It is the intention of Karen Sarraga of Karensarragaphotography.com that these conditions shall be in plain English and users of this site agree, by using the site, that the spirit as well as the wording shall be taken into account.
The following is an agreement between you or the employer or other entity on whose beahlf you are entering into this agreement (licensee) and Karen Sarraga of karensarragaphotography.com (copyright owner of image). By using this site for any purpose you agree to be bound by the terms and conditions of this agreement which may change without notice and you agree to be bound by such changes.
Symbiostock: Linked community of individual copyright holders making their images available through their own sites.
You, Licensee, End User: person or entity licensing image.
Me, My, Us, I, We, Our, Artist: Karen Sarraga of karensarragaphotography.com – Copyright owner who confirms that the work offered for sale is solely their own work and owned and created by them.
Copyright: Intellectual Property right owned by the photographer/designer/artist of photographs, pictures, drawings, designs, vectors.
Image: Photograph, vector, illustration, drawing, painting, brush set, any licensable item.
2. License Terms
Limited Standard License
On receiving full payment for specific high resolution image(s) I grant the End User a perpetual, non-exclusive, non-transferable worldwide License to use the image in the following ways:
Allowed Personal Use granted to you, the licensee, by the purchase of a license includes:
- Personal blogs (up to 800 pixels on longest side)
- Flyers or newsletters for your private organization or clubs
- Personal invitations or cards
- Classroom and educational use
- Decorative use in a private home
Allowed Commercial Use granted to you the licensee by the purchase of a license includes:
- Print media up to 100,000 copies in books and book covers (including e-books), newspapers, magazines and other similar printed media.
- Print advertising including promotional materials and packaging
- Single fine art print for commercial display
- Promotional posters, prints and flyers (not for resale)
- Individual or client website design (excludes web templates for resale)
- Video and broadcast use
- Web and mobile applications
- Editorial use in blogs and news articles
- Client designs for websites, menus, advertising and promotional materials.
In situations where you create derivative works through incorporation of or based on one or more images, the rights in and to those images continue to be owned by the Copyright holder and are subject to your rights to use the images pursuant to the terms and restrictions of this agreement.
This list is not exhaustive, see restrictions below or contact Copyright holder with any questions.
Extended or Special Licenses
- Extended License is required for merchandise for resale such as calendars, mugs, clothing, greeting cards, invitations (online or print), multiple fine art prints and any print runs over 100,000 items. Contact Copyright holder for terms and fees. License applies to full production merchandise runs and specifically excludes use of images on print on demand sites. Restrictions as below will apply.
- Exclusive Rights License is required for exclusive rights to Image for a limited period and specified use. On receiving full payment (price to be agreed) for specific high resolution image(s) the copyright holder agrees to exclusively license the rights of said image(s) and remove it from sale anywhere else it may appear, within the agreed upon time and for the agreed upon time limit. This image may have previously been licensed and be in use elsewhere, and there may be similar images shot at the same time which will remain available. Contact Copyright holder for terms and fees. Restrictions as below will apply.
- Editorial Images – Images marked as Editorial in the description will have no copyright or intellectual property releases and may contain copyrighted material or trademarks. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).
The Licensee/End User agrees that:
Images will not be used for sensitive topics without my prior written agreement. Sensitive topics include (but are not limited to):
- Models with mental or physical health issues,
- Sexual orientation or sexually related topics
- Substance abuse
- Criminal offenses
- Political endorsements,
- Subjects that could be considered offensive, demeaning or unflattering.
Image may not be used as trademark, service mark or logo unless copyright release is purchased
Images will not be sub-licensed, assigned, transferred, given away, made available via on-line or other database, this includes Facebook, Flickr, Pinterest and similar sharing sites. The exception to this is if you have licensed the image for a client (e.g. website, advertising) whereas in such case you must keep detailed records and make them available to the Copyright holder if requested. This is only likely to be required should an IP query arise. You may use the licensed image for one client. Should you wish to use the same image for another client you must license it again.
Once you have completed payment for the license to use the Image, you are granted a non-exclusive, non-transferable right to use and reproduce the image in printed materials, or any electronic or digital form. In the latter case, each image should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed and the image size in use must less than 800 pixels on the longest side.
“Non-transferable” means that the work you produce using a licensed Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone the Image, or the right to use an Image, and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Image.
Copyright remains with the artist even if the licensed image is incorporated into other images or media.
Images will have copyright details and metadata retained with the image and image shall be credited whenever possible – this includes without exception all web use, book and editorial using one of the following formats:
© Karen Sarraga, karensarragaphotography.com
© Karen Sarraga
If you have any queries, contact Copyright holder
4. Intellectual Property, Liability and Indemnify Limitation
You shall indemnify and defend the photographer against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (a) a breach of this Agreement, (b) the use or modification of any Image or combination of any Image with any other material, (d) your failure to abide by any restriction regarding the use of an Image, or (e) any claim by a third party related to the use of an Image, alone or in combination with any other material. The photographer warrants ownership of the copyright for the Image. By using this site you understand that you take responsibility and assume all risk without limitation.
Karen Sarraga and Karensarrgaphotography.com do not bear any responsibility for any shut-down of the site resulting in loss of profit, business information or any other financial losses regardless of whether it is due to navigation, technical, infringement, negligence, contract liabilities or other similar cases or situations or not.
By using this site you agree to indemnify and hold Karen Sarraga and Karensarragaphotography.com harmless from and against all claims, losses, damages, liability, costs, expenses incurred. Karen Sarraga and Karensarragaphotography.com have done their best to ensure that there are no Intellectual Property infringements within their images available to license and permission from recognizable model’s will have been obtained, with the exception of those images marked as Editorial. It is however the licensee’s responsibility to ensure that the image(s) they download are fit for the purpose to which you wish to put them.
5. Applicable Law