Terms and conditions Content License AgreementLast Update 25/05/2018
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SIME srl a socio unico HEREIN NOW REFERRED TO AS SIME.
PLEASE READ CAREFULLY THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). BY CLICKING ON THE " I AGREE TO THE TERMS AND CONDITIONS " BOX AT THE TIME OF REGISTERING OR BY CONTINUING TO USE THIS SITE OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
All of the text and the copyrights tothe Images on this SIME web site are owned by the individual photographers who created the Images and/or SIME. The general design, text and Images of this web site are protected by copyright, trademark and other laws relating to intellectual property rights. All rights are reserved: you are prohibited from downloading, copying, distributing, selling or using content in any way or for any purpose without the express written consent of SIME.
You agree to furnish accurate information when registering with SIME. You are responsible for maintaining the confidentiality of your username and password. You agree to take reasonable steps to prevent others from obtaining your access information and to notify SIME of any unauthorized access or need to update or remove access for any of your employees or agents. You will be liable for payment for all Images downloaded by others, with or without your permission or knowledge prior to the time that you notify SIME of any unauthorized use.
- 1. COPYRIGHT
- All Images on the SIMEPHOTO.COM are copyrighted. SIME and its Photographers own all rights to the Images. All rights not specifically granted to you by this agreement are reserved. Your rights to reproduce an Image is subject to the restriction set forth in this agreement, and is conditioned upon full payment of the license fee prior to your reproduction of the Image. No ownership interest or copyright in any Image shall pass to you by download of an Image or by granting the license to reproduce an Image.
- 2. COMP/PERMITTED USAGE
- SIME grants you a personal, non-exclusive, non-transferable, right to copy the Images you have selected onto your computer hard drive or disk and to use the Image and any derivative works or copies, on one computer and with one user at a time for no longer than 60 days. The Image may only be copied, modified and incorporated in materials for comprehensive layouts ("Comps"). The Comps can only be used as in-house presentations, story boards, or rough draft designs for yourself or your clients. Other than the comp usage, Images may not be used in any way until an invoice indicating your rights to use the Image is paid in full. Unless otherwise specifically stated, Images remain the property of SIME and/or its photographer. You do not acquire any right, title or interest in or to any Image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made there from other than as specified herein.
- 3. IF YOU ORDER/PURCHASE AN IMAGE USING THIS WEB SITE, THEN THE "LICENSE AGREEMENT TERMS AND CONDITIONS" WILL ALSO APPLY TO YOUR USAGE RIGHTS FOR THAT IMAGE.
To obtain reproduction rights for Images not available for hi-res delivery on this web site and more information, please contact our local office.
SIME grants you the non-exclusive, non-transferable, one-time right to use the Images according to the rights selected and indicated on the "Order" menus filled out by you during the licensing process and confirmed by you in the "Detailed Order". SIME's Invoice with the License Agreement for the Image (s) will set forth the details of your order and conditions of use. License is limited to the usage, period of time, print run, size of Image, territory and other restriction specified in the invoice.
Unless otherwise agreed, use of any Image is strictly limited to one (1) year from the date of invoice.
To obtain exclusivity rights for an Image, please contact a SIMEPHOTO Sales representative.
Full credit and copyright information MUST remain with the digital file when saved onto your hard drive.Credit line
Editorial use of Images must be accompanied by the following credit line: copyright: Photographer/SIME. No additional usage, reuse or new use in any form may be made of any Image without first contacting SIME to purchase additional rights.Promotional and advertising uses
For any promotional use of the Image you agree to specify in the "Order" menus the product industry of the product or service you are going to promote with the Image. Please read carefully the "Final Order" and the "Restriction" field next to the selected Image(s), if any, before continuing the licensing process online. Use of the Image beyond the restriction, if any, is absolutely prohibited without first obtaining a written license by SIME. It is your responsibility to check if the selected Images are limited by restriction and you specifically indemnify SIME in any lawsuit that is a result of your usage of the Image.Payment
Unless you prepay by credit card, all invoices are payable within thirty (30) days. No usage rights shall be granted until payment in full is received by SIME.Refund policy
You have seven (7) days, from the original purchase date, to cancel the license for obtaining a refund, but you will be charged a Euro 50 transaction fee. After 7 days there is no refund and the purchase is considered final. For any questions please contact us.Cancellation policy
When licensing Image reproduction rights via the online pricing and purchase function of this web site: you authorise SIME to charge you for the selection of Images and accept the terms stated in this agreement when you click "Confirm Order" in the step entitled "Order Confirmation". If you cancel rights granted in the invoice within seven (7) business days from the date of the invoice, you will be charged a Euro 50 administration fee. After seven days, no cancellation will be accepted and the full amount of the invoice must be paid.
- 4. MODEL RELEASES / GENERAL RELEASE INFORMATION
- You may NOT rely on model releases or other releases for any Image unless these releases are expressly acknowledged by SIME IN WRITING. If SIME erroneously advised you that an Image is released when it is not, SIME's liability shall be limited to the amount you paid SIME for the Image. You agree to indemnify SIME against all claims arising out of the use of any Image where the existence of a release has not been expressly acknowledged IN WRITING by SIME. SIME makes no representation or warranty with respect to the right to use names, content, Images, trademarks, logotypes, designs or art depicted in any Image. You or your client MUST satisfy itself that all necessary rights, consents or permissions that may be required for reproduction are secured from the appropriate party.
Informative Briefing (pursuant to Italian law no. 196/2003 and EU ruling UE 2016/679, the General Data Protection Regulation (GDPR) enacted 25 May 2018 ) SIMEPHOTO.COM website requires that you enter common personal data, used by SIME, for the purpose of running operations for licensing Image reproduction rights.We inform the user that the data collected will be used pursuant to and in compliance with what is set out by EU ruling UE 2016/679, the General Data Protection Regulation (GDPR) enacted 25 May 2018, and will be handled with automated and manual tools in order to guarantee security and confidentiality. The data collected will be transmitted to subjects to whom the transfer of this data is necessary, practical and instrumental for the licensing operation to be run. The data collected will not be subject to widespread transmission on the part of SIME. By clicking on the " I agree to the terms and conditions " box at the time of registering or by continuing to use this site you allow SIME to use your personal data.Cookie Low This site uses different types of cookie: Technical cookies that allow you to proceed through the pages of a website with a single login, and they remember your language choice from page to page and selections in forms that are filled out on the website. These cookies are only stored on your machine/device temporarily and automatically erased when you close your browser. These so called session cookies are used to map your online behaviour during a visit to the website. We can also store cookies that remain stored for a longer period of time (permanent cookies). With permanent cookies your machine/device can be recognized the next time you visit the website. These cookies enable us to adjust the website to your preferences. Since your preferences are already set, your next visit will be less time-consuming and more agreeable.
- 6. RESTRICTIONS AS TO USE OF IMAGES
Use of the Image beyond the terms of the limited License Agreement without first obtaining an additional license is absolutely prohibited. You may not use the Image in any manner that is defamatory, whether directly or in context or juxtaposition with specific subject matter. You may not use any Image in connection with any potentially sensitive issue including but not limited to, sex, pornography, contraception, abortion, sexually transmitted diseases, mental or physical abuse, domestic violence, physical or mental challenges, illness of any kind, prostitution or phone call centers, dating services, AIDS, substance abuse, alcohol, tobacco, cancer or possible defamation or disparagement of character or product. Under certain circumstances "Sensitive issue releases" may be available for an Image and that release may allow licensing providing written consent is attained directly from SIME or from one of its Photographers. It is your responsibility to determine if that release is sufficient for your use and you specifically indemnify SIME, its employees, assigns and contributors in any lawsuit that is a result of your usage of the Image.
Archiving, republishing or transmitting any Images on any database without SIME's prior written consent is prohibited. No Copying or publishing any of the Images to a network or bulletin board or otherwise distributing or allowing any of the Images to be distributed to or used by anyone other that the authorized users, without prior written consent from SIME.You may not sublicense, rent or lease any of the Images. You may not use the Image in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter. Shipping, transferring or exporting any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations without SIME's written consent. User assumes full liability for its employees, agents, assigns and freelance or contract staff for the misuse of any Images displayed on this web site.
- 7. WARRANTIES
- The information provided is "as is" with all faults and without warranty of any kind, expressed or implied, including those of merchantability and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. SIME makes no warranties or representations regarding the accuracy or completeness of the information. SIME nor its photographers shall be liable to you for any general, special, direct, indirect, consequential, incidental, or other damages arising out of the rights granted herein.
- 8. LIMITATION OF LIABILITY
- Under no circumstances will SIME or its photographers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use of or inability to use the Images or (b) the inability to obtain additional rights to the Images (including making additional copies) even if SIME has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the Image, their representative, and SIME shall be the fee paid for the Image to SIME.
- 9. INDEMNIFICATION
You agree to indemnify and hold SIME and its Photographers harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement. You are responsible for loss or damage to the Image(s) delivered to you from the time of receipt until their return to SIME.
You are responsible for the safe delivery and return of the Images and you indemnify SIME against loss or damage to the Images in transit or while in your possession. This agreement is not considered a bailment and is specifically conditioned upon the items delivered being returned to SIME in the same condition as received.
You assume an insurer's liability herein for the safe and undamaged return of the Images You have (2) two working days upon delivery of Images to report in writing to SIME of any damage to the Images, If no written correspondence has been received within the two days, you are solely responsible for the loss or damage to the Images and will reimburse SIME the agreed upon reasonable sum of $250 per dupe or digital scan and $1500 per original Image. You acknowledge that SIME must be advised in writing of any re-use or extended use prior to each release or publication.
- 10. RETENTION AND RETURN OF DIGITAL FILES AND OTHER MEDIA
- Digital files may be retained for sixty days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under the License Agreement. Film and or prints must be returned within 30 days of receipt. Failure to return original or dupe film, subjects you to damages.
- 11. GOVERNING LAW
The interpretation of this Agreement shall be governed by the laws of Italy. Any and all disputes arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, copyright claims, performance and breach hereof, shall be settled by arbitration in Treviso, Italy pursuant to the rules of the Italian laws.
If SIME is caused to present claims or suit to you as a result of any breach of the above terms set forth, you will be required to pay all of SIME costs and expanses incurred including SIME's reasonable legal fees or cost.
- 12. OWNERSHIP OF SITE AND ITS CONTENTS
This Site is owned by:SIME srl
via XXIV maggio, 120
I - 31015 Conegliano TV - Italy
TEL +39 0438 402581
C.F/P.IVA/Reg. Imp. IT03844270268 - Rea TV 303012 - Cap. Soc. E100.000,00 i.v.
All of the content featured or displayed of this site, including, but not limited to, general design, text, graphics, data, photographic images, moving images, sounds, illustrations, software is owned by SIME.
All elements of the Site, including the Content are protected by copyright, trademark and other laws relating to intellectual property rights.
All rights are reserved: you are prohibited from downloading, copying, distributing, selling or using content in any way or for any purpose without the express written consent of SIME.
- 13. CHANGES TO SITE TERMS
- SIME reserves the right to change any of the terms and conditions contained in the Terms and Conditions of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.