Tibilis.com License Agreement
Tibilis.com Terms & Conditions – Rights Protected
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND STOCK ILLUSTRATIONS LTD., (hereafter “TIBILIS.COM”). BY DOWNLOADING OR USING ANY TIBILIS.COM IMAGES ON THE STOCK SECTION OF THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
PERMITTED USAGE
Tibilis.com grants you a personal, nontransferable, nonexclusive right to copy the Images you have selected and paid for, onto your computer hard drive or other data storage device and to use the Image and any derivative works or copies (collectively, the “Image”) on the terms agreed on purchase of this Image.
Tibilis.com has developed and uses an electronic rights management system (RM) on the site for determining the price for each Image according to the intended usage of the Image (Image size, length of time used etc.).
When describing the intended use of the Image in the process of determining the price for each Image, you agree to use the Image in the way described by yourself. If you want further use of the Image, multiple usages of the same Image or a use that is not described in the online system, you may contact Tibilis.com at customerservice@tibilis.com for a quote and a price to be determined. You may only use the Image in a way above the initial use you described electronically at purchase after a price has been agreed and electronic receipt of payment has been confirmed.
You may modify the Image in one or more of the following ways only:
1. crop the Image (and use only a part of it)
2. remove the background and use only the main character and / or other elements of the Image
3. replace the background
4.apply on the Images photos, logos and/ or fonts (for example in an illustration showing a crocodile wearing a T-shirt you can add your logo on the crocodile’s T-shirt)
5. replace colours (for example, tone corrections or replacing colours on a character’s item of clothing)
You should make sure that you have the necessary rights for any additional photos, Images, fonts etc. that you may use for the modification.
Even after modification, all rights of the initial Image remain a property of Tibilis.com or the particular illustrator credited.
No additional rights, beyond those specifically agreed in this license, are transferred to the user because of the modification or for any other reason.
In case of doubt, please contact an account representative at TIBILIS.COM - customerservice@tibilis.com, or call our office (+30) 210 8062369
The site allows you to download a facsimile of all Images at a lower resolution than the actual Image sold, and this facsimile Image bears the watermark of Tibilis.com (hereafter “watermarked Image”). This watermarked Image is to be used only for you to decide whether you are going to buy the actual Image and can be used free of charge only for in-house presentations, or rough draft designs for yourself and/or your clients. Even for this purpose only, you can modify them only in the way described above for the Images, and you are not allowed to post the modified watermarked Images on the internet or use them in any other way.
Watermarked Images may be used in networks, forums and discussion boards (for non commercial use) provided that they are used as they are (without any modifications), with the watermark and a reference to our site www.tibilis.com.
Any other use of the watermarked Images is totally prohibited.
TIBILIS.COM grants you the non-exclusive right to use the Images according to the rights selected and indicated on the menu of the online licensing process. TIBILIS.COM' Invoice will set forth the details of the order and conditions of use. Unless otherwise agreed, use of any Image is limited to one year from date of invoice. To obtain exclusive rights, you must contact an account representative at TIBILIS.COM.
All content of the site, images and text, general outlay of the site, all software including but not limited to the price calculating software, the pricing policy and everything else in the site is protected by copyright.
RESTRICTIONS OF USE
You are not allowed to
1. Use the Image beyond the terms of the limited license agreement without first obtaining an additional license.
2. Use the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
3. Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or that infringes on any trade name, trademark or service mark.
4. ARCHIVE, REPUBLISH or TRANSMIT non – watermarked Images on any DATABASE without TIBILIS.COM' prior written consent.
5. Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from TIBILIS.COM.
6. Sublicense, re-license, rent or lease any of the Images.
7. Use of the Images to promote a business that sells or licenses illustrations, photographic Images, or otherwise competes with TIBILIS.COM in any manner.
8. Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
RELEASES
No model releases or other releases exist on any Images unless the existence of such release is specified in writing by TIBILIS.COM. All rights to the Images in this site are the property of Tibilis.com or the individual illustrator, as the case may be.
INDEMNITY
You agree to indemnify and hold TIBILIS.COM, and the Illustrator, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.
NO WARRANTY
TIBILIS.COM GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGOS, FONTS, TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY PICTURE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. TIBILIS.COM IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION.
In any event and under all circumstances, the limit of liability of TIBILIS.COM shall be the sum paid to TIBILIS.COM per the invoice for the use of the Image involved.
DELIVERY OF DIGITAL IMAGES
In order to deliver to you only high quality illustrations, each Image has been saved and uploaded in our server in a high quality .jpg format, in 300 dpi and RGB mode.
Certain images bear the indication “available in PSD file upon request”. While .jpg files are immediately available through our online pricing system, for PSD files you may contact customerservice@tibilis.com for technical specifications and a quote.
Certain images bear the indication or are described as “vector”, meaning that the .jpg file has been designed using vector software. This indication does not mean that the buyer gets a vector file, for which you may contact customerservice@tibilis.com for technical specifications and a quote.
Certain images are described as “no background” or “NBG”, or “easily removable background”. This indication means that buyer should have the necessary image editing software and basic technical skills to remove the background.
Image sizes in pixels as indicated in the price calculating system are accurate. Image sizes in inches, centimetres or paper sizes (A3, A4 etc) are only indicative.
DIGITAL FILES ARE PROVIDED “AS IS.” TIBILIS.COM MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. TIBILIS.COM MAKES NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OF THE CONTENT, OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
The site allows you to download a facsimile of all Images at a lower resolution than the actual Image sold, and this facsimile Image bears the watermark of Tibilis.com. You have the right to use the watermarked Image as described above. However, the intended main use of the watermarked Images is for you to decide whether the actual Image is fit for the purpose intended. By agreeing to purchase an Image, you agree that you have downloaded the watermarked Image first and decided that the actual Image is perfectly suitable for the use described by yourself when purchasing.
Please pay particular attention to the watermarked Image, as purchases of an Image is final and irreversible. Due to the nature of electronic Images, all sales are final and you may not under any circumstances “return” an Image or get a refund. In case of a technical problem preventing you from downloading an Image for which payment has been received, please contact customerservice@tibilis.com and we will use our best efforts to facilitate delivery of this Image.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER LOCAL LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL TIBILIS.COM OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND AGENT SHALL BE THE FEE PAID FOR THE IMAGE TO AGENT.
PROTECTION OF IMAGES
Other than the above Permitted Usage, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Unless otherwise specifically stated, Images remain the property of TIBILIS.COM or the particular illustrators. Use is granted for the territory specified during the electronic purchase process, unless otherwise specified. User does not acquire any right, title or interest in or to any Image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made there from other than as specified herein. Full credit and copyright information must remain with file. All rights not specifically granted herein to User are reserved for the particular illustrators’ use and disposition without any limitations whatsoever.
UNAUTHORIZED USE
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to twenty (20) times the normal price we would have charged for such unauthorized use in the maximum size and time duration of five years, within ten (10) days of our billing such fee.
If you fail to timely make such payment, we shall have the right to sue for copyright infringement and/or breach of contract, for which we shall seek all damages and remedies available, including attorney's fees and all associated costs.
RETENTION OF DIGITAL FILES
Digital files may be retained for sixty days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. TIBILIS.COM' copyright information and Image identification number must be retained with the digital files while you retain them.
CREDIT
You should bear a credit line whenever this is customary, possible, and appropriate.
Images used editorially should bear a credit line as indicated by TIBILIS.COM adjacent to Image in the format “© Stock Illustrations / www.tibilis.com” in a readable size. Receiving credit is a material aspect of the License Agreement for TIBILIS.COM. You agree to pay double the invoice amount if you do not provide such proper credit and copyright notice when such crediting is customary and appropriate.
DISPUTES OR CLAIMS
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be determined in the relevant Courts of Athens, Greece. This agreement, its validity and effect, shall be interpreted under and governed by the laws of Greece. If User of this contract is not domiciled in Greece, said User expressly agrees that any dispute regarding this contract shall be adjudicated in Athens, Greece in the manner described here. Copyright claims shall be brought in the Court having jurisdiction. User agrees to be subject to the jurisdiction of the Courts of Athens, Greece. If TIBILIS.COM is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.
MISCELLANEOUS
This agreement is not assignable or transferable on the part of User.
All prices are calculated and paid in Euros. Where prices in USD may be mentioned in the site, they are only indicative and aim to help buyers have an indication of the correspondence of the actual price to Euros. We suggest that buyers consult an independent site to verify currency values.
This contract contains all the terms of the agreement between us (TIBILIS.COM and User) concerning transmission, delivery, review and use of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us.
These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice issued may contain additional terms relating to the rights granted and the type of usage allowed.
Time is of the essence in the performance by User of its obligations for payments.
All sales are final.
Payment of the invoice herein is to be net due upon receipt.
The payment will appear on the cardholders statement with the name www.tibilis.com.
© Stock Illustrations Ltd. All rights reserved. Terms & Conditions.
