Iacobuzio-drawings by ©Andrea Iacobuzio
TERMS OF SERVICE
The following is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement (“you”) and Iacobuzio-drawings by ©Andrea Iacobuzio, Inc. (“Iacobuzio-drawings by ©Andrea Iacobuzio“). Please read this agreement carefully before purchasing any Iacobuzio-drawings by ©Andrea Iacobuzio Images and/or content (“Image” or “Images”). By purchasing any Image, you agree to be bound by the terms of this agreement, the
Iacobuzio-drawings by ©Andrea Iacobuzio Privacy Statement
, which documents are incorporated herein and made a part hereof by this reference. Iacobuzio-drawings by ©Andrea Iacobuzio reserves the right to change any of the terms of this agreement at any time, and you agree to be bound by such changes. Please make sure that you read and understand all such changes. If you do not agree to these Terms of Service, as same may be amended from time to time, do not purchase or use any Images. Please note that Images purchased may only be used in compliance with these Terms of service.
Please note: If your purchase was active prior to the changes in these Terms of service, your use of Images will be controlled by the Terms of service in effect at the time your Iacobuzio-drawings by ©Andrea Iacobuzio purchase commenced.
Except as expressly provided herein, you may not directly or indirectly use, copy or reproduce any Image (in whole or in part) more than fifty thousand (50,000) times.
LIMITED LICENSE TO USE
.1 All Images on the Iacobuzio-drawings by ©Andrea Iacobuzio website are protected by Italy, European Country and United States and international copyright laws and treaties. Iacobuzio-drawings by ©Andrea Iacobuzio and/or the various artists who provide content and/or Images to Iacobuzio-drawings by ©Andrea Iacobuzio (“Submitters”) own all rights, including the copyrights in and to the Images. Iacobuzio-drawings by ©Andrea Iacobuzio and/or its Submitters reserve 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 and are conditioned upon your payment to Iacobuzio-drawings by ©Andrea Iacobuzio for your use of the Images. If you fail to make any payment to Iacobuzio-drawings by ©Andrea Iacobuzio when due, or if any check is dishonored or credit card charge refused or charged back, you be deemed delinquent. You have the right to use the downloaded Image, subject however, to the terms of this agreement. If you become delinquent, your right to use any Images pourchased at any time shall automatically terminate unless all payments together with any interest thereon and Iacobuzio-drawings by ©Andrea Iacobuzio‘s costs of collection, bank charges and credit card processing fees are received by Iacobuzio-drawings by ©Andrea Iacobuzio no later than fifteen (15) days from the date that you became delinquent.
.2 Every time you use a Iacobuzio-drawings by ©Andrea Iacobuzio image you must display copyright: Iacobuzio-drawings by ©Andrea Iacobuzio
.3 By this Agreement, Iacobuzio-drawings by ©Andrea Iacobuzio 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 hereof:
- a) On web sites, provided that no Image is displayed at a resolution greater than 800 x 600 pixels;
- b) As toolbar skins, screensavers and mobile phone “wallpaper” for your own personal, non-commercial use, not for resale, download or distribution;
- c) 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;
- d) As a single hand painted reproduction (not as a printed reproduction) on canvas or other material to be used as decoration and not resold;
- e) In coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email – or linked from unsolicited email and no Image may be reproduced or used more than 50,000 times;
- f) On letterhead and business cards, pamphlets, brochures, catalogs and on pop up and/or panel displays for use in conventions and trade shows, provided that no individual Image is reproduced more than 50,000 times in the aggregate;
- g) In the artwork for the packaging of any product provided that the print and/ or manufacturing run does not exceed fifty thousand (50,000) copies in the aggregate;
- h) Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software and further provided that the manufacturing or duplication run(s)of such software (including downloads of such software) does not exceed fifty thousand (50,000) copies in the aggregate;
- i) In multimedia presentations and incorporated into film and video for television and/or internet broadcast, and theatrical display only where the intended audience will consist of fewer than two hundred fifty thousand (250,000) viewers;
- j) In multimedia presentations and incorporated into film and video for distribution and/or sale in the home video market, provided that the manufacturing or duplication run (including downloads) of such home videos does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
- k) As CD or DVD cover art and/or artwork, provided that the manufacturing or print run of such CDs or DVDs (including downloads of such artwork) does not exceed fifty thousand (50,000) copies in the aggregate;
- l) As part of editorial or advertising copy in magazines, newspapers, books, book covers, textbooks, editorials and directories provided that the print or manufacturing run(s) of such magazines, newspapers, books , book covers, textbooks, editorials and directories does not exceed two hundred fifty thousand (250,000) copies in the aggregate;
- m) In eBooks, including multi seat license electronic textbooks, provided that the number of potential seat licenses or end users is fewer than fifty thousand (50,000) in the aggregate; and
- n) As advertising posters for use in promoting the sale of other products (as opposed to promoting the sale of the prints, posters, etc. containing the Images), provided that such prints and/or posters and/or other reproductions combine words and an Image or Images and further provided that the print or manufacturing run(s) of such posters does not exceed fifty thousand (50,000) copies in the aggregate.
.4 In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Iacobuzio-drawings by ©Andrea Iacobuzio or its Submitter(s), subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.
.5 All other rights in the Images are expressly reserved by Iacobuzio-drawings by ©Andrea Iacobuzio for itself and its Submitters.
YOU MAY NOT:
.6 Use an Image other than as specified in PART I.
.7 Except as expressly provided in Part I hereof, directly or indirectly copy or reproduce any Image (in whole or in part) more than fifty thousand (50,000) times. Nor may you produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic or any other medium unless expressly permitted by this agreement.
.8 Use or display any Image on websites or in connection with any service designed to sell or induce sales of “print on demand” products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
.9 Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party’s trademark or intellectual property.
.10 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; and e) 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.
.11 Resell, redistribute or transfer any Image except as specifically provided herein. Displaying any Image in any digital format or for any digital use at a resolution greater than 800 x 600 pixels will be deemed to be an attempt to redistribute the Image and could result in the termination of your rights under this agreement.
.12 Share an Image by providing access to such Image on shared disk drives, computer networks, intranets of any nature or otherwise.
.13 Use Iacobuzio-drawings by ©Andrea Iacobuzio Images in a manner that competes with Iacobuzio-drawings by ©Andrea Iacobuzio‘s business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering Iacobuzio-drawings by ©Andrea Iacobuzio Images for sale, or including Iacobuzio-drawings by ©Andrea Iacobuzio Images in templates of any nature, including templates for websites, social networking websites (e.g., MySpace.com, Facebook, etc.) documents, projects or otherwise for distribution and/or sale to third parties.
.14 You may not create a digital or print greeting card line based on Iacobuzio-drawings by ©Andrea Iacobuzio Images – or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale. You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Iacobuzio-drawings by ©Andrea Iacobuzio Images./p>
.15 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.
.16 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
.17 Represent yourself as an agent, employee, designee, or affiliate of Iacobuzio-drawings by ©Andrea Iacobuzio for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement.
.18 Use automated programs, applets, bots or the like to access the Iacobuzio-drawings by ©Andrea Iacobuzio.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.
.19 Iacobuzio-drawings by ©Andrea Iacobuzio shall be under no obligation to refund your subscription fee under any circumstances.
.20 “Non-transferable” as used herein means that except as specifically provided in these Terms of service, 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. 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 Iacobuzio-drawings by ©Andrea Iacobuzio Image(s) please notify us via email at
.21 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 Iacobuzio-drawings by ©Andrea Iacobuzio Image number as well as the date or dates on which the Images were used. You shall deliver copies of such records to Iacobuzio-drawings by ©Andrea Iacobuzio at Iacobuzio-drawings by ©Andrea Iacobuzio‘s request. You may use Iacobuzio-drawings by ©Andrea Iacobuzio Images for no more than three (3) clients per purchase.
.22 You agree to indemnify and hold Iacobuzio-drawings by ©Andrea Iacobuzio, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by this Agreement. You further agree to indemnify Iacobuzio-drawings by ©Andrea Iacobuzio for all costs and expenses that Iacobuzio-drawings by ©Andrea Iacobuzio incurs in the event that you breach any of the terms of this or any other agreement with Iacobuzio-drawings by ©Andrea Iacobuzio.
.23 Iacobuzio-drawings by ©Andrea Iacobuzio warrants and represents that:
- a) unaltered Images downloaded and used in full compliance with these Terms of service and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties’ rights of privacy or publicity;
- b) Unaltered Images do not and will not: (i) violate any Italia, European Country and US law, statute, ordinance, or regulation; (ii) be defamatory or libelous; or (iii) be pornographic or obscene.
- c) While Iacobuzio-drawings by ©Andrea Iacobuzio makes commercially reasonable efforts to ensure the accuracy of Image keywords and descriptions, as well as the integrity of our Editorial Images, Iacobuzio-drawings by ©Andrea Iacobuzio makes no warranties and/or representations regarding such keywords, Image descriptions or integrity.
.24 Notwithstanding any thing to the contrary contained herein, Iacobuzio-drawings by ©Andrea Iacobuzio shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the Images are used by you.
.25 If you are unsure of your rights under this agreement, or if you wish to use an Image in a manner not expressly permitted under this agreement, please
.26 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 Iacobuzio-drawings by ©Andrea Iacobuzio for any breaches of the terms of this agreement.
.27 Credit Attributions and Copyright Notices for Editorial Uses of Images
- a) You shall provide a link back to www.iacobuzio-drawings.com (where applicable) -or- provide a credit to the Iacobuzio-drawings by ©Andrea Iacobuzio contributor and to Iacobuzio-drawings by ©Andrea Iacobuzio in connection with the editorial use of any Image. Such credit shall be in substantially the following form: Iacobuzio-drawings by ©Andrea Iacobuzio
- b) In the event that an Image is used in connection with a film, television broadcast, documentary or other audio-video or multimedia project, you shall use reasonable commercial efforts to accord the Iacobuzio-drawings by ©Andrea Iacobuzio contributor and Iacobuzio-drawings by ©Andrea Iacobuzio a credit as provided above.
- c) The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that Subscriber cures such omission following email notice from Iacobuzio-drawings by ©Andrea Iacobuzio.
Iacobuzio-drawings by ©Andrea Iacobuzio DOES NOT WARRANT THAT THE IMAGE(S), Iacobuzio-drawings by ©Andrea Iacobuzio 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.
SHALL Iacobuzio-drawings by ©Andrea Iacobuzio‘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 Iacobuzio-drawings by ©Andrea Iacobuzio WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY Iacobuzio-drawings by ©Andrea Iacobuzio FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S). NEITHER Iacobuzio-drawings by ©Andrea Iacobuzio NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS, DIRECTORS OR SUPPLIERS SHALL 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), Iacobuzio-drawings by ©Andrea Iacobuzio‘S BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN, EVEN IF Iacobuzio-drawings by ©Andrea Iacobuzio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL Iacobuzio-drawings by ©Andrea Iacobuzio‘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 Iacobuzio-drawings by ©Andrea Iacobuzio WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LIMITS OF LIABILITY.
Effective 2 May 2013