Mosaic Images General Licencing Terms


This is a license agreement between you and Mosaic Images that explains how you can use photos, illustrations, vectors, and video clips (individually and collectively, "content") that you license from Mosaic Images. By downloading content from Mosaic Images, you accept the terms of this agreement.

  1. Mosaic Images offers Editorial and Creative (Commercial) Licenses:

    • Editorial licensing is for content that is newsworthy, informative and of interest to the general public.

    • Creative Commercial usage is for any application that generates financial profit. Both are based on specific types of use, and pricing is based on factors such as size, placement, duration of use, and geographic distribution.

    • Comp license: You are welcome to use content from the Mosaic Images site on a complimentary basis for test or sample (composite or comp) use only, for up to 30 days following download. However, unless a license is purchased, content cannot be used in any final materials or any publicly available materials. No other rights or warranties are granted for comp use.

  2. How can I use licensed content? You may use licensed content in any way consistent with the rights granted below and not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Mosaic Images are:

    • Usage: Where used (print or other medium as specified)

    • Format: How used

    • Coverage: specific uses

    • Size: The resolution of the image

    • Term: The length of time you are able to use the licensed property.

    • Worldwide: meaning content can be used in any geographic territory.

    • Circulation: Audience or readership

    • Distribution: Manor in which product is accessible.

    • Non-Exclusive: meaning that you do not have exclusive rights to use the content. Mosaic Images can license the same content to other customers.

    • Limited: to the specific use, medium, period of time, print run, placement, size of content, and territory selected

For purposes of this agreement: "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of. Please make sure you read the Restricted Uses section below for exceptions.

3. Restricted Uses (unless additional licenses are purchased):

The following are prohibited without the prior written consent of Mosaic Images and payment of an additional license fee:

a. No Unlawful Use: You may not use content in a pornographic, defamatory or other unlawful manner.

b. No Commercial Use of Editorial Content: Unless commercial rights are specified on the Mosaic Images invoice or sales order, or granted pursuant to a separate license agreement, you may not use content marked “editorial” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose.

c. No Stand Alone File Use: You may not use content in any way that allows others to download, extract, or redistribute content as a stand alone file (meaning just the content file itself, separate from the project or end use).

d. No False Representation of Authorship: You may not falsely represent that you are the original creator of a work that is made up largely of licensed content.

e. No Digital or Social Media usage: unless otherwise agreed upon by Mosaic Images.

f. No 'On Demand' Products: Unless you purchase a custom license, you may not use content in connection with "on demand" products (e.g., products in which a licensed image is selected by a third party for customization of such product on a made-toorder basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items

g. No Metadata Exploitation: Unless expressly authorized by Mosaic Images, you may not use the caption information, keywords, accompanying text, or other metadata associated with content separate and apart from the content, or allow any third parties to access or use any such information associated with content.

h. No transferring or sub-licensing.

i. No third party transfers in production without written and signed designation of personnel.

4. Intellectual Property Rights:

Ownership:

All of the licensed content is owned by Mosaic Images.

Attribution:

a. Photo Credits: Credit must be included adjacent to the content or in production credits. The credit should be in the following form or as otherwise stipulated in the caption information accompanying the content on the Mosaic Images website: “Photographer Name/description (optional) copy right Mosaic Images”

b. Video Credits: If used in an audio/visual production or video where credits are accorded to other providers of licensed material, you must include a credit in comparable size and placement. The credit should be in the following form or as otherwise stipulated in the caption information accompanying the content on the Mosaic Images website: “Photographer Name/description (optional) copy right Mosaic Images”

5. Indemnification / Limitation of Liability:

a. Indemnification of Mosaic Images by you: You agree to defend, indemnify and hold harmless Mosaic from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Mosaic Images; and (iii) your failure to obtain any required release for your use of content.

b. Limitation of Liability: Mosaic Images will not be liable to you or any other person or entity for any lost profits, punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out of this agreement, even if mosaic images has been advised of the possibility of such damages, costs or losses. Some jurisdictions do not permit the exclusion or limitation of implied warranties or liability.

c. General Provisions:

a. Assignment: No assignable rights.

b. Electronic storage: You agree to return, delete or destroy all files acquired from Mosaic Images after your project is done and at the end of the term of your agreement. You also will maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for backup purposes.

c. Governing Law/Arbitration: This agreement will be governed by the laws of the State of Connecticut, U.S.A.. without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator.

d. Severability: If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

e. Waiver: No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

f. Entire Agreement: No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Mosaic Images and accepted by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.


 

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Additional Contact INFORMATION

Tel: 203.327.7111

Fax: 203.323.3526

Email: info@mosaicrecordsimage.com