By purchasing an Image with a standard license Frankfurt Photography grants you a non-exclusive, non-transferable, worldwide, perpetual, right to use, modify, and reproduce the Image in the following ways, subject to the limitations set forth herein and hereof:
a. On websites;
b. In print media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile "apps"), and opt-in e-mail marketing, provided that no Image is reproduced more than two hundred fifty thousand (250,000) times in the aggregate, and that the Images cannot be readily unincorporated from such digital media or software;
c. Incorporated into film, video, multimedia presentations, or advertising for broadcast, public performance, or streaming provided that the intended audience consists of fewer than two hundred fifty thousand (250,000) viewers, in the aggregate;
d. Incorporated into print or digital material intended for public display, including trade show booths or point of sale materials, excluding so-called Out of Home advertising, provided that the intended audience consists of fewer than two hundred fifty thousand (250,000) viewers in the aggregate;
e. For decorative purposes solely for your own personal, non-commercial use, not for resale, download or distribution, or any other commercial use
f. If your desired use is not set forth above, or if you need to reproduce an Image more than 250,000 times, please contact me.
g. In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by Frankfurt Photography, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein
YOU MAY NOT:
1. Use an Image other than as specified above.
2. Make Images available on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such Images.
3. Resell, redistribute, provide access to, share or transfer any Image except as specifically provided herein. Uploading any Image to a web site at a resolution that exceeds the display resolution of the intended viewing device will be deemed to be an attempt to redistribute the Image.
4. Publicly display an Image: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions intended to prevent the use of such Images by third parties, unless the Image is incorporated into a design with text or other content, and the overlaid or embedded text or other such content covers an area of at least 33% of the display size of the Image. Unless expressly permitted by this agreement, no other person may use Images which you have licensed hereunder.
5. Produce or otherwise create for resale or distribution, printed reproductions of any Image as wallpaper or wall art, on billboards, or on canvas, paper, plastic or any other medium, unless such reproduction is expressly permitted above.
6. Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-customized on-demand products of any kind using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.
7. Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content.
8. Use an Image in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.
9. Use an Image in a way that depicts any person therein in a way that a reasonable person might find offensive - this includes, but is not limited to the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products or services, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image 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.
10. Use any Image on a social media platform or other third party website that claims to acquire rights in the Image contrary to these TOS as a result of such use. Upon our request, you shall immediately remove any Images from such platform or website.
11. Use Images as the basis for any individual or collection of physical or digital merchandise or promotional items, which you offer for sale, including the creation of a digital or print greeting card line based on our Images.
12. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.
13. Falsely represent, expressly or by way of reasonable implication, that any Image was created by you or a person other than the copyright holder(s) of that Image.
14. Stockpile or otherwise store downloaded Images that are not used within twelve (12) months of the date on which you first downloaded such Image. If you fail to use an Image within twelve (12) months from the date of your first download of that Image, you lose all rights to use that Image.