal law of the State of Massachusetts without regard to its choice of law rules. Any dispute arising under this Agreement shall be adjudicated exclusively in the state or federal courts located in the County of Middlesex, State of Massachusetts. If Licensor is caused to present claims or suit as a result of any breach of the above terms set forth, Licensee shall be responsible for all reasonable legal fees or costs incurred.
• Severability – If any of the provisions of this agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions will not be affected.
• Entirety – No terms or conditions outlined in this agreement may be modified by either party without the express consent of both parties, in writing.
• Notice – Any notices for Homestills.io pertaining to this agreement or Licensed Content should be sent via email to joe@homestills.io. Homestills.io will send any such notices to the Client’s email account used when scheduling photography services or purchasing or registering Licensed Content.
Questions or comments about this license agreement may be emailed to joe@homestills.io