The following Terms of Service ("TOS") is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and RF-Photography (as such term is defined in Part II below) and sets forth the rights and obligations with respect to any Content licensed by you.
Please revisit this Terms of Service when you purchase any Content licenses. RF-Photography reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, RF-Photography will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your RF-Photography account, an announcement on this page, your login page, and/or by other means. Modifications to this TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound to the TOS as modified.
THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT. NO OTHER PERSONS (INCLUDING EMPLOYEES, CO-WORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT LICENSED THROUGH YOUR ACCOUNT.
"Content" means all downloadable content available for license from the RF-Photography website.
"Image(s)" means Film Scans and Digital SLR photographs, and the like.
"Editorial" means Film Scans and Digital SLR photographs appearing under the RF-Exhibits website.
"Visual Content" shall refer collectively to Editorial, Images, and Footage.
PART I – VISUAL CONTENT LICENSES
RF-Photography hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce Visual Content worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:
STANDARD IMAGE LICENSE cover images being used for:
- Used in creation of original digital art
On-line publications and marketing
Web and app advertising
Small film, TV productions or ads with a budget under $8K
Printed materials, including product packaging, with less than 500K total prints
For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)
EXTENDED IMAGE LICENSE grants you the right to use Images (which rights are in addition to 1-5 above and exclusive to Extended Image Licenses):
For larger print projects or web consumption, the Extended License is required. With this license, you have the same rights as with the Standard License, but no restrictions on the budget or number of print reproductions. Some additional uses granted with this license are:
Merchandise for promotional or retail use
Use within digital templates
Decoration for business or commercial space
If the Standard or Enhanced Image licenses do not grant the rights you require please contact us here.
RESTRICTIONS ON USE OF VISUAL CONTENT
YOU MAY NOT:
Use Visual Content other than as expressly provided by the license you purchased with respect to such Visual Content.
Use any Visual Content in a pornographic, defamatory, or deceptive context, or in a manner that could be considered libelous, obscene, or illegal.
Resell, redistribute, provide access to, share or transfer any Visual Content except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying Content as, or as part of, a "gallery" of content through which third parties may search and select from such content.
Use Visual Content in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
Use any Visual Content (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.
Falsely represent, expressly or by way of reasonable implication, that any Visual Content was created by you or a person other than the copyright holder(s) of RF-Photography.
CREDIT AND COPYRIGHT NOTICES
The use of Images in connection with news reporting, commentary, publishing, or any other "editorial" context, shall be accompanied by an adjacent credit to RF-Photography in substantially the following form:
In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.
PART II - ADDITIONAL TERMS
Except when required by law, RF-Photography shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable. You authorize RF-Photography to charge you all license fees for the duration of the term agreed to at the time of purchase. In the event that RF-Photography determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase.
Upon notice from RF-Photography or if you learn that any Content is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which RF-Photography may be liable.
If you use any Content as part of work product created for or delivered to a client or customer, you will disclose the identities of such clients or customers to RF-Photography, upon RF-Photography's reasonable request.
This TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. This TOS is governed by and shall be construed in accordance with the laws of the applicable jurisdiction set forth in this Section, without respect to its conflict of laws principles.
If you are entering into this TOS 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 RF-Photography for any breaches of the terms of this TOS.
The number of Content downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.
Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase.
If any individual term of this TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect.
You expressly agree that any feedback provided to you by RF-Photography or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder, is solely for the purpose of interpreting this TOS and is not legal advice. RF-Photography cannot render legal advice to you and expressly disclaims any liability of any kind related to any feedback provided by RF-Photography or its representatives.
It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.
In the event that you breach any of the terms of this or any other agreement with RF-Photography, RF-Photography shall have the right to terminate your account without further notice, in addition to SRF-Photography's other rights at law and/or equity. RF-Photography shall be under no obligation to refund any fees paid by you in the event that your account is terminated by reason of a breach.
Except as expressly set forth in the applicable license and warranties sections herein, RF-Photography grants no rights and makes no further warranties. RF-Photography only has model or property releases where expressly indicated on the RF-Photography website.
RF-Photography's liability under any individual license purchased hereunder shall not exceed the "Limit of Liability" applicable to the license in effect at the time you know or should have known of the claim, and is without regard to the number of times the subject Content is licensed or used by you.
Except as specifically provided in Part IV hereof, in no event, will RF-Photography's total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the RF-Photography websites and/or Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by RF-Photography from you for the applicable Content license.
Neither RF-Photography 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 Content, RF-Photography's breach of this agreement, or otherwise, unless expressly provided for herein, even if RF-Photography has been advised of the possibility of such damages, costs or losses.
Except as expressly set forth in Part III, all Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.
RF-Photography does not warrant that the Content, RF-Photography 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 Content is solely with you.
In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting RF-Photography, RF-Photography will promptly file a complaint with www.ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.
• Insolvency or Bankruptcy Proceedings. The License will terminate immediately if you a) enter into voluntary or compulsory liquidation, b) have a receiver appointed or c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Content shall constitute an infringement of copyright.
• No Variation of Terms and No Waiver. No variation of any of these Terms shall be effective unless in writing and signed by RF-Photography and you. No action of RF-Photography, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that RF-Photography waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.
• Should any clause of this Agreement be found illegal or enforceable, that will not affect any other clause and each will remain in full force and effect.
• Governing Law. This Agreement, its validity and effect shall be interpreted under and governed by the laws of the State of California and be subject to the exclusive jurisdiction of the Unite States courts. If RF-Photography is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify RF-Photography in respect of all reasonable legal fees and costs incurred by RF-Photography in relation thereto.
EFFECTIVE DATE: March 15, 2021