HOsiHO License Agreement and Terms of Service
Note that the images proposed by HOsiHO are not sold; only a user license is granted for one project, giving permission to reproduce and / or represent as defined below.
The general conditions of the license confirm a contract between the parties and apply to licenses granted by internet / dvd / ftp and digital support provided by HOsiHO.
In the absence of acceptance of these terms and conditions by the licensee, the latter cannot order nor exploit the images.
The image with the license obtained through internet / dvd / ftp and other digital media cannot be returned or refunded.
The download and use of these images indicates you have accepted these terms and conditions.
The acceptance of these terms by an employee for his employer has the effect of subjecting the employee and the employer to all the conditions governing the license and the related restrictions and limitations.
The employee acting on behalf of his employer guarantees HOsiHO hold the powers and authority necessary to present the name and on behalf of his employer.
The employee agrees not to use images and files obtained from HOsiHO for the benefit of other persons or companies without a new license to be issued by HOsiHO.
All the images held by HOsiHO are protected by copyright, all rights attached therein belonging to authors and licensors.
The authors and licensors retain all non-specifically recognised licensee rights.
Authors retain their moral rights to their images and the sale of a license to the licensee does not constitute a waiver by the author to his or her moral rights. Only the economic rights of the author are the subject of a transfer of license.
The right to use the images distributed by HOsiHO is conditional to the full payment of the amounts due under the license and by the restrictions set forth by these terms.
I. ORDERING ON THE INTERNET
All the steps necessary for placing order on the websites of HOsiHO:
1. Cart: complete
2. Customer registration on the site
3. Acceptance of Terms and exploitation license
4. Secure payment by credit card, PayPal or SCT
5. Sending a download link after receipt of payment
6. Download / images chosen by the customer
7. Invoice Issue
II. GENERAL RESTRICTIONS FOR ALL LICENSES:
Two different types of Licences are available: the Right-Managed (RM) and the Royalty-Free (RF) Licences.
Scope of rights granted for the Right-Managed (RM) and the Royalty-Free (RF) Licences is :
Subject to full payment of the license fee as well as compliance with the terms of invoices and these Agreement, HOsiHO recognises that the licensee has a non-exclusive and non-transferable personal right to use and reproduce for personal use, commercial or not, throughout the world and for the legal term of copyright protection, still or moving image, under the following conditions:
- Project/End Use : the Licence is granted for one project/End Use. Multiple projects needs multiple Licences.
- Operation and uses media: All known supports or to be known
- Use: depending on the Licence type and its restrictions, all purposes within subsection III below
- Operating time: Legal term of copyright protection
- Size / Dimensions: Limited to the downloaded file (ascending price depending on the size and duration)
- Mandatory Credit: Yes, to be mentioned in the work "© name of the author / HOsiHO.com".
- Operating territories: Worldwide
- Adaptations / Transformations (resizing ...): Allowed
- Arrangements / Change / Corrections / Additions / Withdrawals: Allowed
- Create derivative photographic works: Unauthorised
- Create derivative audiovisual works: Allowed
- Create derivative: Allowed if substantial modification of the original
According to usage, the credit does not have to appear with the work but on a page, a section or a dedicated location.
III. LIMITATIONS OF USE
The licensee shall not use any Content that is designated as “editorial use only” for commercial purposes. The licensee is responsible of the final use of the purchased images.
The rights granted to the licensee are not assignable / transferable. Any work resulting from the use of image is strictly reserved for the use of the subscriber of the license, his employer or one of its customers, end users of that work.
The Licence is granted for one project/End Use. New projects needs the purchase of new Licences.
Licensee may assign sub-license, sell, assign, transfer, dispose of, lend or give anyone a DVD or image only when the image was included in one of the use of licenses included above.
The Licensee shall in no case be granted to a third party the right to use or reproduce the still or moving image.
The licensee hereby undertakes to take all necessary measures to prevent commercial reproduction or distribution of images by third parties.
It is forbidden to sell or license or distribute any derivative containing an image provided by HOsiHO that can be downloaded, extracted or accessed as a full file.
For example, you cannot under any circumstances sell posters or reproductions of the image.
The acceptance of these terms and conditions on behalf of an employer or as a representative of it or the end customer has the obligation to ensure:
- That the said employer or customer has authorised the subscription by the contractor for the license on behalf of and agrees to be bound by these terms and conditions,
- That images and their end use exclusively benefit the employer or client, to the exclusion of any other person, unless otherwise agreed with HOsiHO,
- That all the above terms and conditions will be met by the subscriber and his employer shall be jointly and respectively responsible for any violation of the said conditions by the subscriber's employer or the end customer.
The images may not be used for pornography, illegal or defamatory of any person or in violation of public or private rights of an individual or for purposes to divert copyright, trademark or service of any person or any company.
Any use of images in connection with a sensitive topic or contrary to public policy is in principle prohibited.
The prior written consent of HOsiHO is required for any use of images in connection with a sensitive or conveying a negative image issue, including any issue concerning sexuality, abuse of illicit or addictive substances, physical or mental abuse or diseases.
In the event that the authorisation to use an image would be suspended, such use would not be possible at any time in the future. To the extent that the law allows, the only remedy for recovery of an image by HOsiHO is at the discretion of HOsiHO, the replacement of said image with another or refund the license fees incurred in concerned image.
IV. PROHIBITED USE AND ALLOWANCES
Any use of an image or file which is not expressly permitted by these Terms or that is otherwise hereunder constitutes an infringement of copyright, allowing HOsiHO to exercise its rights and remedies under the law applicable.
The offender will be responsible for any damage caused by such violation, especially if demand for damages by a third party hereby agrees to not only repair the damage, but to discharge HOsiHO and that its subsidiaries, successors, members, officers, employees, contractors, licensors, suppliers, licensees, distributors or agents against any action for damages (including third-party) against judgments and expenses, including the costs of justice, arising from or relating to the use of files or images other than as expressly authorised herein.
V. WARRANTIES AND LIMITED LIABILITY
- It owns all rights and permissions necessary for the execution of these general conditions,
- It accepts defects in materials and maintenance for a period of 60 days following the delivery. In this case, if notified within 60 days, the customer can, at the discretion of HOsiHO, get a replacement of the picture or the repayment of price of the license for the image.
Except as provided in this section, HOsiHO does not guarantee the use of images or confer any right or interest in the use of a brand, a name, a brand clothing, decoration, art or architecture appearing on an image.
The licensee must ensure that the necessary rights and authorisations relating to the foregoing and to the intended use herein has been obtained.
HOsiHO will make its best efforts to use accurate descriptions but does not guarantee such accuracy.
HOsiHO guarantees nothing else, express or implied, including not only the image contains no errors or marketing of implied warranties.
Except for the case of legal liability that cannot be limited or excluded, HOsiHO and its subsidiaries, officers and employees shall not be liable for any direct, indirect, voluntary or not, for any loss or damage, due to use or inability to use the images, although HOsiHO was informed of the possibility of such damages, costs or losses.
At the maximum, under the use of or inability to use the images, HOsiHO is responsible only for the fees paid for licensing the aerial images in question, subject to the law.
Approaches and above warranties apply only to images and files provided by HOsiHO and not to images used in a manner contrary to what is provided for these terms.
Except as expressly provided for, any action - or no action - by HOsiHO cannot be considered a waiver hereunder.
The delay of HOsiHO in the exercise of his rights and shares in the same way as single or partial exercise of any of its rights or shares, is not an indication that HOsiHO has waivered their rights and actions.
Any waiver by HOsiHO to any of its rights or shares on any occasion cannot be regarded as an obstacle to the exercise of those rights and shares in another situations or circumstances now or in the future.
VII. NON PARTIAL VALIDITY
In the event that one of these provisions is held to be invalid, illegal or unenforceable, in every respect, the validity, legality and enforceability of the remaining provisions will not be affected and will persist with their full force and effect.
Such provisions may be revised in the limit of what is necessary for their applicability.
VIII. ENTIRE AGREEMENT
These general conditions apply to all the terms of the license agreement for fixed photography or animated video images sold under our Inclusive License outlined above to paragraph ex II, III, IV and V.
No term or any condition can be added or removed without the express agreement of the parties.
In case of difference between the terms provided in these terms and those included in a purchase order or any writing emanating from the licensee, the terms hereof prevail.
IX. TERRITORIAL JURISDICTION
These General Terms and any disputes relating thereto are subject to French law.
Apart from the above, this subsection does not prevent HOsiHO enter any competent judge to see take temporary measures or any other measure.
HOsiHO 5, bd Camille Flammarion 13001 Marseille – 33 (0) 126.96.36.199.26 – firstname.lastname@example.org
SAS with capital of 5,000€ - Siret: 799 510 979 RCS Marseille - VAT FR78799510979 – NAF 5911B