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Whoever effects a purchase of our products it is kept to entirely read the present instructions and to accept it, therefore, proceeding with the purchase of our products we believe that you have read and approved entirely how much described and anticipated.
In case of legal confrontations the Court of competence is that of Pavia.
LAST UPDATED: November 2017
This is a license agreement between you and 4Kmediastock.com di Angelo Giammarresi – www.wocmultimedia.biz (hereinafter called 4Kmediastock.com) that explains how you can use photos, illustrations, vectors and video clips that you license from 4Kmediastock.com. By downloading content from 4Kmediastock.com, you accept the terms of this agreement.
What types of licenses does 4Kmediastock.com offer?
4Kmediastock.com offers two types of licenses: Standard and Commercial. Every file downloaded from 4Kmediastock.com comes with a nonexclusive Standard or Commercial license. Unless other written agreements made directly with Angelo Giammarresi, owner and sole manager of 4Kmediastock.com and wocmultimedia.biz, your use of content is subject to the nonexclusive Standard or Commercial license terms.
How do I get the files licensed from 4Kmediastock.com?
You can get licensed files from 4Kmediastock.com by purchasing them online and downloading them instantly. Remember that for each purchase you can only make two attempts to download within 10 days after which the order expires and you have to make a new purchase.
What kind of files do I get from 4Kmediastock.com license?
Photo files are available in the following formats:
JPG 8bit, uncompressed TIF 16bit, RAW and other selectable formats
Video files in formats: 4k .mp4 25p, FHD 1920×1080 25p, other selectable formats
You can use watermarked content from the 4Kmediastock.com site on a complimentary basis for test or sample use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 15 days following download.
How can I use licensed content?
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by 4Kmediastock.com are:
Perpetual, meaning there is no expiration or end date on your rights to use the content.
Non-exclusive, meaning that you do not have exclusive rights to use the content. 4Kmediastock.com can license the same content to other customers.
Unlimited, meaning you can use the content in any media and in an unlimited number of projects.
For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.
Please make sure you read the Restricted Uses section below for exceptions
No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.
No Commercial Use of “Editorial Use Only” Content. You may not use content marked “editorial use only” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events that are newsworthy or of general interest (i.e., in a textbook, newspaper, blog or magazine article).
No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.
Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for “editorial use only” content that is used in an editorial manner.
No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create a painting based solely licensed content and claim that you are the author.
Restricted Uses Standard license.
No Products for Resale. Unless you purchase a non-exclusive Commercial License, it is not possible to use the Standard licensed files for use on products for resale or for profit purposes.
Therefore, unless you purchase a non-exclusive Commercial License, you can not use the contents in relation to any good or service intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zalando.it and similar online shops)
No Electronic Templates. Unless you purchase a non-exclusive Commercial License, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
Restriction Products for resale/ Electronic templates
Standard License Not permitted at all
Commercial License allowed unlimited
Who can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense files to anyone else. Except for:
Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
Are there restrictions on the number of licensed users?
Yes. The standard license or subscription is for a single user. The user restrictions refer to the raw file of content, not the end project or use.
The contents obtained also in Standard license can be shared within your company, but the content may only be available to one person at any one time. Unless you purchase a Commercial license, you may not store the content on a server (giving more than one person simultaneous access to the content).
If you have licensed Standard Content, this means that only one person (the same person) may access, license and use the content.
If you need more than one user to access the content, you must purchase a Commercial license.
You (the Licensee) will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify 4Kmediastock.com immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account. 4Kmediastock.com reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If 4Kmediastock.com determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.
Intellectual property rights
Who owns the content?
All of the licensed content is owned by either 4Kmediastock.com or the artists who supply the content. All rights not expressly granted in this agreement are reserved by 4Kmediastock.com and the content suppliers.
Do I need to include a photo credit? You do not need to include a photo credit for commercial use with a Commercial license, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “wocmultimedia.biz/Artist’s Name.”
Do I need to include a video credit? Yes, if technically feasible, you must include the following credit in visual productions: “wocmultimedia.biz/Artist’s Name.”
Except in the case of subscriptions, this agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. 4Kmediastock.com may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to 4Kmediastock.com in writing that you have complied with these requirements.
Social Media Termination – If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
Refunds for downloaded files – 4Kmediastock.com does not offer refunds or re-credits for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of 4Kmediastock.com.
All requests for cancellations must be made in writing – In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
Removing the Content
4Kmediastock.com may discontinue licensing any item of content at any time in its sole discretion. Upon notice from 4Kmediastock.com, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which 4Kmediastock.com may be liable, 4Kmediastock.com may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. 4Kmediastock.com will provide you with replacement content (determined by 4Kmediastock.com in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
Representations and Warranties
4Kmediastock.com makes the following representations and warranties:
Warranty of Non-Infringement – Except with respect to content identified as “editorial use only,” your use of the content in accordance with this agreement and in the form delivered by 4Kmediastock.com will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content with any tool used.
“Editorial Use Only” Warranty Disclaimer – For content identified as “editorial use only,” 4Kmediastock.com warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as “editorial use only,” and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial use only,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release.
Caption/Metadata Disclaimer – While 4Kmediastock.com has made reasonable efforts to correctly categorize, keyword, caption and title the content, 4Kmediastock.com does not warrant the accuracy of such information, or of any metadata provided with the content.
No Other Warranties – Except as provided in the “warranty of non-infringement” section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. 4Kmediastock.com does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
Indemnification/Limitation of Liability
Indemnification of 4Kmediastock.com by you – You agree to defend, indemnify and hold harmless 4Kmediastock.com and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including outside legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
Indemnification of you by 4Kmediastock.com – Provided that the content is used solely for the purposes of this Agreement and that you have not otherwise violated the terms of this Agreement, there are no grounds for you to incur legal disputes and claim a 4Kmediastock.com indemnity. The only indemnity expected if a Third Party Claim is to be found, see Removing the Content, is the replacement where possible with other material similar to the one purchased after receiving written confirmation that the material considered to be violating something has been removed from your part, and by anyone who has made use of it. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from 4Kmediastock.com, or upon your knowledge, that the content is subject to a claim of infringement of a third party’s right.
Limitation of Liability – 4Kmediastock.com WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF 4Kmediastock.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
Assignment – This agreement is personal to you and is not assignable by you without 4Kmediastock.com’s prior written consent. 4Kmediastock.com may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
Audit/Certificate of Compliance – Upon reasonable notice, you agree to provide to 4Kmediastock.com sample copies of projects or end uses that contain licensed content, including by providing 4Kmediastock.com with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, 4Kmediastock.com may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to 4Kmediastock.com of five percent (5%) or more of the amount you should have paid, then in addition to paying 4Kmediastock.com the amount of the underpayment, you also agree to reimburse 4Kmediastock.com for the costs of conducting the audit. Where 4Kmediastock.com reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at 4Kmediastock.com’s request, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by 4Kmediastock.com.
Electronic storage – You agree to retain the copyright symbol, the name of 4Kmediastock.com, the content’s identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.
Governing Law/Arbitration – This Agreement is governed by Italian law, without any reference to the rules of private international law or referral. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator. The arbitration proceedings shall be conducted in Italian and all documentation shall be presented and filed in Italian. The competent forum is that of Pavia. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, 4Kmediastock.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of 4Kmediastock.com, such action is necessary or desirable to protect its intellectual property rights. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
Severability – If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
Waiver – No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
Entire Agreement – No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by 4Kmediastock.com and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
Notice – All notices required to be sent to 4Kmediastock.com under this agreement should be sent via email to firstname.lastname@example.org. All notices to you will be sent via email to the email set out in your account.
Taxes – You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content.
Licensing Entity – The 4Kmediastock.com entity that grants the license under this Agreement is World On Communications di Angelo Giammarresi – Via Marx 101 – 27024 Cilavegna (PV) – Italy | VAT n. 10912600151.
This document is a translation of the terms written in Italian, so in case of doubt or controversy the Italian version is valid.