License Agreement
eStockMedia
License Agreement
Full License Agreement for all content purchased via estockmedia.com
This License Agreement applies to every purchase/download of content via www.estockmedia.com.
By purchasing/downloading, the Licensee accepts these terms and conditions.
§ 1 Definitions and Scope
| Licensor | estockmedia (“Licensor”, “eStockMedia”), operator of www.estockmedia.com. |
| Licensee | The natural or legal person who acquires and uses content. |
| Content / Products | All photos, graphics, vectors, video clips, animations, and other works provided via the website. |
| Signature License | Right of use, unlimited in time and geography, with maximum usage limits. |
| Absolute License | Right of use, unlimited in time and geography, without quantitative limits. |
| Native Resolution | The dimension/resolution of a product immediately available on the homepage. |
| Custom Dimensions | A special format/resolution of a product. |
| Signature | Additional design services — 1 project, 1 variation. |
| Elite | Additional design services — 1 project, 3 variations. |
| Prestige | Additional design services — 1 project, 5 variations. |
| Infinity | Additional design services — 1 project, 10 variations. |
| Bespoke Creations | The creation of individual content by the Licensee. |
| Use | Copying, reproducing, editing, synchronizing, performing, displaying, broadcasting, publishing, or any other use within this agreement. |
§ 2 Copyright and Ownership
a) All content is protected by copyright and remains the permanent intellectual property of the Licensor.
b) The Licensee does not acquire ownership of files or content, but exclusively the usage rights granted in this agreement.
c) Rights not expressly granted are reserved.
§ 3 License Types and Scope of Rights Granted
3.1 The Signature License
a) Legal Nature: Exclusive, worldwide, perpetual right of use. Copyright remains with the Licensor.
b) Stop-of-Sale: After acquisition, the content is removed from sale. Existing licenses remain unaffected.
c) Media and Projects: Unlimited number of projects and media, subject to circulation limits.
d) Purposes: Private, business, editorial, and commercial purposes.
3.3 The Absolute License
a) Legal Nature: Exclusive, worldwide, perpetual right of use. Copyright remains with the Licensor.
b) Stop-of-Sale: After acquisition, the content is removed from sale. Existing licenses remain unaffected.
c) Media and Projects: Unlimited number of projects and media, without circulation limits.
d) Purposes: Private, business, editorial, and commercial purposes.
3.4 Electronic Use
Electronic/online use is permitted in both license types in unlimited quantities, subject to § 4 and § 5.
§ 4 General Restrictions
a) Lawful Use: No use in unlawful, pornographic, defamatory, or inflammatory contexts.
b) No Single-File Distribution: Content may not be provided so that third parties can extract the raw file.
c) No Trademark/Logo Use: Content may not be used or registered as a trademark.
d) No Templating for Resale: No use in templates for resale, except with express approval from eStockMedia.
e) No False Authorship: The Licensee may not claim authorship of licensed content.
f) AI/ML/Biometric Use: Prohibited for machine learning, AI training, biometric recognition, or data scraping.
g) Personal/Copyright Rights: No edits/uses that violate copyright, personality, or property rights.
h) No Transfer/Resale/Sublicensing: Non-transferable and non-sublicensable unless expressly permitted in § 6.
§ 5 Physical Circulations and Merchandising
a) Circulation Limits — Signature License
| Media Type | Limit |
|---|---|
| Print Media (postcards, greeting cards, stationery, stickers, flyers, brochures, catalogs, business cards) | 1,000,000 copies |
| Marketing Giveaways (posters, calendars, mousepads, pens, lighters) | 100,000 copies |
| Print Media (books, magazines, journals) | 2,000 copies/title |
| Product Packaging / Shipping Material / Tote Bags | 5,000 units/SKU |
| Textiles (T-shirts, sweatshirts, jackets, hats, socks) | 5,000 units/motif |
| Entertainment Goods (CDs, DVDs, games, toys, framed artwork) | 5,000 units/product line |
| Advertising (without sale of physical product) | Unlimited |
| Film / TV / Video / Presentations | Upon request |
| Electronic Use | Unlimited |
b) Resale / On-Demand: Prohibited without written agreement if the economic value consists substantially of the content.
c) Proof / Audit: Upon request, the Licensee shall provide verifiable evidence. If an audit reveals underpayment of 5% or more, the Licensee bears the difference and audit costs.
§ 6 Authorized Users and Single-User Principle
a) Licenses apply to exactly one natural or legal person.
b) Rights are non-assignable and non-sublicensable.
c) Exception: If the Licensee acquires on behalf of an employer/client, that entity may use the content; the Licensee warrants having power of attorney.
d) Subcontractors: May use content exclusively for production/distribution of the final project.
§ 7 User Accounts and Compliance
a) The Licensee shall protect access data and inform the Licensor immediately of any misuse.
b) The Licensor may monitor downloads for compliance and, in the event of violations, block accounts and initiate legal action.
§ 8 Copyright Notice (Credit)
a) “© estockmedia” or “© estockmedia.com” may be applied where industry-standard, but is not mandatory.
b) For editorial use, the credit line is mandatory.
§ 9 Prices, Payment, Cancellation, Platform Rule
a) Fixed Prices: The license price is due upon acquisition; upon payment, the respective use is granted.
b) No Withdrawal/Cancellation: Downloads are excluded from cancellation/refund. A statutory right of withdrawal per § 355 BGB does not exist for digital content not on a physical carrier. By acquiring content, the Licensee agrees that execution begins immediately, whereby the right of withdrawal expires (§ 356 para. 5 BGB).
c) Platform Rule: If a third-party platform uses content contrary to these terms, the license for that platform ends immediately.
d) Take-Down: In the event of alleged infringements, the Licensor may demand immediate cessation of use; comparable replacement content will be provided at the Licensor’s discretion.
§ 10 Warranties and Releases
a) To the Licensor’s knowledge, content does not infringe copyright/trademark rights; required releases are available where indicated.
b) For editorial content, no representation regarding names/trademarks/architecture; the Licensee clarifies required releases themselves.
c) Any required permits for cultural assets are to be obtained by the Licensee.
d) Content is provided “as is”; no promise of suitability or error-free nature.
e) The Licensee is solely responsible for edits/integrations.
f) No guarantee for project success or economic usability.
§ 11 Liability and Indemnification
a) The Licensee shall indemnify and hold harmless the Licensor against claims arising from violations of this agreement.
b) In the event of proven breach of warranties, the Licensor shall indemnify the Licensee to a reasonable extent.
c) Claims must be reported in writing without delay.
d) The Licensor is liable without limitation for intent and gross negligence; for simple negligence, only for cardinal obligations limited to foreseeable damage.
e) No compensation for indirect, consequential, or punitive damages, as far as legally permitted.
f) Liability Cap: Limited to three times the license fee paid, except for injury to life, body, or health.
§ 12 Taxes, DRM, and Protective Measures
a) The Licensee bears all taxes/fees in connection with the use of content.
b) Embedded copyright notices and IPTC/XMP data may not be removed or manipulated.
c) The Licensee shall maintain appropriate technical measures to protect against unauthorized use.
§ 13 Data Protection and Confidentiality
a) Parties shall comply with applicable data protection law (esp. GDPR).
b) Contract content and prices are to be treated confidentially unless disclosure is required by law.
§ 14 Term, Termination, Consequences
a) The license is unlimited in time and geography, subject to termination rights.
b) The Licensor may terminate without notice for good cause (e.g., serious/continued violation).
c) After termination, use must cease and copies be deleted; lawfully manufactured physical products may be sold off.
§ 15 Force Majeure
Neither party shall be liable for delays due to events beyond their reasonable control (e.g., natural events, war, terror, strike, infrastructure failure).
§ 16 Changes, Ancillary Agreements, Order of Precedence
a) Changes must be in writing; email is sufficient if authorized by eStockMedia.
b) Conflicting purchasing conditions of the Licensee are excluded; this agreement takes precedence.
§ 17 Severability Clause
Should individual provisions be invalid or unenforceable, the remaining provisions remain unaffected. The parties shall agree on a valid provision closest to the economic purpose.
§ 18 Assignment
a) The Licensee may not assign rights/obligations without prior written consent of the Licensor.
b) The Licensor may assign to affiliated companies or legal successors.
§ 19 Notices
Legally relevant notices shall be made in writing to the addresses stored in the ordering process; deadlines begin upon receipt.
§ 20 Applicable Law and Jurisdiction
a) The law of the Federal Republic of Germany shall apply, excluding the CISG.
b) The contractual language is German. Translations serve for information only; the German version is legally binding.
c) The General Terms and Conditions of eStockMedia are also part of this contract.
d) Jurisdiction is the registered office of the Licensor.
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