The www.photolandimages.ro website (the “Website”) is a searchable collection of images provided by photoland (trough its contractual partners),(“Photoland”) to commercial users of stock images subject to the payment of licensing fees.
The following terms and conditions (the “Terms & Conditions”) govern your use of the Website and form a legal agreement (the “Agreement”) between you, your company, your employer and your client, as the case may be, (collectively referred to herein as “You” or “Your”) and Photoland. You are required to read this Agreement and accept all of its provisions by clicking on the “I have read and agree…” box in order to register and before You may download any image from the Website.
By registering on the Website, You confirm that You have read all of the Terms and Conditions and that You will abide by and be bound by this Agreement. If You do not wish to be bound by this Agreement, kindly do not use the Website.
If You use this Website without registering, then You will have no rights whatsoever to do anything but look at the images and read the information on the Website.

 

Modifications to the Terms and Conditions
Photoland reserves the right to change the Terms and Conditions at any time without prior notice. Your continued access or use of the Website and/or the images that appear on the Website after such changes indicates Your acceptance of the Terms and Conditions as modified. It is Your responsibility to review the Terms and Conditions regularly.

 

A.  Copyright in Images

A-1.  All photographs, illustrations, digital art and other forms of images on the Website, whether Rights-Managed or Royalty-Free (collectively, the “Images”) are the exclusive property and copyright of Photoland and/or its licensors. The Images are protected by national copyright laws, international treaty provisions and other applicable laws.

A-2.  Unauthorized use of Images
Unless You have received and paid for a license from Photoland:

1. it is illegal to copy or use any portion of any Image whether by photographic means, scanning, digital copying, or as reference for another image;

2. it is illegal to incorporate all or part of any Image into another image. Changing an Image does not give You any right to use the changed Image. The original Image, however modified or distorted, is still protected by copyright.

A-3.  Liability for unauthorized use of Images
Photoland, its international partners and their contributing artists and licensors earn their living by licensing and controlling all rights to the Images. You agree that any unauthorized use, publication or transmission of any Image by You is an infringement of copyright and that You will be responsible for any fees, damages and/or compensation arising from Your unauthorized use.

 

Masterfile Website Terms & Conditions of Use

 

B.  RIGHTS-MANAGED - Limitations on use of RM Images

B-1.  What You CAN do with RM Images (Comping License)
If you have registered on the Website, then Photoland grants you a nontransferable, nonexclusive license to use RM Images for layout, comping or internal presentations, without charge, provided You intend to purchase a license from Photoland to reproduce those RM Images if the layout is approved.

B-2.  What You CANNOT do with RM Images
Anything else. Except as noted in Section C-1 above, the RM Images may not be copied or reproduced in any manner whatsoever without the prior written consent of Photoland as evidenced by an RM License, and subject to the payment of that RM License. All rights are reserved by Photoland and its licensors.

B-3.  An “RM License” is a written document, whether delivered in electronic or printed format, created by Photoland which defines the specific manner and scope in which an RM Image may be used by You. An RM License may be issued in response to a request from You for permission to use an RM Image, subject to availability of that RM Image as determined by Photoland and subject to Your agreement to the RM License fee. Such request may be conveyed to Photoland via the Website, via e-mail, orally via telephone, or other means of communication. The process of determining if an RM Image is available to license from the Website is normally instantaneous. The RM License fee is based on how the RM Image will be used. The RM License is limited in scope. An RM License is normally printed and mailed but can be delivered to You by e-mail or fax if so requested.

 

C.  RIGHTS-MANAGED - Rights clearance.

It is possible that an RM Image You have chosen - or a substantially similar RM Image - may be subject to a conflicting prior RM License that could prevent Masterfile from issuing an RM License to You. To ensure that the required rights may be available to You, contact Photoland at (40) 212 232 852/ 857, or e-mail to client@photolandimages.ro to clear the rights, through our Global Rights Protection SystemTM. This service is available to You, free of charge. We’re open from 8:30 AM to 7:00 PM , Monday to Friday.

D.  RIGHTS-MANAGED - Terms and Conditions of Licensing

By concluding a request via the Website to license and download an RM Image (an “RM Web Transaction”), You will be permitted to download a high-resolution digital copy of the RM Image (the “Licensed RM Image”) for commercial reproduction.

Even if You have been permitted to download an RM Image from Photoland, no rights will be granted to that RM Image until an RM License has been issued by Photoland and You have paid the applicable RM License fee in full. Your right to use and reproduce the Licensed RM Image will at all times be subject to and governed by the specific terms of license described by Photoland in the RM License, as well as the following general terms and conditions:

D-1.  (RM) Copyright
The Licensed RM Image is and will remain the exclusive property and copyright of Photoland and/or the respective artist or licensor. Photoland’s copyright notice and image identification codes which appear in the Licensed RM Image file must remain with Your digital copies of the Licensed RM Image at all times.

D-2.  (RM) Full disclosure
You warrant that You have supplied true and accurate information to Photoland in the Web Transaction to fully describe the manner in which the Licensed RM Image will be used, including the correct name and type of business of the end user of the Licensed RM Image. Note: The “end user” is the ultimate beneficiary of the License (e.g. if an ad agency uses a Licensed RM Image in a brochure for an airline, the airline is the end user of the Licensed RM Image, not the ad agency).

D-3.  (RM) Scope of rights
Only the rights described in the specific terms of RM License will be granted. No secondary electronic, advertising or commercial rights whatsoever will be granted or implied unless specifically stated in the RM License.

D-4.  (RM) Non-exclusive rights
Reproduction rights in RM Images are non-exclusive unless otherwise stated in writing by Photoland in the RM License.

D-5.  (RM) Request for Exclusivity
Exclusive rights may only be granted by Photoland subject to the availability of such rights and subject to additional fees as determined by Photoland. Exclusive rights cannot be obtained through the Website. You must contact Photoland directly to inquire about exclusivity. No exclusivity will be granted or implied unless it is stated in writing by Photoland in the specific terms of the RM License. If Photoland grants exclusive rights in an RM License, it will take reasonable precautions to avoid licensing the Licensed RM Image to others in a manner which, in its opinion, conflicts with the specific terms of the RM License.

D-6.  (RM) Credit Line
If the Licensed RM Image is to be used in an editorial context or for certain other media, such as calendars, where the publishing of credit lines is the norm, then Photoland will require a credit line be given in the form:

“© (Artist’s Name) /Photoland”

as a condition of the RM License. The requirement for such credit will appear in both the details of the Web Transaction and the RM License. Failure to include such credit line will result in a surcharge of 100% of the RM License fee.

 

D-7. 

I. (RM)Photoland’s Right to Rescind
Photoland reserves the right to rescind the RM License for any or all of the following reasons:

1. If any of the information provided by You is deemed by Photoland to be incorrect, and You do not provide corrected information to Photoland, to Photoland’s satisfaction, within one “Business Day” (defined as any consecutive 24 hour period excluding 12:00 a.m. to 11:59 p.m. on any Saturday, Sunday or statutory holiday in Romania).

2. If the proposed use of any RM Image by You is deemed by Photoland:

   1. to conflict with exclusive rights granted to another client in the same or a similar RM Image; or

   2. to conflict with any limitations that were communicated to You by Photoland in the ordering process; or

   3. to breach any of the terms, conditions, representations or warranties set out in the Terms and Conditions of RM Licensing;

or

3. If You become bankrupt, insolvent or otherwise cease to carry on business.

II. In all such instances, Photoland will attempt to notify You within one (1) Business Day by e-mail, and/or fax, and/or telephone of its intention to rescind the RM License.

1. If revised information properly delivered by You to Photoland results in a decrease in the amount of the RM License Fee, Photoland will promptly process the appropriate credit or refund and issue a revised RM License.

2. If revised information properly delivered by You to Photoland results in an increase in the amount of the RM License Fee, and You agree to pay such increase, Photoland will promptly process a new RM License and will cancel the original RM License.

3. If revised information properly delivered by You to Photoland results in an increase in the amount of the RM License Fee, and You do NOT agree to pay such increase, Photoland will immediately rescind the RM License.

III. Once an RM License is rescinded, You and any end-user must cease using the RM Image immediately.

1. Photoland’s right to rescind the RM License in all circumstances is and will be uncontestable and irrevocable.

2. Photoland’s liability to You in any such instance will be solely limited to the amount of the RM License, either in the form of a credit (if the RM License is unpaid) or a refund (if the RM License is paid).

3. Nothing herein will prevent Photoland from rescinding an RM License if Photoland is unable to contact You, or if You do not respond to a communication from Photoland.

D-8.  (RM) Copyright infringement
Photoland will be entitled to a compensatory fee equal to the greater of EUR1,500 or ten (10) times the usual RM License fee for each Unauthorized Use by You of any RM Image in addition to any other rights or remedies available to Photoland under law (without You thereby acquiring any rights to the RM image). “Unauthorized use” means any reproduction that is not specifically granted in the RM License by Photoland, or any reproduction for which an RM License has not been paid.

D-9.  (RM) Disposal of the RM Image
After the RM License has expired, all reproducible copies of the RM Image in the control of You, Your employees, agents, representatives or suppliers must be erased or destroyed to prevent unauthorized use of the RM Image.

D-10.  (RM) Credit or cancellation
If a licensed RM Image is not reproduced by You in any way for any reason, You are required to send Photoland a written request for cancellation of the RM License within 5 days of the date of the RM License, and a full credit or refund will be given. There will be no credit or refund given after 5 days.

D-11.  (RM) Binding terms
Only the terms of the RM License will be binding on Photoland. Any terms of Your requisition or purchase order conflicting with any of the terms of the RM License are not applicable. Any attempt by You to modify or deviate from the terms of the RM License will nullify any other rights granted or representations made by Photoland herein. The terms of the RM License may only be changed with the written agreement of Photoland.

 

E.  ROYALTY-FREE - Terms & Conditions of Licensing

By concluding a request via the Website to license and download an RF Image (an “RF Web Transaction”), You will be permitted to download a digital copy of the RF Image (the “Licensed RF Image”) in a fee-specific file size for commercial reproduction.

E-1.  An “RF License” is a written document, whether in electronic or printed format, created by Photoland which may be issued in response to a request from You for permission to use an RF Image. Such request may be conveyed to Photoland via the Website, via e-mail, orally via telephone, or other means of communication. An RF License is normally printed and mailed but can be delivered to You by e-mail or fax if so requested. You may download a high-resolution copy of a Licensed RF Image from the Website prior to receiving a physical copy of the RF License, by following the ordering prompts on the Website.

Even if You have been permitted to download an RF Image from Photoland, no rights will be granted to that RF Image until an RF License has been issued by Photoland and You have paid the applicable RF License fee in full. The RF License fee is non-refundable.

E-2.  (RF) Grant of License
Upon receipt of full payment from You, Photoland will grant You the non-exclusive, non-transferable license to use and modify the Licensed RF Image, subject to the restrictions contained in this Agreement.

E-3.  (RF) Permitted uses
Subject to the restrictions listed in Section G-4, You may use the Licensed RF Image in any print, online, film, video, broadcast or multi-media product for promotional, advertising, editorial or consumer merchandise use, provided such products are not intended to allow the re-distribution or re-use of the RF Image.

E-4.  (RF) Uses that are not permitted:

1. You may not rent, transfer or grant any rights to the Licensed RF Image to any person or organization without the prior written consent of Photoland including, without limitation, for any compilation, derivative or collective work containing such Licensed RF Image.

2. You may not use the Licensed RF Image on more than one computer or workstation at a time, nor on a network or a multi-user system. If you need a seat license contact Photoland to negotiate an additional license.

3. You may not sell, license or distribute Your final product in such a way that permits other persons to extract or access the Licensed RF Image as a stand-alone file.

4. You may not incorporate the Licensed RF Image into a logo, trademark or service mark.

5. You may not use the Licensed RF Image in any electronic template or application, including those that are Internet-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, website designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license from Photoland for such purpose.

E-5.  (RF) Credit line
If the RF Image is to be used in an editorial context or for certain other media, such as calendars, where the publishing of credit lines is the norm, then Photoland will require a credit line be given in the form “© Photoland” as a condition of the RF License.

E-6.  (RF) Copyright infringement
Masterfile will be entitled to a compensatory fee equal to the greater of EUR 1,500 or ten (10) times the usual RF License fee for each Unlicensed Use by You of any RF Image in addition to any other rights or remedies available to Photoland under law (without You thereby acquiring any rights to the RF Image). “Unlicensed Use” means any reproduction that is not specifically granted in the RF License by Photoland, or any reproduction for which an RF License has not been paid.

E-7.  (RF) Termination of License
The RF License is in force until it is terminated by Photoland. If You do not comply with the terms and conditions of the RF License, then the RF License will automatically terminate and You and any end-user must cease using the respective RF Image(s) immediately.

E-8.  (RF) Revocation of RF License
Photoland reserves the right to revoke the license to use any RF Image for good cause and to elect to replace such RF Image with an alternative RF Image. Upon notice of any revocation of a license for any RF Image, You agree to cease using such RF Image immediately and will take all reasonable steps to discontinue the use of the replaced RF Image in products that already exist and will inform all end-users and clients of same.

E-9.  Additional Terms & Conditions of Licensing that are common to both RM & RF Images appear in Section F below.

 

F. Terms and Conditions of Licensing that are Common to both RM and RF Images:

F-1.  (RM & RF) No Third Party Downloads
You may not post any Image on any electronic bulletin board, put it on-line in a downloadable or FTP format, or use it in a website at a resolution higher than 72 dpi.

F-2.  (RM & RF) Verification of information
You are responsible for the verification of all information (including image codes) appearing in an RM License or RF License.

F-3.  (RM & RF) Third Party Releases

1. Any Image of a recognizable person is deemed to have a model release unless Photoland has stated otherwise in the caption information for the respective Image on the Website;

2. An Image is deemed to have a property release only if the existence of such release is specified in the caption information for the respective Image on the Website;

3. Photoland does not have releases for the trademarks, logos or other intellectual property of other parties that may be depicted in some Images. The procuring of such releases is Your responsibility but Photoland will co-operate with you in seeking such releases (for RM Images only);

4. Photoland does not have releases from manufacturers for commercial products such as (without limitation) automobiles, aircraft, packaged products, designer clothing, etc. that are depicted in some Images. It is generally not possible for any stock image library or artist to get blanket releases for such products, but they can often be obtained on a case-by-case basis. The procuring of such releases is Your responsibility but Photoland will co-operate with you in seeking such releases (for RM Images only).

F-4.  (RM & RF) Context of use - You hereby agree that:

1. You will not use or permit the use of any Image in a defamatory, libelous, pornographic or unlawful context or contrary to ethical business practices;

2. You are responsible for all text used and claims made in connection with Your use of any Image;

3. Sensitive issues
   If any Image depicting a person is to be used in a sensitive context (including, without limitation, context relating to sexual conduct, criminal activity, substance abuse, mental condition, religious, political or racial bias), then the existence of a model release may not be sufficient to protect You from action by the person depicted in the Image (the “Model”). If You intend to use an Image in a context that could be considered sensitive:

   1. You agree to notify Photoland in writing and Photoland (in its sole discretion) may determine to contact the Model and request a sensitive issues model release on Your behalf;

   2. Photoland is NOT able to obtain sensitive issues model releases for RF Images due to the broad scope of RF Licenses, however, You are still required to abide by the provisions of this Section H-4(c) if licensing RF Images;

   3. You understand that such release could require You to pay an additional fee (which would require Your prior approval); and

   4. If Photoland is unable to contact the Model, or if the Model refuses to execute a sensitive issues model release, or if You do not agree to the fee required for such release, or if Photoland (in its sole discretion) declines to license the Image for Your purpose, then You agree that You will not use the Image and no license will be granted by Photoland.

   5. Notwithstanding the provisions of this Section H 4(c), if an Image featuring a Model is to be used in a context that may be controversial or embarrassing to that Model, You must print a statement adjacent to the reproduction indicating that the person is a model and is used for illustrative purposes only.

F-5.  (RM & RF) Images Depicting Financial Currency
Numerous government regulations and legal issues surround the reproduction of photos and illustrations of financial currency ("Currency Images").

Photoland accepts no liability for consequences arising from Your reproduction of Currency Images. You understand and agree that it is Your responsibility to seek independent legal counsel before reproducing or publishing Currency Images.

 

G.  General

G-1.  Disclaimer
Use of the Website and the Images is at Your sole risk. The Website and the Images are provided on an “as is”, “as available” basis without representations, warranties or conditions of any kind, either express or implied, including but not limited to representations, warranties or conditions of title or implied warranties or conditions of merchantability or fitness for a particular purpose or compatibility with any computer hardware or other equipment, operating system or software program. Photoland makes no representation or warranties that the use of the Website will be uninterrupted or error-free.

G-2.  Limitations of Liability
To the maximum extent permitted by law, in no event will Photoland be liable for any indirect, punitive, incidental, special or consequential damages, whether foreseeable or unforeseeable, based on claims (including, but not limited to, claims for damages for loss of profits or loss of business opportunities, delay or inability to use the Images or the Website, mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations or transmissions) arising out of or in any way connected with the use of the Website or any Image whether based on contract, tort, strict liability or otherwise. Photoland’s Liability in any circumstances will be limited to the amount paid for the License.

G-3.  Indemnity
You agree to indemnify and hold harmless Photoland, its licensors, and Agents and its and their respective directors, officers, agents and employees from any and all claims, liabilities, damages, demands, losses or expenses arising out of or in connection with: Your use of the Website and/or any Image; Your breach of the Terms and Conditions; Your breach of the License; Your infringement of any third party intellectual property rights; or any act or omission by You which results in: (a) loss, damage, interference with or disruption to, the Website; (b) use of the Website for any illegal purpose; or (c) use of the Website to achieve any unauthorized or prohibited access to computer systems and data.

G-4.  Governing Law
Except for International situations referred to in Section “I” above, this Agreement will be governed by the laws in force in the Romanian Republic, excluding the application of its conflicts of law rules, and the parties agree to the exclusive jurisdiction of the local courts located in the City of Bucharest.

For greater certainty, the United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement.

G-5.  If any provision of this Agreement violates the law of the applicable jurisdiction and is unenforceable, that provision will be severed and the balance of this Agreement will remain in force.

 

H.  Ownership of this Website

The Website is owned and operated by Photoland s.r.l. The materials used and displayed on the Website, including, but not limited to the Images, text, software, photographs, graphics, illustrations, artwork, names, logos and trademarks (collectively, the “Content”) are the property or in the custody of Photoland, its contributing artists or its licensors and are protected by copyright, trademark and other laws. The Content may not be copied or retransmitted in any form without the express written permission of Photoland or subject to the terms of a Licence.

When purchasing a License or engaging in other transactions on the Website, You may be asked to provide certain information, including credit bank information or information in connection with other payment mechanisms. Photoland respects Your right to privacy and is committed to a privacy policy as set forth below. We do need to share some of Your personal information with others in order to do business with You through the Website. Any information You provide to Photoland as a "Registered User" or to conduct a Web Transaction, including (without limitation) Your name, address, e-mail address, phone number and bank account information (collectively, "Information") will be used by Photoland and authorized payment processors solely for the express purposes of fulfilling its commercial transactions with You. In general, Information may be disclosed as part of any business merger, sale of the assets of Photoland or acquisition as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of Photoland.

 

Confidentiality
Except as specifically stated herein, Photoland will not share, sell, or otherwise transmit the Information to any other party except as required by law.

 

Use of "Cookies"

1. When You visit the Website, we automatically send a tiny text file called a "cookie" to your computer's hard disk drive. A cookie is a piece of information that your computer shows to our server whenever you log onto the website. It tells us who you are and if you register, the cookie saves you from having to register and log in every time you return to the website.

2. Cookies enable the website to recognize information you have given to us previously, and allow you to maintain lightboxes, use a shopping cart, view enlarged RM Images, conduct Web Transactions and download RM Images from the Website for commercial reproduction. As the Website evolves, we will be able to provide You with many additional levels of service based on our ability to recognize you via your cookie.

3. Our use of the cookie is limited to your activities within the Website and does not have any other effect on your computer or your other activities on the Internet. Photoland does not disclose information in your cookie to other parties.

Contact Us
If you believe that Photoland has failed to adhere to the privacy policy above, or if you want to update your information, please contact us at client@photolandimages.ro