HOsiHO.com : End User License Agreement and Terms of Services
(updated on May 31th, 2020)
Note that the images proposed by HOsiHO are not sold; only an End User License is granted, 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 HOsiHO, ie the Licensor.
In the absence of acceptance of these terms and conditions by the Image Buyer, ie 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 that you have accepted these Agreement.
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 that he holds the necessary authority 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 issued by HOsiHO.
Notwithstanding anything to the contrary contained herein, the Licensee may assign this agreement provided Licensee remains secondarily liable unless such assignment is to a major or mini-major studio that assumes all of Licensee’s obligations.
All the images held by HOsiHO are protected by copyright, all rights attached therein belonging to image creators and licensors.
The image creators and licensors retain all non-specifically recognized licensee rights.
Image creators retain their moral rights for their images and the sale of a license to the licensee does not constitute a waiver by the image creator to his or her moral rights. Only the economic rights of the author are subject to a transfer of license.
The right to use the images distributed by HOsiHO is granted after full payment of the amounts due for the chosen license and by the restrictions set forth by these terms.
I. ORDERING ON THE INTERNET
Steps necessary for placing an order on HOsiHO.com website :
1. Cart: complete
2. Customer registration on the site
3. Acceptance of the End User License Agreement and Terms of Services
4. Secure payment by credit card or bank transfer
5. Download link sent after receipt of payment
6. Download / images paid by the customer
7. Invoice Issue
II. GENERAL RESTRICTIONS FOR ALL LICENSES:
Different types of Licenses (Commercial or Editorial Only), at different pricing points, are available through HOsiHO but the scope of some rights granted for all Licenses is common.
Subject to full payment of the License fee as well as compliance with the terms of invoices and these End User License Agreement, HOsiHO recognizes that the Licensee has a non-exclusive and non-transferable personal right to use and reproduce for personal use, commercial or editorial depending on the terms of the paid License, under the following conditions :
- Only one project : the image can appear in only one project (Program, Artwork, Article, etc). Multiple projects needs a License Upgrade.
- All Medias : All known medias or to be known, unless a restriction is mentionned for the paid License
- Operating time: Legal term of copyright protection
- Operating territories: Worldwide
- Use: depending on the paid License type and its restrictions (see image Licence details and limits), all listed uses within the limit of subsection III below
- Size / Dimensions: Limited to the downloaded file
- Mandatory Credit should be mentioned in the work « © name of the image creator / HOsiHO ».
- Adaptations / Transformations (resizing ...): Allowed
- Arrangements / Change / Corrections / Additions / Withdrawals: Allowed
- Create derivative stills works: Allowed if substantial modification of the original image
- Create derivative footage works: Allowed
Two types of Licenses are available on HOsiHO.com: Commercial use or Editorial use Only.
Each License has different prices depending on the field and/or the scope of allowed uses.
These allowed uses are explicitly mentioned for each image and each price in a pop-up window.
The invoice includes all of these terms that are valid License Agreement to the Licensee for the use he has chosen to pay.
At the time of payment, the Licensee is also required to indicate the following informations concerning the use of the purchased images :
- Title of the project / artwork in which the image will appear
- The type of uses (for instance : News, Documentary, Corporate, Advertising)
- Territories of uses (if not Worldwide)
- The date of release of the project / artwork
This information will be reported on the invoice and limits the scope of the license granted by HOsiHO to the Licensee.
An Editorial License always needs additional rights clearance for a Commercial use: this means that either the Licensee does the clearance of rights and/or does the post-production work to erase any recognizable unreleased Properties/People/Trademarks signs and logos. See subsection III below
According to usage, the credit doesn't 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 for Commercial purposes any Visual Content represented by HOsiHO that is designated as EDITORIAL USE ONLY if this rights clearance or post-production work is not done. An Editorial License always needs additional rights clearance for a Commercial use: this means that either the Licensee does the clearance of rights and/or does the post-production work to erase any recognizable unreleased Properties/People/Trademarks signs and logos. In such a case, the Licensee will be required to notify HOsiHO and pay the additional license due for promotional, commercial and / or advertising purposes.
The licensee is responsible of the final use of the licensed 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 license’s buyer, his employer or one of its customers, end users of that work.
The License is granted for one project/End Use. New projects needs the purchase of new Licenses or a an Upgrade of the current License, subject to quotation upon request.
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 listed 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.
Notwithstanding anything to the contrary contained herein, in the event of Licensee’s uncured material breach, Licensors sole remedy shall be limited to monetary damages at law, and Licensors shall not be entitled to injunctive or equitable relief.
IV. PROHIBITED USE AND ALLOWANCES
Any use of an image or file which is not expressly permitted by these End User License Agreement 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
HOsiHO, the Licensor, warrants that: it has all necessary rights and authority to enter into and perform this Agreement:
- it has all necessary rights and authority to enter into and perform this Agreement
- the Content will be free from defects in material and workmanship (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content or a refund of the original license fee).
- while Licensor makes efforts to use accurate caption information, Licensor does not warrant that such information is accurate.
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 CLEARANCE AND RELEASES RELATING TO THE FOREGOING AND TO THE INTENDED USE HEREIN HAS BEEN OBTAINED.
Licensee is solely responsible for determining whether Licensee’s use of any Content requires the consent of any other party or the license of any additional rights.
To avoid any doubt, no additional permissions is required from a third party regarding the ownership of the images offered by HOsiHO.
HOsiHO shall defend, indemnify and hold harmless Licensee, its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors, agents, assigns, and employees from any and all claims, damages, liabilities, cost and expenses (including attorney fees), arising out of Licensor’s breach or alleged breach of any of the provisions of this Agreement and/or any representations and warranties made by HOsiHO.
Licensee agrees to defend, indemnify and hold HOsiHO and its parent, subsidiaries and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys' fees and costs), arising out of or as a result of claims by third parties relating to Licensee's use of any Content outside the scope of this Agreement or any other breach by Licensee of this Agreement.
In any event, neither party's liability to the other shall exceed the fees payable under this Agreement.
HOsiHO may not terminate this agreement unless it has provided Licensee with prior notice in writing of any alleged breach and If Licensee fails to remedy the breach complained of within thirty (30) days of Licensee’s receipt of such notice.
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.
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 its 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 waived their rights and actions.
Any waiver by HOsiHO to any of its rights or shares on any case 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 End User License Agreement and Terms of Services apply to all the terms of the license agreement for still photography or video images sold under HOsiHO Licenses 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 End User License Agreement and Terms of Services 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, FRANCE – +33(0)18.104.22.168.13
Siret: 799 510 979 RCS Marseille - VAT FR78799510979 – NAF 5911B