Standard License Agreement
(effective July 1, 2016)
This document ("Extended License Agreement") is very comprehensive. Read this document (the "Agreement") very carefully. If something should be unclear, please contact us via the contact form. This agreement (the "Agreement") is binding for the individual Rayk Böhm, hereinafter referred to as "Swoozo", and every member who downloads content (hereinafter "works") in the form of photos, vectors, videos, sounds (audio files) or other media content from this website. You hereby accept and agree that you are bound by this Agreement and that this Agreement (Standard License Agreement) applies to each work that is downloaded from this website.
No saleYou hereby accept and agree that no sale of works takes place through this Agreement. All rights to works are solely granted to the member by sublicense (see next section). The downloading member shall have no rights or claims to works, of works, no ownership rights to works, no copyrights and/or other intellectual property rights.
Sub-licenseIn accordance with the provisions of this Agreement (Standard License Agreement), Swoozo hereby grants to the downloading member a non-transferable sub-license that is unlimited in time and in terms of circulation. The sub-license allows the downloading member to use, duplicate and edit the downloaded works for personal use, training purposes, teaching purposes, or in conjunction with a business operation. The downloading member has no right to sell or commercially distribute the copyrighted work. The downloading member is allowed to use the downloaded works for freely distributed promotional materials (for example, advertisements, brochures, flyers and/or similar promotional materials). The downloading member is not permitted to grant further sub-licenses. The downloading member may transfer works to third parties (e.g. to print shops) within the normal course of business. These third parties and/or other subcontractors have no further right to use the works and may not use the transmitted files (works) for other purposes. The downloading member pays Swoozo a sub-license fee for each downloaded work. The sub-license fee must be paid before the option to download is exercised. The electronic use of downloaded works (e.g. for websites) is limited to the size of the file that was downloaded from this website. Note: Please note that, subject to the above-mentioned restrictions, this sublicense is intended to allow the use, reproduction and display of works in or for a business/commercial environment as an illustration (but not as a logo within the meaning of a word mark or a figurative mark) for a business, exhibition at a work location, on promotional materials, and for similar purposes. The right to use the work may be transferred only to a single third party if the transfer occurs in the scope of implementation of a customer project, such as by an advertising agency, or under similar circumstances. Multiple use in projects of different customers/clients is not permitted. In this case, another license must be acquired for each customer. If the use of a work violates these terms and conditions or other agreements and provisions of www.swoozo.com, Swoozo has the right to demand the cessation of any additional use of the affected work(s) and/or the deletion of the work(s). In the event of violations, the downloading member must immediately follow such instructions by Swoozo.
Limitations on UseYou (the downloading member) hereby accept, agree and warrant that you (the downloading member) are not entitled to: (1) The use, distribution, reproduction or display of works in connection with design templates intended for resale. (2) The sublicensing, sale, assignment or transfer of any rights under this contract to third parties (3) Providing the work (e.g. in databases) so as to allow third parties to download or extract the work in another form (4) Make the work publicly accessible, for example in a downloadable format (5) Post the work on forums or boards, provide the work for distribution through mobile devices (e.g. cell phones) (6) Integration into electronic templates whose use allows for the provision of electronic or printed products in multiple editions (7) Save the work on more than one computer at a time (except for a backup copy) (8) The use, distribution, reproduction, distribution or display of the work in connection with merchandise, items, products or services intended for resale or distribution (9) Use of any form of slander, libel, insults, or using language in an obscene, offensive manner (10) Use of the work in trademarks, logos, design patents, company logos or service marks (11) Remove the notice of copyright, trademark or other intellectual property rights (including backup copies) (12) Use in connection with the work that violates the rules, laws or regulations in any applicable jurisdiction (13) Use of the work in the editorial or journalistic context without making the following copyright statement in the image, in the imprint or in dedicated credits: "©/copyright [alias or name of photographer] - www.swoozo.com" (14) Use in conjunction with works that infringe on intellectual property or other rights of any person or entity (15) Use of the work for pornographic, sexist, defamatory, racist, or religiously offensive representations
FeesThe sub-license fee must be paid before the option to download is exercised. If the work is not published or used, Swoozo is not obliged to provide a return or refund the license fee.
Preservation of rights /ownershipThe downloading member accepts and agrees that all rights and claims on the downloaded work remain with Swoozo and/or the licensor. This does not include the rights and entitlements granted in this Agreement. The downloading member accepts and agrees that no rights or property rights to/for the downloaded works are transferred under this contract.
Guarantee / AssuranceSwoozo and the downloading member hereby grant and warrant that they are authorized to enter into this Agreement.
CompensationThe downloading member accepts and agrees: to indemnify and defend Swoozo and their representatives, licensors and licensees (collectively, the "indemnitees"), with respect to all claims, expenses (including all legal fees and court costs) or other liability cases resulting from the violation of any declarations, agreements, guarantees or obligations under this Agreement by you and from any use of this website (including through your membership account and access data/user data, regardless of whether such use is authorized by you or not, or of whether such use is intentional), including claims or complaints resulting from the infringement of intellectual property rights, libel or other offenses, infringement of the right to the use of personal images, infringement of the right of individuals to privacy, the distortion or alteration of works or other content. Swoozo has the right to appoint lawyers of its choice, at its sole discretion, in the event of disputes, complaints (or responses to complaints) or other claims which are subject to indemnification by you.
Disclaimer and Limitation of LiabilityThe downloading member accepts and agrees that Swoozo generally does not have authorization for representations of private (non-public) property from designers or manufacturers of commercial products (e.g. automobiles, ships, aircraft, packaging of products, trademark protected clothing or designer goods, etc.), which may be depicted in some works. Purchasing/obtaining the necessary authorization is the responsibility of the downloading member. The downloading member accepts and agrees that neither Swoozo nor its agents, licensors or licensees are liable for consequential damages (accidental, direct or indirect) resulting from the use or non-use of downloaded works. The downloading member accepts and agrees that Swoozo does not generally have the authorization to use trademarks, brand names, logos, company logos, or names in any form, or any other intellectual property of any third party that may be displayed in downloaded/uploaded works. Purchasing/obtaining the necessary authorization is the responsibility of the downloading member.
Limited WarrantySubject to the terms and conditions set forth in this Agreement, including the provisions on the limitation of liability in the disclaimer and limitation of liability clause (above), Swoozo assures that, despite contravention of the terms of the disclaimer and limitation of liability clause (above), the use of an unaltered work by the downloading member in accordance with the terms of this Agreement shall not infringe any intellectual property rights, publication rights or third party rights, and that all necessary model and property authorization (releases) is available with respect to the unmodified work. Purchasing/obtaining any necessary authorization (releases) is the responsibility of the uploading member.
Copyright InformationIf an acquired work is used in mass media (published in a blog or a website, in a magazine, in a newspaper or on television), a copyright notice must be displayed next to the work. This notice must include the following text: "©/copyright [alias or name of photographer]- www.swoozo.com".
Editorial use onlyWorks which are marked with "For editorial use only" are sold under a limited standard license and are prohibited for commercial use and advertising. These works may include, for example, images of people without authorization by the models, private property, well-known brands, and other proprietary elements which Swoozo may not be permitted to advertise or use in a commercial manner.
Contract duration / terminationThis Agreement (Standard License Agreement) is concluded for an unlimited period of time, unless it is terminated in accordance with this section. Swoozo has the right to terminate this Agreement at any time without providing any reason, or for any of the following reasons (non-exhaustive list): any breaches, non-compliance with obligations, warranties, provisions or policies of this Agreement by the downloading member. The downloading member may also terminate this Agreement at any time. Any termination/cancellation of this Agreement by Swoozo or by the downloading member shall be communicated to the other party. The downloading member accepts and agrees that Swoozo has the right to refuse/deny the downloading of a work from this website (www.swoozo.com). Upon termination/cancellation of this Agreement (Standard License Agreement) for a work or several works by the downloading member, he/she is obligated to do the following: - discontinue, with immediate effect, use of the affected works - make the work and, if applicable, any backup copies of the work, unusable (for example, by deletion) - remove the work and, if applicable, any backup copies of the work, from his/her possession, computer systems and storage systems (physical or electronic), and to ensure that all customers, business partners and clients of the downloading member do so as well - cease use of the work and render unusable all copies of the work, as well as all derivatives of the work and related materials in his/her possession or under his/her control The termination/cancellation of this contract does not release the downloading member from payment obligations that may have arisen before such termination/cancellation. The provisions in the sections "No sale", "Preservation of rights/ownership", "Guarantee/assurance", "Compensation", "Disclaimer and limitation of liability", "Limited warranty", "Termination/cancellation of contract", "For editorial use only" and "Other provisions" shall continue to apply after termination of this Agreement. The downloading member must assure Swoozo in writing of having rendered the works and/or associated materials unusable upon request by Swoozo.
Other provisionsThis license agreement is subject exclusively to the substantive law of the Federal Republic of Germany, with the exception of the UN Agreement on the International Sale of Goods. The contractual relationship between the user and Swoozo shall be governed by the laws of the Federal Republic of Germany. Where permissible, the court of jurisdiction is Berlin. If the user is a merchant within the meaning of the German Commercial Code, a legal person of public law or a public-law fund or if the user has no general jurisdiction in the Federal Republic, the parties hereby agree that Berlin is the court of jurisdiction for all disputes arising from the use of this website (www.swoozo.com). Swoozo is entitled, at its sole discretion, to assign any right or obligation or all its rights or obligations under this Agreement. The uploading member is not authorized to assign his/her rights or obligations under this Agreement. Whenever appropriate, the singular shall be taken to include the plural and vice versa, and the masculine, feminine, and neutral gender encompasses the other sexes.
Note: The original, legally binding version of this document is written in German and the translations into other languages are only for the convenience of non-German speaking users. If there are any inconsistencies between the German and the translated versions, the German version shall supersede the translated version.