Royalty-Free Images "Content License Agreement"

§1 Scope and Types of Licenses

All content purchased from Proxima Studio is subject to this “Content License Agreement”, which applies to all purchases made by you as an individual or as a company/entity on whose behalf you are entering into this agreement. It defines the rights and obligations regarding all licensed content.

1.1 Standard License

The “Standard License” grants you a non-exclusive, non-transferable, and perpetual right to use the content worldwide:
1.1.1 For personal, non-commercial use.
1.1.2 On websites, in applications, online advertisements, social media, mobile advertisements, software, e-cards, e-publications, email marketing, online media, and online video sharing services such as YouTube and similar.
1.1.3 In low-budget films, TV shows, commercials, or other similar productions, provided that the budget for any such production does not exceed $10,000 USD.
1.1.4 On labels and packaging of physical products, billboards, headers, business cards, surfaces of CDs and DVDs, in newspapers, books, and magazines, provided that the content is not reproduced more than 500,000 times in total.

1.2 Extended License

The “Extended License” grants you a non-exclusive, non-transferable, and perpetual right to use the content worldwide:
1.2.1 In any way permitted by the “Standard License”, without any limitations on the number of reproductions or budget.
1.2.2 On merchandise for sale or promotional distribution, including textiles, artwork, magnets, wall art, calendars, toys, stationery, greeting cards, or other similar reproductions.
1.2.3 In digital templates intended for sale or distribution.

§2 Restrictions

You are prohibited from:
2.1 Displaying, using, or reproducing the content in an unlawful manner or in a way that a reasonable person would consider to be pornographic, defamatory, obscene, or otherwise inappropriate.
2.2 Depicting any person in the content in an unlawful manner or in a way that a reasonable person would consider to be pornographic, defamatory, obscene, or otherwise inappropriate.
2.3 Claiming to be the creator of the content or presenting yourself as the photographer.
2.4 Selling, sublicensing, assigning, conveying, sharing, or transferring any content, in whole or in part, or any associated rights to any person or entity.
2.5 Using the content to create fake online profiles (on social media, dating apps, or any similar online platform), implying that it belongs to the person depicted in the content.
2.6 Using the content in political campaigns or on political materials, implying that any person depicted in the content personally endorses a political stance.
2.7 Incorporating the content into a trademark, design mark, service mark, trade name, business name, or logo.
2.8 Using the content in a manner other than as permitted by the purchased license.

§3 Cancellation and Refunds

Payments are non-refundable under any circumstances, including but not limited to the termination of this “Content License Agreement” for any reason.

§4 Severability Clause

If any provision of this “Content License Agreement” is found to be illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not be affected. Such provision shall be revised only to the extent necessary to make it enforceable.

§5 Warranties and Representations

5.1 Except as set forth in this “Content License Agreement”, the content is provided as is, and Proxima Studio makes no additional warranties or representations regarding the content, including the accuracy of titles and descriptions.
5.2 Proxima Studio will not be liable for and will not indemnify against claims arising from inaccurate descriptions, titles, or descriptions.

§6 Taxes, Duties, and Fees

You are responsible for all applicable taxes, duties, or fees imposed by any jurisdiction as a result of any license purchased from Proxima Studio.

§7 Indemnification and Liability

Proxima Studio will not be liable to you or any other person or entity for any damages, costs, or losses arising from this “Content License Agreement”.

§8 Governing Law and Jurisdiction

8.1 All disputes arising from this “Content License Agreement” must be settled in accordance with Polish law, regardless of any principles of private international law indicating any other law.
8.2 All disputes arising from or in connection with this “Content License Agreement”, including any disputes regarding the existence, validity, or termination thereof, shall be settled by the court competent for the seat of Proxima Studio in Poland in accordance with Polish law, regardless of any principles of private international law indicating any other law.

§9 Intellectual Property Rights

9.1 All licensed content is owned by Proxima Studio, which means that only Proxima Studio has the right to claim an infringement of the content if a third party exploits the material contrary to this agreement.
9.2 All rights not expressly granted in this agreement are reserved by Proxima Studio.
9.3 Proxima Studio has no knowledge of any protected rights belonging to third parties covered by this “Content License Agreement”; however, Proxima Studio cannot guarantee that such rights do not exist.
9.4 If commercially reasonable, the use of content shall be accompanied by a credit to Proxima Studio in the form: Photography used under license from Proxima Studio.
9.5 If you are informed by Proxima Studio that the licensed content is at risk of infringement, violation of another right, or any similar claim for which Proxima Studio may be held liable, you must cease any future use of the content at your own expense or, if necessary, remove the content from your computer systems and storage devices (electronic or physical), receiving similar content free of charge from Proxima Studio (the use must still comply with this “Content License Agreement”).

§10 Termination

If you fail to comply with any provision of this “Content License Agreement”, Proxima Studio may terminate the “Content License Agreement”. In case of termination of the “Content License Agreement”, you must cease use of any content and delete the content from your computer systems and storage devices (electronic or physical).

§11 Notifications

All notifications regarding the “Content License Agreement” should be sent to Proxima Studio at the email address kontakt@proximastudio.pl.