End User License Agreement
We provide two types of licensing: One Time Use and Extended. Our standard One Time Use license permits you to use the purchased media in one project through the terms described below. Our Extended license expands on the standard One Time Use license to increase both the types and quantities of reproductions permitted, namely the ability to use our media in items that are meant for resale.
Our One Time Use License
Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of media purchased from us:
- invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license) up to 2,000 prints;
- school or university projects;
- social media post or profile image;
- decorative background on a personal computer or mobile device;
- online or electronic publications, including web pages, blogs, ebooks and videos, limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited
Unless otherwise declared as “Extended”, all media available on this site is licensed under the standard One Time Use license, including our Editorial media.
Our Extended License
Our Extended license expands on our standard One Time Use license in the following ways:
- invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to an unlimited number of prints;
- entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations up to an unlimited number of prints;
- prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, resale, license or other distribution up to an unlimited number of prints;
- in themes, skins and other electronic software meant for resale limited to a maximum display of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.
Both our One Time Use and Extended licenses permit you to use the purchased media in one project only. For use in multiple projects, additional licenses may be required. An exception to this rule is if an image is used in an editorial capacity with a duplicate article both in print and online; one license permits you to use the same image in both mediums.
The following are uses that are definitely not included in any of our licenses. “Stock Media” as it is used below refers to any media purchased through this site. It is therefor unlawful to:
- install and use the Stock Media in more than one location or post a copy of the Stock Media on a network server or web server for use by other users;
- sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Stock Media or the rights granted under these terms;
- use any of the Stock Media as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
- use Stock Media identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Stock Media means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
- remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Stock Media;
- use the Stock Media in a fashion that is considered by us or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Stock Media into disrepute;
- use the Stock Media in a way that places any person depicted in the Stock Media in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; and c) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use Stock Media containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
- use Stock Media in a manner that competes with our business including, but not limited to, displaying Stock Media in any format (including thumbnails) for download or export on a website or offering Stock Media for sale;
- upload and sell Stock Media on Print-on-Demand (POD) websites. This restriction includes sites like cafepress.com, zazzle.com, etsy.com, redbubble.com, society6.com, fineartamerica.com, imagekind.com, teacherspayteachers.com, polyvore.com, or other similar sites;
- use the Stock Media for editorial purposes without including the following credit adjacent to the Stock Media or in audio/visual production credits: “© Henri Pero Photography / www.henri.photo”;
- incorporate the Stock Media in any product that results in a re-distribution or re-use of the Stock Media or is otherwise made available in a manner such that a person can extract or access or reproduce the Stock Media as an electronic file;
- use or display the Stock Media in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
- use or display Stock Media in such a manner that gives the impression that the Stock Media were created by you or a person other than the copyright holder of the Stock Media.
Please note that by purchasing a license to use the media on this site from us, you acknowledge that no transfer of copyright exists, and you are purchasing a license to use the media as per the terms set out in this agreement.
Liability and Indemnify Limitations
The End User shall indemnify and defend Henri Pero Photography against all claims, liabilities, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (a) a breach of this Agreement, (b) the use or modification of any Stock Media or combination of any Stock Media with any other material, (c) your failure to abide by any restriction regarding the use of the Stock Media, and/or (d) any claim by a third party related to the use of the Stock Media, alone or in combination with any other material.
Stock Media may contain copyrighted material or trademarks and likenesses of people who did not agree to the use of this Stock Media. The End User is responsible for seeking legal counsel for use of the Stock Media. The End User accepts responsibility for all liabilities that may arise from use of the Stock Media.
Prices, this End User License Agreement, and other terms & conditions, are subject to change without notice.
License purchases are final and non-refundable.
For any uses not listed here, or for questions regarding our licensing please contact us.