LAST UPDATED ON: July 23rd 2015
This Agreement governs the terms by which you may use stock photography, illustrations, animations, video, footage, and other media (referred to as “item” or “items” in this agreement, all of which constitute the “content” of the Website as used in this contract) on http://www.gimmeges.com or otherwise made available by Gimmeges (the “Site”).
This agreement may be revised or updated without notice. You are advised to review it regularly.
The use of the Website
You warrant that You are of legal age to use the Website and to create binding legal obligations for any liability You may incur as a result of the use of the Website. You agree that You are responsible for all of your use of the site.
This website and its contents (the “Content”) are intended for users of Gimmeges. You may not use the Website or the Content for any purpose not related to your business with Gimmeges. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the website or the Content without or in violation of, a written license or agreement with Gimmeges; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the website or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Gimmeges product or service if you are not expressly authorized by such party to do so; and (e) using the Website or the Content other than for its intended purpose, as determined solely by Gimmeges, including but not limited to, to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others, and/or to publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
You may not interfere with the security of, or otherwise abuse the Website or any system resources, services or networks connected to or accessible through the Website. You may only use the Website for lawful purposes.
Item license agreement
This is a legal agreement between You and the owners of Gimmeges which governs the use of non-watermarked content (“Items” or any other items constituting content) or any other content downloaded from the Website. By downloading any content You agree to be bound by the terms of this Agreement implicitly, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download any content.
All content on the Website is copyrighted and it is the property of Gimmeges or its providers. All rights are reserved unless otherwise granted to You. Your rights to use the content are subject to this agreement and the restrictions specified at each item.
We hereby grant to You a non-exclusive, non-transferable license to use any content on the terms and conditions explained in this Agreement and on the preview page FREE OF CHARGE.
You may use any content
- In digital format on websites, multimedia presentations, broadcast film and video, cell phones.
- In printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.
- Along with your corporate identity on business cards, letterhead, etc.
- To decorate your home, your office or any public place.
You may not use any content
- For pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimize other people, societies, and cultures.
- In any way that can give a bad name to Gimmeges or the person(s) depicted in the content.
- SELLING AND REDISTRIBUTION OF THE CONTENT (INDIVIDUALLY OR ALONG WITH OTHER ITEMS) IS STRICTLY FORBIDDEN!
Always ask permission from the photographer if you want to use any content depicting people!
Information on Rights
Since Gimmeges does NOT require a written Model Release for each item that has identifiable people on it, We cannot guarantee that you will be able to use the content for any purpose You like. Also, if there is a model release for an item, We do not represent or make warranties whatsoever as to the legality or validity of it.
Furthermore, certain items may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. Gimmeges does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It is your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the item.
You acknowledge that by your download the ownership of the content does not get transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the content or the right to use it to anyone else. The work You create with the item must be used either by yourself or by your client. You warrant that You do your best to prevent third parties from duplicating the item.
Gimmeges cannot be held responsible for any copyright violations, and cannot guarantee the legality of the items stored in its system. If you want to make sure, always contact the website representatives. You use the site and the photos at your own risk!
Gimmeges and its members do their best to provide accurate information on items and on the services of the Website, however against all our efforts there can be some typographical, categorization and technical errors on it. Gimmeges cannot be held liable for any losses or damages resulting from the inaccuracy of any information on the Website.
Background of Agreement
(a) By choosing to download or to use in any way any content provided by Gimmeges you accept this Agreement and agree to be bound by its provisions. If you are accepting on behalf of your employer, client or other entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer, client or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept this Agreement and do not download the Content.
(b) In this Agreement: (i) “you” means you or, if you are accepting on behalf of your employer, client or member account entity, then “you” means that employer, client or entity; (ii) “Gimmeges” or “we” means the party identified as owners and operators of Gimmeges; and (iii) “Content” respectively “item” means any photographic article, illustration, animation, Flash file, film or video footage, visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.
Subject to the Prohibited Uses in this agreement and the termination provisions, Gimmeges hereby grants to you a perpetual, non-exclusive, non-transferable, non-sublicensable, and worldwide right to display, use, reproduce, publish, alter, and manipulate, in an unlimited number of projects, in whole or in part, via any medium, and by whatever means, the Content for any purpose (the “Permitted Use(s)”). All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Gimmeges or the supplier of the Content, as the case may be.
(a) Prohibited Uses. You may not:
- use the Content in electronic or digital template applications intended for resale or other distribution, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
- use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products (e.g. products in which Content is selected by a third party for customization of such product on a made to order basis) including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as zazzle.com and cafepress.com);
- use the 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 on any other media) or other items for resale, license or other distribution for profit;
- use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
- incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card websites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
- use the Content in a fashion that is considered by Gimmeges (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
- If any Content featuring a model or property is used in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement adjacent to the Content that indicates that: (i) the Content is being used for illustrative purposes only; and (ii) any person depicted in the Content, if any, is a model, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself;
- to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
- remove or modify any notice of copyright, trademark or other proprietary right , or any other copyright management information or metadata, from any place where it is on or embedded in the Content;
- sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
- only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide. You may install and use the Content on only one computer or other electronic device at a time. You may physically transfer the Content and its archives from one computer or electronic device to another, in which case you may use the Content at the new computer or electronic device instead. If you require the Content to be in more than one computer or other electronic device or accessible by more than one person within your organization, you must license the Content from the Site for each such use or obtain an Extended License for a multi-seat license for the Content. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy;
- use or display the Content in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement;
- use Content identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Content means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
- use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “© Gimmeges”;
- either individually or in combination with others, reproduce the Content, or an element of the Content, in excess of 500,000 times in physical (hard-copy) prints.
- If the Content is reproduced on a social media platform or other third party website, (i) the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Content contrary to the terms of this Agreement, and (ii) in such event, upon Gimmeges’s request, you shall remove any Content from such platform or website at your own expense.
Editorial Use Only
Files for Editorial Use Only cannot be used for any commercial purposes. These files may contain identifiable brands, locations or people without the proper legal releases needed for commercial use.
Editorial-Use-Only files can be used for:
- Editorial purposes: newspapers, magazines, editorials, newsletters
- Non-commercial uses relating to events that are newsworthy or of general interest
Editorial-Use-Only files cannot be used for:
- Any commercial use
- Any advertorial use (sections or supplements featuring brand or product names, or sections or supplements for which you receive a fee from a third party advisor or sponsor)
Term of Agreement
(a) This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from Gimmeges if at any time you fail to comply with any of the terms of this Agreement or for any other reasons Gimmeges finds justifiable. Upon termination, you must immediately cease using the Content for any purpose; destroy or delete all copies and archives of the Content or accompanying materials; and, if requested, confirm to Gimmeges in writing that you have complied with these requirements.
(b) Gimmeges reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. The license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist at your own expense.
(c) Upon notice from Gimmeges, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another’s right for which Gimmeges may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise.
All materials (including the organization and presentation of such material) on this website (the “Materials”) are the property of Gimmeges and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.
Unless you have entered into a separate agreement with Gimmeges any use of these Materials without Gimmeges’s written permission is prohibited.
The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.
Gimmeges and any other product or service name or slogan contained in the Site are property of Gimmeges and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Gimmeges or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing “Gimmeges” or any other name, trademark or product or service name of Gimmeges without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Gimmeges and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of Gimmeges or its affiliates or representatives. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Currency of Website
Gimmeges updates the information on this website regularly. However, Gimmeges cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website.
Gimmeges may revise, supplement or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors at any time.
This website may provide links to third party websites for your convenience only. The inclusion of these links does not imply that Gimmeges monitors or endorses these websites. Gimmeges does not accept any responsibility for such websites. Gimmeges shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
Internet Software or Computer Viruses
Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this website. Computer viruses or other destructive programs may also be inadvertently downloaded from this website.
Gimmeges shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Materials from this website. Gimmeges recommends that you install appropriate anti-virus or other protective software.
Web Site and Materials Provided “As Is”
THIS WEB SITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GIMMEGES DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
Gimmeges Representations and Warranties
(a) For Content identified as “Editorial Use Only”, Gimmeges does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, designs or works of art or architecture depicted therein. In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of the Content identified as “Editorial Use Only”, and shall be responsible for obtaining such release(s). Please know that by accepting this agreement you agree that you shall not hold responsible Gimmeges or its representatives for any categorization of any content. Therefore by using any content provided by Gimmeges you are solely responsible for using an item in accordance with its categorizing.
(b) While we have made reasonable efforts to correctly categorize, keyword, caption and title the Content, Gimmeges does not warrant the accuracy of such information. Additionally, Gimmeges does not warrant the accuracy of any metadata that may be provided with the Content.
(c) OTHER THAN AS EXPRESSLY PROVIDED IN SECTION (a), THE CONTENT IS PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. GIMMEGES DOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT GIMMEGES) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF YOU ARE DOWNLOADING CONTENT THAT IS IN A FLASH FORMAT OR FILE (WHETHER .SWF OR OTHERWISE), EXCEPT AS EXPRESSLY PROVIDED IN SECTION (a), GIMMEGES MAKES NO REPRESENTATION OR WARRANTY RESPECTING SUCH CONTENT WHATSOEVER, WHETHER AS TO OWNERSHIP, TECHNICAL OR LEGAL COMPLIANCE, OR OTHERWISE.
THE WEBSITE AND THE ITEMS ARE PROVIDED “AS IS”. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY ITEMS, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
GIMMEGES SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE ITEMS.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.
We may link to websites, including those of our subsidiaries and third-party content providers that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.
You agree to indemnify, defend, and hold harmless Gimmeges, its representatives and collaborators against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use or the inability of use of any content, your failure to abide by any restriction regarding the use of the content provided by Gimmeges, or any claim by a third party related to the use of any content provided by Gimmeges.
You agree to indemnify, defend and hold Gimmeges, its affiliates, its Content providers and their respective representatives and collaborators (collectively, the “Gimmeges Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any Gimmeges Party as a result of or in connection with any breach or alleged breach by you or anyone acting on your behalf of any of the terms of this Agreement.
IN NO EVENT SHALL GIMMEGES OR ANY OF ITS AFFILIATES OR REPRESENTATIVES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
NOTWITHSTANDING ANY OTHER TERM HEREIN, GIMMEGES SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, YOU AGREE THAT GIMMEGES HAS NO LIABILITY UNDER THIS AGREEMENT AND ANY OTHER AGREEMENT UNDER WHICH YOU HAVE LICENSED THE SAME CONTENT FROM GIMMEGES, REGARDLESS OF THE FILE SIZE, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER.
This website is controlled, operated and administered from within the Alba County, Romania. This website can be accessed from all provinces and territories, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Alba County, Romania, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the Romanian laws (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Alba County and acknowledge that you do so voluntarily.
Any use of Content in a manner not expressly authorized by this Agreement constitutes copyright infringement, entitling Gimmeges to exercise all rights and remedies available to it under copyright laws around the world.
You shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition to other termination rights hereunder, Gimmeges reserves the right to terminate this Agreement in the event you enter in to this Agreement after having received notice of unauthorized use from Gimmeges relating to the Content.
The arbitration proceedings shall be conducted in Romanian and all documentation shall be presented and filed in Romanian. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this Agreement. The prevailing party shall be entitled to recover its reasonable legal costs relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, Gimmeges shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Gimmeges, such action is necessary or desirable. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
- Gimmeges has no obligation concerning such information;
- the information is non-confidential;
- Gimmeges may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and the information is truthful and disclosure of the information does not violate the legal rights of others.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF GIMMEGES AGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND GIMMEGES, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND GIMMEGES RELATING TO THE SUBJECT OF THIS AGREEMENT.