User License Agreement for Pilo.net
This is an Agreement between you and PILO.NET (hereinafter referred to as "Pilo").
PREMISES AND DEFINITIONS
For the purpose of this Agreement:
The term "IMAGE" shall mean any photographic image, illustration or graphics downloadable from the website www.pilo.net.
The term "fee" shall mean the price paid by you to download the IMAGE and enter into this Agreement.
The term "you" means yourself as a physical person as well as any employer, company, organisation or other entity that you may represent in entering this Agreement.
Any terms used in the singular form include the plural and vice versa.
If you are entering this Agreement as a physical person, you will be considered the sole user of the IMAGE and, therefore, the sole holder of this license.
If you are entering this Agreement on behalf of your employer, a company, an organisation or any other entity, the terms and conditions contained herein apply to said employer, organisation or entity as well as to you as a their representative. Should you cease to act on behalf of, or represent, said employer, company, organisation or entity, you will no longer be entitled to use the IMAGE, but the employer, organisation or entity will continue to be the holders of the license.
GRANT OF LICENSE
In consideration of the payment of the fee, Pilo grants you the non-exclusive right to use the IMAGE in materials for yourself or your direct clients, subject to the terms and conditions contained in this Agreement.
1. PERMITTED USE
1.1 You may for personal or commercial purposes, reproduce, display, print, adapt and publish the IMAGE using any media, subject to the restrictions below.
1.2 You may use the IMAGE as per clause 1.1.above and you may do so to produce materials for yourself or your direct clients. However, your direct clients will not be entitled to reproduce, display, print, adapt or publish the IMAGE.
1.3 The IMAGE may be distributed to your employer or within the company, organisation or other entity that you represent within a network of servers of up to 20 named individuals. Please contact Pilo at email@example.com if you intend to place the IMAGE on a network accessible to more than 20 individuals.
2. USE RESTRICTIONS
2.1 You may not sub-license, loan, rent, sell or in any other way transfer to third parties the right to the use of the IMAGE or any compilation or derivative work containing the IMAGE.
2.2 You may not publish the IMAGE online in a downloadable format, post the IMAGE on any electronic publication or online service from which it can be downloaded, use the IMAGE in a website at a resolution higher than 72 dpi. For example, the IMAGE may be used as part of a website design, but it must not be downloadable separately or stored in any way that would allow the website users to use the IMAGE.
2.3 Use the IMAGE for the creation of online or off-line templates or applications with the purpose to create multiple impressions on products. This includes for example, but is not limited to, e-cards or business cards.
2.4 Use the IMAGE for commercial products if the IMAGE is what confers substantial value to the products (this includes for example, but is not limited to, calendars, posters, T-Shirts).
2.5 Use, or allow anyone else to use the IMAGE to create material which may be considered pornographic, immoral, defamatory, fraudulent, or in any way illegal. In addition to this, you may not use the IMAGE in relation to people, entities or products in a way that could be considered derogatory of, or offensive to, those people, entities or products.
2.6 The IMAGE as stored by you must retain the copyright symbol, the name of Pilo, the IMAGE's identification numbers and any other information as may be invisibly embedded in the electronic files containing the original IMAGE.
2.7 The IMAGE may not be distributed by mobile phone devices in a way that would allow any third party to download, extract or access the IMAGE as a stand-alone file.
2.8 If the use of an IMAGE featuring a person implies that that person endorses or is in any other way connected to a product or service, you must write a disclaimer to the effect that the person is a model and the IMAGE is used for illustrative purposes only.
If you wish to request a personalised Agreement with additional rights in respect of clauses 2.1, 2.2, 2.3, 2.4 and 2.7 please e-mail us at firstname.lastname@example.org. Pilo will consider you request and revert to you within 21 days. If you do not receive a response to your request within that time, you must consider your request denied.
The copyright in the IMAGE is owned by Pilo. Pilo retains all rights not expressly granted by this Agreement.
No ownership or copyright in any IMAGE is transferred to you by virtue of this Agreement. Unless otherwise agreed in writing, if an IMAGE is reproduced by you for editorial purposes (i.e., for any non-promotional purpose) you must include the credit line "© www.pilo.net", or any other credit line subsequently specified by Pilo.
Pilo guarantees that the IMAGE is free from defects for a ninety-day period from the date on which it is downloaded. In case of defects, these must be reported to Pilo within said ninety-day period and your remedy shall be limited to either a replacement of the IMAGE or the refund of the purchase price, at Pilo's discretion.
This Agreement shall be governed by the Laws of Switzerland. If any part of this Agreement is found void or unenforceable, this will not affect the validity of the remainder of the Agreement. In case of a dispute, the competent forum will be Lugano, Switzerland.
This Agreement will remain in force for the entire duration of use of the IMAGE, subject to the terms of termination indicated below.
This Agreement shall automatically terminate upon failure by you to comply with its terms. At termination, the IMAGE must be returned to Pilo immediately.
AMENDMENTS AND CHANGES
This Agreement may only be modified in writing signed by an authorized representative of Pilo.