About the STORY IN YOUR EYES Ltd Content Licence Agreement

Last updated: 25 March 2019

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the www.story-in-your-eyes.com website (the “Service”) operated by STORY IN YOUR EYES LTD (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

STORY IN YOUR EYES LTD Content Licence Agreement

This is a licence agreement between you and STORY IN YOUR EYES LTD that explains how you can use photos, illustrations, text (collectively “content”) that you licence from STORY IN YOUR EYES LTD. By downloading content from STORY IN YOUR EYES LTD, you accept the terms of this agreement.

STORY IN YOUR EYES LTD offers a royalty-free (“RF”) licence model. Royalty-free means that the licence fee is paid once and there is no need to pay additional royalties if the content is reused. RF content is licensed for unlimited, perpetual use, and pricing is based notably (but not exclusively) on the file size.

You may use licensed content in any way consistent with the rights granted below and not restricted. You do not have exclusive rights to use the contents: STORY IN YOUR EYES LTD can license the same content to other customers. If you would like exclusive rights, please contact STORY IN YOUR EYES LTD to discuss a buy-out.

For purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronise, perform, display, broadcast, publish, or otherwise make use of.

Restricted Uses

no unlawful use
no standalone file use: you may not use content in any way that allows others to download, extract or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
no sensitive use without disclaimer
no false representation of authorship: you may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.

Restricted Uses – unless additional license purchased

no “on-demand” products: unless you purchase a customised license, you may not use content in connection with “on demand” products (e.g. products in which a licensed image is selected by a third party for customisation of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items.
no use in Trademark or Logo: unless you purchase a custom license, you may not use content as part of a trademark, design mark, trade name, business name, service mark, or logo.

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are three exceptions:

Employer or Client: if you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of the purchase.
Seat/User restrictions for RF content: you may store licensed royalty-free content in a digital library, network configuration or similar arrangement to allow the licensed RF content to be viewed by your employees and clients, so long as there are no more than ten (10) users at any given time. If you require content be available to more than 10 users, please contact STORY IN YOUR EYES LTD to purchase additional seat licenses.
Subcontractors: you may allow subcontractors (for example your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.

Intellectual Property Rights

All the licensed content is owned by either STORY IN YOUR EYES LTD or its content suppliers. All rights not expressly granted in this agreement are reserved by STORY IN YOUR EYES LTD and the content suppliers. You may not assert any right to revenue from a collecting society in respect to photocopying, digital copying or other secondary uses of the licensed content.

Attribution

You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in production credits: “Jack Metthey/STORY IN YOUR EYES LTD”.

If the licensed content is used in an audio/visual production where credits are accorded to other providers of licensed material, you must include the following credit in comparable size and placement: “(Video) (Imagery) supplied by Jack Metthey/STORY IN YOUR EYES LTD”.

You may use the name of STORY IN YOUR EYES LTD and/or its content suppliers as necessary to give attribution, but you may not otherwise use their names, logos or trademarks without prior written approval.

Termination/Cancellation/Withdrawal

Termination

STORY IN YOUR EYES LTD may terminate this agreement at any time if you breach any of the terms of this or any other agreement with STORY IN YOUR EYES LTD, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to STORY IN YOUR EYES LTD in writing that you have complied with these requirements.

If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, the rights granted for such use shall immediately terminate, and in that event, upon STORY IN YOUR EYES LTD’s request, you agree to remove any content from such platform or website.

Refunds/Cancellation

All requests for refunds/cancellations must be made in writing (please use the contact form provided in the “Contact” section of this website). Provided that the request is made within one day (24 hours) and the licensed content has not been used, STORY IN YOUR EYES LTD may cancel the relevant order and issue a full refund to your payment instrument. No credits or refunds are available for cancellation requests received more than one day (24 hours) from your receipt of content. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.

STORY IN YOUR EYES LTD may discontinue licensing any item of content at any time in its sole discretion. On notice from STORY IN YOUR EYES LTD, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which STORY IN YOUR EYES LTD may be liable, STORY IN YOUR EYES LTD may require you to immediately, and at your own expense, cease using the content, delete or destroy any copies, and ensure that your clients, distributors and/or employer do likewise.

Representations and Warranties

For all licensed content, STORY IN YOUR EYES LTD warrants that your use of such content in accordance with this agreement and in the form delivered by STORY IN YOUR EYES LTD (that is, excluding any modifications, overlays or refocusing done by you) will not infringe on any copyrights or moral rights of the content owner/creator.

For licensed royalty-free content (excluding content marked “editorial”), STORY IN YOUR EYES LTD warrants that your use of such content in accordance with this agreement and in the form delivered by STORY IN YOUR EYES LTD (that is, excluding any modifications, overlays or refocusing done by you) will not infringe on any trademark or other intellectual property right, and will not violate any right of privacy or right of publicity.

Unless specifically warranted above, STORY IN YOUR EYES LTD does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyright audio, designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content, and you are solely responsible for obtaining such release(s).

Except as provided in this section above, the content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. STORY IN YOUR EYES LTD does not represent or warrant that the content of its website will meet your requirements or that use of the content or website will be uninterrupted or error free.

Indemnification/Limitation of Liability

You agree to defend, indemnify and hold harmless STORY IN YOUR EYES LTD and its content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out or in connection with (i) your use of any content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with STORY IN YOUR EYES LTD; (iii) and your failure to obtain any required release for your use of content.

STORY IN YOUR EYES LTD will not be liable to you or any other person or entity for any lost profits, punitive, special, indirect, consequential, incidental or other similar damages, costs or losses arising out if this agreement, even if STORY IN YOUR EYES LTD has been advised of the possibility of such damages, costs or losses.

General Provisions

This agreement is personal to you and is not assignable y you without STORY IN YOUR EYES LTD’s prior written consent.

Upon reasonable notice, you agree to provide STORY IN YOUR EYES LTD sample copies of projects or end uses that contain licensed content, including by providing STORY IN YOUR EYES LTD with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, STORY IN YOUR EYES LTD may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to STORY IN YOUR EYES LTD of five per cent (5%) or more the amount you should have paid, then in addition to paying STORY IN YOUR EYES LTD the amount of the underpayment and any other remedies to which STORY IN YOUR EYES LTD is entitled, you also agree to reimburse STORY IN YOUR EYES LTD for the costs of conducting the audit.

You agree to retain the copyright symbol, the name of STORY IN YOUR EYES LTD, the content’s identification number and any other information or metadata that may be embedded in the electronic file contains the original content, and to maintain appropriate security to protect the content from unauthorised use by third parties. You may take one (1) copy of the content for back-up purposes.

All notices required to be sent to STORY IN YOUR EYES LTD under this agreement should be sent via e-mail using the contact form provided in the “Contact” section of tis website.

You agree to pay and be responsible for any and all sales taxes, use taxes, value-added taxes, withholding taxes and duties imposed by any jurisdiction as a result of the license granted ted to you, or of your use of the license content.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by STORY IN YOUR EYES LTD.

STORY IN YOUR EYES LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that STORY IN YOUR EYES LTD 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United Kingdom without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us (use the contact form contained in the “Contact” section of this website).