ELZÉ PHOTOGRAPHY CONTENT licenses AGREEMENT
This is a license agreement between you and Elzé Photographie which explains to you how you may use the photographs as well as the content of this platform. By downloading content from this platform, you agree to all the terms of this agreement.
1. The types of licenses offered by Elzé Photographie:
There are two types of licenses available to you: Standard and Extended. Each electronic file downloaded from this platform is linked to the standard license. The extended license, on the other hand, gives you additional usage rights. The cost of the latter depends on the license chosen. Unless you have purchased a license, use of the content is tied to the standard basic license.
You may use the watermarked images of the Elzé Photographie site for restricted use complementary to your purchase, use intended for tests, sketches or samples (model use) only. Watermarked images may no time be used in final material or material made available to the public. Their use is available for 30 days after downloading.
2. Use of licensed content:
You may use the content as you wish as long as it doesn't fall under the restrictions mentioned below. The rights granted to you by Elzé Photographie are, taking into account the restrictions and the rest of the terms of this present contract:
Perpetual: meaning that there is no expiration or end date on your rights to use the content. Perpetual in this context meaning for the duration of the existence of copyright to the work.
Non-exclusive: This means that the content you download is not exclusive to you. Elzé Photographie can therefore license this content to other clients. However, it is possible to purchase content that will be exclusive to you. Please contact us to make a request (link to the contact page).
Unlimited: which means you can use the downloaded content for an unlimited number of projects and on various media.
For the purposes of this contract, “use” means to copy, reproduce, edit, display, distribute, publish or make use of.
As an example, you can use licensed content in the following ways: websites, blog posts, social media, advertisements, marketing campaigns, company presentations, newspapers, magazines, books, film and TV productions, apps web or mobile, product packaging.
Please make sure you read and understand the content of the licenses as well as the restrictions for proper content use and be aware of the exceptions.
Illegal Use Prohibited: Content must not be used in pornographic, defamatory or any other unlawful manner. Commercial Use of Content For “Editorial Exclusive Use” Prohibited: Content may not be used as exclusive content for commercial, promotional, infomercial, sponsorship, advertising or merchandising purposes. You do not have permission to use the content in these types of publications. To obtain exclusive content, please contact us (link to the contact page). Use as a stand-alone file prohibited: You may not use the content in such a way as to allow others to download or redistribute it as a stand-alone file, i.e. as an independent file, separate from the project or of end use. Use in a prohibited trademark or logo: Unless you have acquired an extended license for such use, you may not at any time use the content (in whole or in part) to create a distinctive element of a brand, a brand-image, a trade name, a company name, a service mark or a logo. You also do not have the right to register (in any jurisdiction whatsoever) such content, in whole or in part, as a trademark.
Warning for sensitive use required: If the content used contains a model or a property related to a subject that is unflattering or of great controversy for a reasonable person (example: sexually transmitted disease), you must indicate: (1) that the content is used for illustration purposes only and (2) that any person or company / property appearing in this content is a model. False Declaration of Paternity on Undertaken Work: You cannot qualify as the original creator of a work consisting largely of licensed content. For example, you cannot create a pastel drawing that is based solely on licensed content and claim authorship.
Forbidden Resale Product Use: Use of the content for goods and services for resale or distribution, unless you have purchased an extended license. This includes, but is not limited to, cards, stationery, paper products, calendars, clothing, any type of posters, DVDs, mobile apps or other products intended for resale, license or other types of commercial distribution. This is also prohibited for "on demand" products made through custom websites as well as sites such as Vistaprint, Zazzle and others.
Use for electronic models prohibited: Use of the content in electronic or digital models intended for resale or other types of distribution (for example: website models, business card models, calling card models, electronic greeting cards, brochure design templates, etc.). This use is prohibited unless you have purchased an extended license.
- Resale products / Digital models
- Standard license
- Extended license
- Up to 100,000 postcards, greeting cards or other cards, stationery, stickers and paper products;
- Up to 10,000 posters, calendars or other similar publications, mugs or mouse pads;
- Up to 2,000 items of clothing, home accessories, games, toys, hobby items such as CDs or DVDs, framed or mounted works of art;
- Unlimited for electronic products such as mobile apps and electronic models;
Limited Edition Print: The standard license for allows content to be reproduced 500,000 times or less in physical print. If you want to print larger quantities, be sure to purchase an extended license.
- Print run
- Standard license
- Less than 500,000
- Extended license
4. Other than you, who may use the content:
The rights granted you in downloading content from this site do not allow you to sublicense under any circumstances, that is, you may not assign or license these rights to other people. There are two exceptions:
Employer or Client: If you purchase content for your employer or client, they may use the purchased content. However, you must declare and guarantee that you hold full power to bind your employer or client under this contract. If you don't have that power, then your employer or client won't be able to use the purchased content.
Subcontracting: You may give the right to subcontractors (for example, a printer or a publishing house) or distributors to use the content that you have downloaded. Use is permitted only for the production or distribution process related to your final project or use. They may not, under any circumstances, use this content for other purposes.
5. Intellectual property rights:
- Who owns the content? All content on the Elzé Photographie site is the property of Eléna Marsolais or the artists who provide photographic works. All rights not granted by this contract belong to Éléna Marsolais or to the artists who provided works.
- Photo credit / attribution: whenever possible, photo credit should always follow the photo. For commercial use, when this is not possible, credit is not required, but if the uploaded content is used for editorial use, the following credit must accompany the content or at least appear in the visual production credits : “Elzé Photographie” or “elzephoto.com/name of the photographer”.
6. User accounts:
You are at all times responsible for monitoring each of your user accounts and you agree to: (1) maintain the security of all your passwords and user names, (2) inform Elzé Photographie following any unauthorized use or affecting any other breach of security and (3) accept full responsibility for any actions taken in your accounts.
<pElzé Photographie reserves the right to monitor the actions and downloads that are made in user accounts to ensure that the activities comply with the terms of this contract. If Elzé Photographie concludes that you are violating the terms in any way, it could block access to your account and initiate all manner of proceedings to enforce its rights.