EULA Standard

This EULA (End User License Agreement – Standard) is between you – the end user – and Jose Elias / Sofia Pereira / StockPhotosArt.com, the copyright holders of all the works on this site. When you purchase licenses, you accept this agreement either for yourself or on behalf of your employer if they are the account holder, and agree to be bound by its provisions. If you are an employee or contractor, you agree that you have authority to act on their behalf. If you do not agree with these terms, do not download any images.

Most images on StockPhotosArt.com are available for Commercial (1), Editorial (2) and Personal use. Yet, the suitability for any type of use (especially Commercial) for any particular image must be evaluated by the purchaser of the license.

Jose Elias / Sofia Pereira / StockPhotosArt.com are not responsible in any way for any consequences that may arise from any incorrect use of a licensed image, by the purchaser of the license.

When Model and/or Property Releases are available for an image, that will be stated under the image in the corresponding image page.

Yet, in some circumstances, Model and Property Releases may not be necessary and you can refer to the Release may not be required – Disclaimer to know more about this.
Note:

(1) Commercial use refers to the use of images in advertising and any other form (no matter the support used) meant to sell a product or service, it also includes images for brochures, annual reports and other uses not of Editorial nature.

(2) Editorial use refers the use of images that aren’t advertising. Editorial images are the ones that go along with articles and the cover in newspapers, magazines and other form of informative support being in the printed media, in the Internet or digital supports.

Please refer to the correct price range of the wanted image, to know the specifics of the license for that particular image.

What are you buying?
EULA for the images licensed under the Creative Collection
Royalty Free License
A perpetual, non-exclusive, non-transferable worldwide license to use the image in permitted ways (as defined below). This is often referred to as a Royalty Free License. Unless the use is permitted, you may not do it. All other rights to the image, including copyright and other intellectual property rights, are retained by Jose Elias / Sofia Pereira / StockPhotosArt.com.

You may modify the licensed images in any way you need to for your project, but you will not have copyright in the resulting derivative work. For this reason, licensed images may not be used in logos you create (you would need to own the copyright in anything included in a logo). Conversion by the End User of raster images to vector does not grant copyright in the vector image as it is a derivative work.

Image licenses are non-exclusive – other customers may buy licenses and use the images in their projects. Contact me if you wish to discuss additional rights, but be aware that existing licenses for that image cannot be revoked.

Licenses are for you – the End User – only. Licenses are non-transferable, so you can’t share this with a friend or give it to a client other than as part of your project for them. Anyone working on a project for the End User may have access to the image only for projects for the End User.

How long the license lasts

Once an image has been licensed, the End User can use it forever, worldwide, for multiple purposes, within the image’s Terms of Use, without having to pay any additional fees. If a company licenses the image, employees or contractors for that company may not continue to use the image after they leave the company or end the contract.

Some permitted uses

Blogs, books, book covers, branding, brochures, business cards, cd covers, e-books, flyers, magazine articles, marketing, movie props, news articles, presentations, social media, TV or movie props, web sites, etc. Prints and posters, for personal or business use (but not for resale) are permitted (so giving away promotional posters at a trade show is a business use, where selling the posters for a fee is a retail item for sale). These are examples, not a comprehensive list.

The number of impressions (items printed) may be 100,000 or fewer. For larger print runs an extended license is required. Images may be used unmodified (with no superimposed text or images) on a web site up to 800 pixels on the long edge. It is not required to provide an image credit, but “© Jose Elias / Sofia Pereira / StockPhotosArt.com” is the credit to use if you choose to.

Contact me if there are questions about whether or not a use is permitted.

Uses not permitted

Print-on-demand websites – includes websites such as fineartamerica.com, cafepress.com, polyvore.com, zazzle.com, redbubble.com, etsy.com, teacherspayteachers.com or other similar sites.

Retail items for sale – prints, T shirts, hats, cards, posters etc. – are prohibited.

Images may not be distributed to other users via templates such as e-cards, web design templates, scrapbooking templates, customizable invitation templates, digitized embroidery files, personalized products, business card design templates, etc. An extended license is required for these uses.

Images may not be offered for download, license or sale as wallpapers, stock images or or in any other electronic form.

Images of people may not be used:

- in such a way as to imply endorsement for a product or cause;
- for pornographic, obscene or libelous works;
- in sensitive subjects – such as mental or physical health issues, substance abuse, criminal behavior, sexual activity or preference – without a disclaimer (such as “posed by model).

Your responsibilities

Jose Elias / Sofia Pereira / StockPhotosArt.com hold no responsibility for any legal issues that may arise from any use by the End User of licensed images. The End User is responsible for any legal issues or costs resulting from their use.

The End User is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from End User’s use of the image(s). This includes any legal and/or any financial liability that may arise from such use. You may not use any image found on this site for any illegal or fraudulent purpose.

The End User shall indemnify and defend Jose Elias / Sofia Pereira / StockPhotosArt.com against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use or modification of any Image or combination of any Image with any other material, the End User’s failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of an image, alone or in combination with any other material.

Images may contain copyrighted material or trademarks. Even images without logos and brands may have copyrighted or trademarked designs or items in the background or some other incidental location. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).

Refund Policy

Stockphotosart.com does not issue refunds for downloaded images, since we cannot verify that the image has been deleted from the buyer’s hard drive and it will not be used. If there’s any question about the quality of an image please contact us for correction of the problem.

EULA for the images licensed under the Travel Collection
Easy-RM / Rights Managed License
A non-exclusive, non-transferable license, to use the image in the permitted ways (as defined below). The images licensed in this price range in the stockphotosart.com website are classified as Easy-RM and included in the licensed often referred to as a Rights Managed License. Unless the use is permitted, you may not do it. All other rights to the image, including copyright and other intellectual property rights, are retained by Jose Elias / Sofia Pereira / StockPhotosArt.com.

The allowed uses for the Easy-RM license are:

- Personal Use: to be printed as Fine Art, personalized t-shirt, computer wallpaper and other uses of the personal scope just for the person who has purchased the license.

- Editorial: to be used in print up to 6 months, and website or blog up to 2 years. In this use the copyright attribution is mandatory and should be read as: © Jose Elias / Sofia Pereira / StockPhotosArt.com

- Small business and One Person Business use: A company with up to 10 people can use the image in presentations, websites and printed marketing for 2 years.

- Electronic presentation: One e-presentation design, for 2 years, worldwide.

- Website design: One corporate website design, for 2 years, worldwide.

- Advertising: A single advertising campaign for 1 year (print and web) for a local territory. Local Territory is defined by Jose Elias / Sofia Pereira / StockPhotosArt.com as the largest administrative division within a nation’s state borders, such as a State for the USA, a Lieutenancy area in UK, a Region in France, and so on. If the image is to be used in a website, which is globally accessed, the campaign must be, nevertheless, locally oriented such as defined as a Local Territory previously and accessible only in the pages and areas of the site meant to that campaign.

If more than one use is required, more than one licensed must be purchased for each additional use.

Uses that fall outside the ones mentioned above, like an advertising campaign of National or International level, Book Cover, Consumer Goods, Packaging, and others require a negotiation of the fee with Jose Elias / Sofia Pereira / StockPhotosArt.com for the license.

You may modify the licensed images in any way you need to for your project, but you will not have copyright in the resulting derivative work. For this reason, licensed images may not be used in logos you create (you would need to own the copyright in anything included in a logo). Conversion by the End User of raster images to vector does not grant copyright in the vector image as it is a derivative work.

Image licenses are non-exclusive – other customers may buy licenses and use the images in their projects. Contact me if you wish to discuss additional rights, but be aware that existing licenses for that image cannot be revoked.

Licenses are for you – the End User – only. Licenses are non-transferable, so you can’t share this with a friend or give it to a client other than as part of your project for them. Anyone working on a project for the End User may have access to the image only for projects for the End User.

How long the license lasts

Once an image has been licensed, the End User can utilize it for the period mentioned in the use contracted. If a company licenses the image, employees or contractors for that company may not continue to use the image after they leave the company or end the contract.

Some permitted uses

Images may be used unmodified (with no superimposed text or images) on a web site up to 800 pixels on the long edge. It is not required to provide an image credit in uses other than Editorial, but “© Jose Elias / Sofia Pereira / StockPhotosArt.com” is the credit to use if you choose to.

Contact us if there are questions about whether or not a use is permitted.

Uses not permitted

Print-on-demand websites – includes websites such as fineartamerica.com, cafepress.com, polyvore.com, zazzle.com, redbubble.com, etsy.com, teacherspayteachers.com or other similar sites.

Retail items for sale – prints, T shirts, hats, cards, posters etc. – are prohibited.

Images may not be distributed to other users via templates such as e-cards, web design templates, scrapbooking templates, customizable invitation templates, digitized embroidery files, personalized products, business card design templates, etc. An extended license is required for these uses.

Images may not be offered for download, license or sale as wallpapers, stock images or or in any other electronic form.

Images of people may not be used:

- in such a way as to imply endorsement for a product or cause;
- for pornographic, obscene or libelous works;
- in sensitive subjects – such as mental or physical health issues, substance abuse, criminal behavior, sexual activity or preference – without a disclaimer (such as “posed by model).

Your responsibilities

Jose Elias / Sofia Pereira / StockPhotosArt.com hold no responsibility for any legal issues that may arise from any use by the End User of licensed images. The End User is responsible for any legal issues or costs resulting from their use.

The End User is responsible for all liabilities regarding privacy issues, trademarks, slander, libel, etc., that may arise from End User’s use of the image(s). This includes any legal and/or any financial liability that may arise from such use. You may not use any image found on this site for any illegal or fraudulent purpose.

The End User shall indemnify and defend Jose Elias / Sofia Pereira / StockPhotosArt.com against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use or modification of any Image or combination of any Image with any other material, the End User’s failure to abide by any restriction regarding the use of an image, or any claim by a third party related to the use of an image, alone or in combination with any other material.

Images may contain copyrighted material or trademarks. Even images without logos and brands may have copyrighted or trademarked designs or items in the background or some other incidental location. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).

Refund Policy

Stockphotosart.com does not issue refunds for downloaded images, since we cannot verify that the image has been deleted from the buyer’s hard drive and it will not be used. If there’s any question about the quality of an image please contact us for correction of the problem.