Terms of Service Effective: January 14, 2018
The Term “Licensed Good” refer to any media content that Licensee download from goodinfonetwork.com website under “Art” category. Any User that represents a company is required to have the authority as an entity, and is stating they have full consent and authority to make such binding decisions.
1. Subject Matter
Licensee may use (modify, edit, or publish) content purchased in any way that is not restricted (see Restricted Uses below).
Licensee may not resell, relicense, redistribute without express written permission from Licensor. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Licensed Good may not be incorporated into trademarks, logos, or service marks and may not be made available for download.
Licensee may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
The Licensee accepts a non-exclusive right in terms of conditions of this License Agreement to modify, edit and publish the Licensed Good worldwide. Licensor retains all rights, license, copyright, title and ownership of the Licensed Good.
There is no expiration or end date on Licensee’s rights to use the content. By downloading the Licensed Good, Licensee earns non-exclusive rights to use it: Good Info Network can license the same content to other customers.
Licensee may not falsely represent that he/she is the original creator of a work that is made up largely of licensed content. For instance, Licensee cannot create a painting or image based solely licensed content and claim that Licensee is the author.
If Licensee uses content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
Licensor offers two types of licenses: standard and enhanced license. Every file downloaded from website comes with a standard license. An enhanced license gives Licensee additional rights in exchange for an additional license fee. Unless Licensee purchases an enhanced license, his/her use of content is subject to the standard license terms.
Licensee can license files from goodinfonetwork.com with a monthly subscription. That allows Licensee to download a certain number (10, 50, 100 or 200) of photos per month.
Licensee may not use content in connection with any goods or services 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.
Licensee may not use content in electronic or digital templates intended for resale or other distribution
The rights granted to Licensee are non-transferable and non-sublicensable, meaning that Licensee cannot transfer or sublicense them to anyone else.
Changes and Improvements by the Licensee
All improvements to the Licensed Good have to be reported by the Licensee to the Licensor. Improvements in this sense include any advances which can be directly used or applied by the Licensed Good and which are patentable. If the Licensor participated in this development he/she possess the right to be considered as part of a joint venture as well as the right to be licensed to the new technology. Both parties agree to undertake further negotiation processes in good faith.
Improvements by the Licensor
The Licensors agrees to inform the Licensee about all improvements to the Licensed Good. The Licensee has the right to be licensed to the respective new technology by the conditions of this License Agreement.
Licensor informs Licensee about improvements by publishing it on the website, www.goodinfonetwork.com.
The Licensor and the Licensee agree about a lump sum as stated in exhibit of this agreement. The lump sum has to be paid when Licensee downloads the image from goodinfonetwork.com website. Therewith the license is fully-paid-up and no further financial requirements will emerge.
In case of financial disadvantages following an infringement due to a third party producing, practicing or selling the Licensed Good without permission by the Licensor, the parties shall meet for agreement over appropriate actions. Licensee and Licensor will share the costs of eventually necessary legal effects by 25% and 75% respectively.
5. General Considerations
5.1. Representations and Warranties
The Licensor represents and warrants the Licensee :
a) Licensor owns the Licensed Good and its legal property rights, which gives the right to grant the respective license. The Licensor possess the contractual right to grant the License in case of improvements of the Licensed Good.
b) The use of the Licensed Good is to be implemented pursuant to the knowledge of Licensor without any exceptions.
c) The Licensor will inform the Licensee immediately in case legal changes affecting the Licensed Good emerge. Such changes will be published on goodinfonetwork.com website.
Licensee agrees 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 him/her, or of his/her use of the licensed content.
5.3. Licensor and Licensee Obligations
a) The Licensor provides the relevant technology required for the use of the Licensed Good
b) The Licensor maintains the power of the license in the territory.
The Licensee takes properly care of the entrusted Licensed Good and other properties of the Licensee.
Except in the case of subscriptions, this agreement is effective until it is terminated by either party. Licensee can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Licensor may terminate this agreement at any time if Licensee fails to comply with any of the terms, in which case Licensee must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Licensor in writing that Licensee has complied with these requirements.
Licensor 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 Licensor.
All requests for refunds/cancellations must be made in writing. If the request is approved, Licensor will issue a credit to Licensee’s account or credit card. In the event of cancellation, Licensee’s rights to use the content terminate, and Licensee must delete or destroy any copies of the content.
8. Limitation of Liability. LICENSOR WILL NOT BE LIABLE TO LICENSEE 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 LICENSOR 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.
9. Governing Law
This Agreement will be interpreted and construed according to, and governed by, the laws of California. Any dispute regarding this agreement shall be examined under jurisdiction of these laws.