Image
Usage Agreement
You are
required to follow the conditions of use if you use any images from the
Website located at www.Kombu.com.
Your use of the Website indicates your acceptance of these conditions of
use which applies to all files on the Website.
1. Use
of image files.
Kombu.com licenses to you the use of image files only as provided below
on a nonexclusive and nontransferable basis upon payment of the required
fees.
All other rights to the image files and any accompanying materials such
as copyright are retained by Kombu.com and its photographers.
2.
Intellectual Property and Privacy Laws.
You acknowledge that the content available through the Website is the
property of Kombu.com or its content providers and is protected by
copyright
and possibly other intellectual property laws.
Furthermore, you acknowledge that trademarks and copyrights of the
subject matter depicted in the images are subject to protection by
intellectual property laws
and that you must obtain consent from the owners of the intellectual
property when necessary to comply with intellectual property laws.
Absent an explicit written statement from Kombu.com stating otherwise,
you should assume that no consent from persons or owners of property
depicted in an image
has been given regarding publication and that model and property
releases are not available from Kombu.com or its content providers.
Further, Kombu.com makes
no claims or warranties as to the validity of the model or property
releases associated with any image and such releases should be verified
by you and that such
usage shall be at your risk.
3.
Without a Kombu.com Special License, you may not:
a. print the photo or image as a poster, postcard, greeting card, on a
mug, shirt, hat, mouse pad, art print, painting, calendar, book, or
gallery or use the image
in screensavers, e-card software, web page builders or other systems
where the image is shared or distributed to a number of users.
b. display or post images obtained from the Kombu.com Website in a
gallery or library format or size larger than 800 pixels that makes it
easy for people to copy,
save or steal the photos. If more than 10 images from the Website are
being used, size must be no more than 150 pixels in height or width.
This is to prevent photos from being freely or easily re-distributed. If
your photo is larger than 600 pixels and is an integrated part of a
product, design, template or website,
this is fine.
c. use images in any way that constitutes a violation of the rights of
individuals such as defamation, intrusion on privacy, misappropriation
of likeness, or depiction in a
false light.
d. use images in any way that violates civil and criminal laws such as
those regulating pornography, obscenity, fraudulent schemes,
counterfeiting, espionage, and aid to
illicit activities.
e. post any file obtained from the Website in a gallery format designed
or intended to facilitate transfers of files via the Internet by
individual users.
f. resell or distribute any file obtained from the Website or its
associated depiction unless the image is an integrated part of the
product being resold,
and comprises less than 50 percent of the overall product, page layout
or design.
g. reverse engineer, decompile, or disassemble any part of a file or
accompanying materials except as permitted by law. You MAY alter the
image file to suit your visual
needs within reason.
h. use any part of an image as a trademark, service mark, logo, or part
thereof.
i. remove any copyright or trademark information from any place in the
files or accompanying materials.
4. Permitted
Uses You may:
a. display the images from image files in any manner not prohibited by
the agreement provided that you include the copyright information from
the image file in the
form of a legally effective copyright notice if at all possible in this
form: Photographer's Name. Image from Kombu.com".
b. modify or alter images as necessary for your use, as allowed for
elsewhere in these terms and conditions. All photos or files taken from
Kombu.com and integrated
into said derivative work are still copyrighted by Kombu.com or the
appropriate content provider.
By purchasing a license to use an image image from Kombu.com you are not
purchasing copyrights to our image files in any way. If requested by
Kombu.com,
you agree to execute a written assignment of any such copyrights with
respect to such derivative work.
c. in the normal course of workflow, convey to third parties such as
printers a temporary copy of a file that is integral to your work
product and without which the product
could not be completed.
d.
print or use the image for your own use in any size, but you may not
resell it, or redistribute it to others in any way. Acceptable uses
include but are not limited to
personal use, consumer merchandise, website designs, business cards,
other designs, website and PowerPoint templates, book and album covers,
product
packaging, advertisements, newsletters, flyers, brochures, set designs,
scholastic and promotional materials, films or videos, demonstrations,
presentations,
trade show signage and other uses where the image is not a definitive
main part of your product.
Using the photo as part of your product is generally OK. Using
the image or re-printing the image in a way that it really IS the
main part of your product or is a main
definitive part of your product is generally not OK.
Purchasing an image buys you a license to use the image in one
product/project. If you are creating several products/projects you must
re-purchase photo for each
new product:
Example 1: You write a newsletter and use a Kombu.com photo in it and
you distribute 100,000 copies. If you decide to use the photo again for
a different newsletter
or different purpose,
you must re-purchase it. You create a website template and sell it on
your site to any number of people, using a Kombu.com image in it. If you
decide to use the image
again for a different template, you must re-purchase it for each new
template/product you design.
You can sell as many copies of the template or product as you like, but
each new separate product you design and sell requires the photo to be
purchased again, since
the license you are buying is for use of the image file within one
product.
Kombu.com reserves the right to elect at a later date to replace the
Image File(s) with an alternative for any reason.
Upon notice of such replacement, the license for the replaced Image
File(s) terminates for any products that do not already exist, and this
license automatically applies
to the replacement Image File(s).
You agree not to use the replaced Image File(s) for future products and
to take all reasonable steps to discontinue use of the replaced Image
File(s) in products that already exist.
5. No resale or sublicensing.
You may not resell, distribute or sublicense the files, accompanying
material, or the rights to use the files to anyone for any purpose,
except as specifically provided for
in this agreement or within a Kombu.com Special Licensing agreement.
7. Assumption of risk.
You expressly agree that use of all images, files, or software
distributed by Kombu.com is at your sole risk.
Kombu.com does not warrant or guarantee that files or images on the
Website are free from copyright or other intellectual property concerns.
8. Disclaimers.
All images, files, and software distributed by Kombu.com are provided on
an "as is" and "as available" basis and without warranties or conditions
of any kind either
express or implied.
Kombu.com assumes no responsibility for any actions or liabilities
arising from their possession or use. Kombu.com disclaims all
warranties, express or implied,
including but not limited to, implied warranties of merchantability and fitness
for a particular purpose.
Under no circumstances shall Kombu.com or its content providers be
liable to you or any third-party for any indirect, consequential,
incidental, special or punitive
damages, including but not limited to lost profits and business interruption,
irrespective of the type of cause of action, arising in any way from use
of the Website,
even if Kombu.com is expressly advised of the possibility of such damages. In no event
shall Kombu.com's liability exceed the fees paid for the use of the files.
No oral advice or written information given by Kombu.com, its content providers or the like, shall create a
warranty; nor shall customer rely on any such information or advice.
You acknowledge that this paragraph shall
apply to all content, images, and services available through this Website. In those states that do not allow the exclusion
or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
9. Assignment
You may not assign its right and obligations under this agreement
without obtaining the prior written consent of Kombu.com. Kombu.com may
assign this agreement.
10.
Severability
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.
11. Arbitration
A material part of this contract is the Agreement to arbitrate. Any and
all disputes arising out of, under or in connection with this Agreement,
with the exception of
copyright claims,
including without limitation, its validity, interpretation, performance
and breach, shall be submitted to arbitration in California pursuant to
the rules
of the Arbitration Act (California)
in effect at the time arbitration is demanded. Judgment upon any award
rendered may be entered in the highest court of the land
having
jurisdiction.
This Agreement, its validity and effect, shall be interpreted under, and
governed by, the state laws of California and you agree that the
arbitrators shall award all costs
of arbitration,
including legal fees, plus legal rate-of-interest to the successful
party. You consent to service of any required notice or process upon you
by registered
mail or overnight courier with
proof of delivery.
12. Legal
Fees and Jurisdiction
If Kombu.com is obligated to go to court, rather than arbitration, to
enforce any of its rights, or to collect any fees, you agree to
reimburse Kombu.com for its legal
fees, costs and
disbursements if Kombu.com is successful.
13. Entire
Agreement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND
AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE
AGREEMENT BETWEEN YOU AND KOMBU.COM, WHICH
SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY
OTHER COMMUNICATION BETWEEN YOU AND KOMBU.COM
RELATING TO THE SUBJECT OF THIS AGREEMENT.
Kombu.com reserves the right, at its discretion, to revise this
Agreement at any time, and such revision shall be effective immediately
upon the posting of the revised
Agreement at the Website.
You agree to review the Agreement periodically to become aware of such
revisions.
You agree that by using this site or images, photos or files from this
site, that you are bound by this Agreement. This Agreement evidences the
complete understanding
of the parties
(you and Kombu.com. with respect to the subject matter hereof and may
not be amended, modified or waived in whole or in part except in a
writing signed
by the parties).
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PERMITTED USES
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Personal use
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advertisement
-
presentation
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book cover
-
set designs
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trade show signage
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film or video
-
scholastic material
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newsletter, brochure
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webpage design
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web template
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PowerPoint template
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NORMALLY NOT PERMITTED USES
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General Rule of Thumb regarding Usage:
OK: These uses are normally fine:
advertisement, printed not-for-sale promotion materials, presentations,
product packaging, invitation, book cover, set design, trade show
signage,
film, video, scholastic material, newsletter, brochure, webpage
design, web design template, PowerPoint template.
Not OK:
These uses
are normally NOT allowed without a Kombu.com special license: poster,
art print, postcard, clothing (t-shirt, hat, etc.), mug.
Using the photo as a definitive, main focal part of your poster, art
print, postcard, clothing (t-shirt, hat, etc), mug, canvas painting or
print or similar uses is normally not allowed.
If any of these conditions apply, you
probably need a Kombu.com special license:
Is the image or photo a MAIN, DEFINITIVE and IMPORTANT part of your
product/project that you intend to sell or distribute?
Do you plan on posting the images online for others to use or download
in any way?
Does the image make up 50% or more of your product, it's design, or it's
page layout
Remember to re-license (re-purchase)
the image each time you use it in a new product or project
Contact us
here
with any additional questions about usage - thanks again.
Copyright © 2009 - Kombu.com · All Rights Reserved
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