This agreement is between you (the client) and us (the image supplier). By receiving or downloading any Image(s) (including previews and thumbnails), you agree to all terms in this Agreement unless you notify us otherwise within 5 days.
Special Notes for Book Publishers:
Our images are Rights-Managed. The standard license we grant to book publishers covers a single use for a specified time, format, territory, and print run.
You may not use our images until:
1. A license and fee have been agreed upon with us.
2. An invoice has been issued and payment is due.
Further licenses and fees are required for any uses beyond the original terms, such as:
– Increased or extended print runs.
– Extended license term.
– Re-releases, reprints, or second rights (e.g., book re-released in another format, such as paperback, ebook, or audiobook).
– Advertising or promotional uses (brochures, TV, websites like Amazon).
– Selling rights to third parties, even within the same publisher group (e.g., overseas or audiobook rights).
Second Rights:
Discounted fees are available for multiple formats licensed together. However, if additional formats are licensed separately at a later time, they may incur higher fees.
Cancellation Policy:
You may cancel within 30 days of receiving the original invoice. After that, a cancellation fee may apply.
AGREEMENT OVERVIEW
Definitions:
– “Agreement”: All terms in this document, including terms from your Invoice.
– “Digital Image”: Any image displayed or stored using digital technology.
– “End User”: The ultimate recipient of the image(s).
– “Image”: Any image selected for licensing.
– “License”: The rights granted under Clause 3.
– “License Fee”: The amount due for the license.
– “We,” “Us,” or “Eva Mutter”: The image supplier, Eva Mutter.
– “You”: The client.
Digital Delivery of Image:
By creating an account or downloading an image, you accept all terms of this Agreement.
Grant of License:
Upon payment of the License Fee, we grant you a non-exclusive, non- transferable license (exclusive license may be available upon request) to use the image(s) as outlined in the Invoice, for the specified duration and territory.
– If the license is exclusive, it only applies to the specific image, not similar images or outtakes.
– The license is limited to one size, one edition, one publication, and one medium, unless specified otherwise.
– Digital use is separate from physical use, and vice versa. For example, a license for print does not cover e-books.
You cannot grant sub-licenses or sub-contract any part of the licensed rights without our written consent, except for freelance designers who may sublicense for production purposes.
Rights Reserved:
We retain all rights to the images that are not explicitly granted to you in this Agreement. If we believe your use infringes on third-party rights, we may require you to stop using the image(s) or terminate the Agreement.
Restrictions:
You must comply with all applicable laws when using the images. You cannot use the images for:
– Logos, trademarks, or service marks.
– Creating derivative works without prior written consent.
– Presentations, comps, or slide projections unless agreed upon.
– Multiple reproductions within a single work unless agreed upon.
– Pornographic, offensive, or unlawful purposes.
Images may not be used in social media or file-sharing sites unless agreed in writing. You also cannot use images for mobile websites or apps unless we provide prior consent.
Digital Rights Management:
You must secure the images to prevent unauthorized use and may only store one backup copy. When the license expires, you must delete all copies.
Credits:
Unless otherwise specified, you must credit us as indicated. Failure to include credit will incur an additional fee of 50% of the original invoiced amount.
PAYMENT TERMS
– No image may be reproduced until full payment is received.
– Invoices are due within 30 days, unless otherwise stated.
– All amounts are exclusive of VAT, which shall, where applicable, be paid by you at the prevailing rates on the due date for payment and on receipt of a VAT Invoice from us.
Audit:
You must keep detailed records of all image use to allow us to verify compliance. We may inspect your records with 10 days’ notice.
Indemnity:
You agree to indemnify us against any claims or damages resulting from unauthorized use of the images or breach of the Agreement.
Termination:
We may terminate this Agreement if you fail to pay, breach terms, or cease business operations. Upon termination, the license ends, and you must delete all copies of the images.
