Royalty-Free Image License Agreement
This is a legal agreement between licensee, purchaser (if any) and TEXTURELOAD.COM. This agreement applies to licenses issued via the web an is applicable to all material downloaded from the TEXTURELOAD.COM web site. By downloading material from the TEXTURELOAD.COM web site, licensee and, if applicable, purchaser, agrees to all the terms of this agreement and confirms that it has capacity to form a contract under its local laws.
PLEASE READ THIS LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY. This Agreement between you and TEXTURELOAD.COM (“we” or any another first party pronoun), owner of the TEXTURELOAD.COM website, governs the terms by which members of TEXTURELOAD.COM obtain the right to use graphics, video clips, audio tracks, photographs and other media content (“stock files”) that are made available for download through TEXTURELOAD.COM (the “site”, “web site”).
BY DOWNLOADING OR USING ANY STOCK FILES FROM THE SITE, YOU REPRESENT THA T YOU: (I) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (II) ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TEXTURELOAD.COM, THE OPERATOR OF THE SITE; AND (III) HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY, AND TO BIND THAT COMPANY TO THIS AGREEMENT. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE CUSTOMER WHEN YOU REGISTERED ON THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE ANY STOCK FILES.
Please note that this agreement is subject to change by TEXTURELOAD.COM in its sole discretion at any time. When changes are made, TEXTURELOAD.COM will post a new copy of this Agreement on the site. Any changes to this agreement will be effective immediately for any stock files that you have not downloaded. TEXTURELOAD.COM may require you to provide consent to the updated agreement in a specified manner before further use of the site or the stock files is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the site and the stock files. Otherwise, your continued use of the site or stock Files constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN- CURRENT AGREEMENT.
§1: Grant of Rights
Any download of a stock file is a license, not a sale. Subject to the terms of this agreement and your compliance with this agreement, TEXTURELOAD.COM hereby grants to you, an individual user (not a business entity), a limited, non-exclusive, non- transferable, worldwide right to use any stock file you download solely as incorporated into a work with substantial value added by you such that the transformed or derivative work is not recognizable as the stock file nor is the stock file capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a “derivative work” for the purposes of this Agreement).
As long as you meet the foregoing restriction, you may use the stock files in nearly any project, including feature films, broadcast, commercial, industrial, educational video, print projects, multimedia, games, and the internet. When we use the phrase “non-transferable,” we mean that except as specifically provided in this agreement, you may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone, the stock file or the right to use the stock file. TEXTURELOAD.COM reserves the right to withdraw stock files from the site at any time, for any reason.
The stock files may not be:
- sold, licensed or otherwise distributed on a stand-alone basis, as a stock file, shared with any non-licensed individuals including, but not limited to, colleagues or clients, or included in any other media or stock product, library, or collection for distribution or resale;
- used, in part or in whole, as a trademark or service mark, nor may you claim any proprietary rights of any sort in the Stock Files, or any part thereof;
- made available on a web page or other display as a separate or downloadable reusable file; or
- disassembled, decompiled, reverse engineered, translated, or otherwise decoded.
You may however, transfer Stock Files to a third party for the sole purpose of causing such third party to produce or manufacture derivative works subject to the terms and conditions herein.
If you provide Stock Files to a client as part of your work product, the client may not reuse the stock files for any purposes other than a review of your work product without purchasing a separate license.
Where Purchaser is licensing Licensed Material on behalf of a Licensee, Purchaser hereby represents and warrants that:
- Purchaser is authorized to act as an agent on behalf of Licensee and has full power and authority to bind Licensee to this Agreement; and
- if Licensee subsequently disputes such authority, Purchaser shall be bound and liable for any failure of Licensee to comply with the terms of this Agreement.
§3: Intellectual Property
No ownership or copyright in any licensed material shall pass to licensee by the issuance of the license contained in this agreement. Except as expressly stated in this agreement, TEXTURELOAD.COM grants licensee no right or license, express or implied, to the licensed material.
§4: Warranty and Limitation of Liability
TEXTURELOAD.COM DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY OR EXCLUSIVITY OR ORIGINALITY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TEXTURELOAD.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT OR OUT OF THE USE OF MATERIAL OBTAINED FROM THE TEXTURELOAD.COM WEB SITE, EVEN IF TEXTURELOAD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. BY OBTAINING ANY MATERIAL FROM TEXTURELOAD.COM THE USER AGREES TO USE SUCH MATERIAL AT ITS OWN RISK.
§5: Condition of Licensed Material
Licensee should examine all licensed Material for possible defects (whether digital or otherwise) before sending any licensed material for reproduction. Without prejudice to §4 above, TEXTURELOAD.COM shall not be liable for any loss or damage suffered by licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any licensed material or its caption or in any way from its reproduction.
§6: Miscellaneous Terms
Without prejudice to §4 above, the responsibility of TEXTURELOAD.COM can under no circumstances exceed the cost paid by a licensee for licensed material. The terms and conditions outlined in this agreement are governed by the laws of Spain. Any dispute will be presented before a court in Spain.
The set of rights conferred to TEXTURELOAD.COM by this agreement does not, in any way, create obligations for TEXTURELOAD.COM. These rights may be applied entirely at the discretion of TEXTURELOAD.COM.
If one or more of the provisions contained in the agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.