This is a legal agreement between You or the Organization on whose behalf you are undertaking the License described below (“Licensee”) and brandsushi.com (“brandsushi”). This agreement applies to licenses issued via the world wide web and is applicable to online, digital and analog (physical) delivery of Licensed Material.
Last updated: November 1, 2010
- brandsushi products are intended for professional photographers and their individual studios to create printed pieces and marketing materials for their studio and their retail clients using their photographs. brandsushi products are not intended to be used by graphic designers, design studios or agencies to produce commercial resale products.
- “Licensed Material” means any digital still image, graphic, icon, or template, visual representation generated optically, electronically, digitally or by any other means including copies, prints, digital files or reproductions thereof of the material. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.
3. Grant of Rights
- The Licensed Material is not being sold; it is being provided to the Licensee under the terms of this agreement, which allows for use of Licensed Material but does not transfer ownership. Ownership remains with brandsushi;
- Licensee has the non-exclusive, non-transferable, non-sub licensable right to use the Licensed Material an unlimited number of times for the following commercial or personal purposes (together the “Permitted Uses”) subject to the restrictions set forth in the Agreement. Any uses other than the Permitted Uses must be approved by brandsushi in writing.
- Permitted Uses include the following:
Print publications and physical products;
Electronic publications including website design;
Advertising and promotional materials;
Corporate identity documents, and letterhead (used as design elements);
To decorate your home, your office, or your photography studio;
A. Examples of correct usage include:
Resale of derivative designs as completed cards or photographic prints with Licensee’s photographs in printed format to Licensee’s photography clients;
Resale of derivative designs as completed designs with Licensee’s photographs in flattened digital (e.g. .JPG) format;
B. Examples of incorrect usage include:
Consumer or commercial resale of the Licensed material in original form;
Creation of design derivatives for sale or delivery to a third party (i.e. a designer or studio producing designs for other studios or individuals who are not the final recipient of the design derivatives);
4. Licensee may alter, crop, manipulate and create derivative works of the Licensed Material;
5. Licensee’s rights to the Licensed Material are worldwide;
6. Unauthorized use will results in immediate termination of this license, and with it, Licensee’s rights to use the Licensed Material.
- Licensee may not rent, sublicense, sell, assign, convey or transfer Licensed Material, this Agreement or any of its rights under this Agreement. Licensee may not include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products;
- Licensed Material may not be incorporated into a logo, trademark or service mark;
- Licensee may not post the Licensed Material online in a downloadable format or enable it to be distributed via mobile devices.
- Licensee may not use Licensed Material in electronic items for resale, such as website templates, electronic devices (i.e. computer, iPhone, phones, etc.) software applications, document templates, wallpapers, screensavers, e-cards or similar products that Licensee intends to sell or distribute;
- Licensee may not use Licensed Material on physical items for resale via “print on demand” items such as t-shirts, postcards, mouse pads, coffee mugs, calendars (e.g. on sites like Cafepress), or on any similar mass produced items that would contain the Licensed Material in whole or in part;
- Licensee may not use the Licensed Material for pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, or cultures;
- No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement. Except as expressly stated in this Agreement, brandsushi grants to Licensee no right or license, express or implied, to the Licensed Material.
6. Termination & Revocation
- The license contained in this Agreement will terminate automatically without notice from brandsushi if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) destroy the Licensed Material; and (iii) delete or remove the Licensed Material from Licensee’s premises, computer systems and storage (electronic or physical) and promptly confirm same to brandsushi in writing;
- brandsushi reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of such license, Licensee shall immediately cease using such Licensed Material. Licensee shall delete all electronic copies of Licensed Material from its electronic storage media, confirming the same to brandsushi in writing.
7. Warranty and Limitation of Liability
- The Licensed Material provided under the terms of this License are owned by brandsushi. Licensee is urged to fully test the Licensed Material prior to printing of final products. BRANDSUSHI HEREBY DISCLAIMS ALL LIABILITY FOR INCIDENTAL, CONSEQUENTIAL AND SPECIAL DAMAGES ARISING OUT OF ANY DEFECTS IN MATERIALS AND WORKMANSHIP INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE.
- Licensee shall defend, indemnify and hold brandsushi and its respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys’ fees and permitted and authorized costs), arising out of or as a result of claims by third parties relating to Licensee’s use of any Licensed Material outside the scope of this Agreement and any other breach by Licensee of this Agreement.
- These terms and conditions are all the terms and conditions that apply to this License. No other terms or prior understandings shall be used to alter the plain meaning of these terms or to expand the License unless subsequently agreed to in writing by the parties in amending this License.
Note: The price of the Commercial License for each brandsushi product is available at item’s preview/download page.