This is a legal agreement between you, hereinafter referred to as the User, and Discus Media Group–DMG, Ltd., sole operator of Discusmedia.com, Discusmedia.com and other projects under the ‘Discusmedia.com' label, hereinafter referred to as Discusmedia. The agreement is valid for all matters related to the digital imagery stored and presented by Discusmedia.com, Discusmedia.com and other projects under the ‘Discusmedia.com' label. Please read this text carefully before downloading any Discusmedia Image(s), hereinafter referred to as Image(s). By downloading any Image, you agree to the terms and conditions of the present Agreement.
This Agreement applies to any Image(s) purchased online and, in the case of offline delivery, any Image(s) delivered on a CD-ROM or other media. This Agreement is concluded on the day of purchase between Discusmedia, on the one hand, and the User, on the other hand. Provided that you pay the agreed licence fee and agree to be bound by the terms and conditions contained herein, Discusmedia agrees to allow you to use the Image(s) on the terms and conditions below:
1. GENERAL COPYRIGHT TERMS
1.1. Discusmedia provides you with a possibility to purchase both non-copyrighted Images (collectibles belonging to Discusmedia, individuals and corporate bodies affiliated with Discusmedia) and copyrighted Images (all media types of contemporary imagery).
1.1.1. The original historical maps and other collectibles as sold at Discusmedia are no longer within copyright, but their copyright to their digital versions belongs to Discusmedia and re-selling rights in the original digital form are not offered.
1.1.2. All Images, originating from any media, which is originally less old than 71 (seventy one) years from the date of the Agreement between the User and Discusmedia, unless separately mentioned in connection with the selected ones, are copyrighted. Discusmedia or its suppliers bear all rights to the Images. All rights are reserved by Discusmedia unless stipulated otherwise. Your rights to use an Image are subject to this Agreement and depend upon your payment for the Image made to Discusmedia.
1.1.3. Should at any time your account/profile become invalid, you shall be deprived of all rights to all Images you have downloaded until all payments are made and interest paid. Account invalidity shall result from any unpaid invoice, bounced or unpaid check or credit card chargeback.
1.2. As long as your account/profile was valid at the time you downloaded the Image(s), you have the right to use that Image indefinitely, subject to the terms and conditions of this EULA. Discusmedia agrees to allow you using the Image(s) in the manner permitted by this Agreement on the following terms and conditions:
2. GRANTING OF RIGHTS
2.1. In accordance with the terms and conditions of this Agreement, Discusmedia grants you a personal, non-exclusive, non-transferable right to use and reproduce Images.
2.1.1. Discusmedia grants you a licence to use the Image(s) on a non-exclusive and non-transferable basis worldwide. All other rights to the Image(s) and, if applicable, any accompanying materials including copyright without limitation, are retained by Discusmedia.
2.2. By this Agreement, Discusmedia grants you the right to use and reproduce the Image(s) as well as to use them to create any derivative works in the following ways:
2.2.1. On multiple computer work stations or local area networks at the original location the Image(s) was shipped to. Any changes in the location shall be made known by the purchaser to Discusmedia. Graphic images may be copied to a hard drive and stored for archival purposes.
2.2.2. On non-profit Internet sites;
2.2.3. On multimedia presentations, broadcast film or video;
2.2.4. In books (including covers), maps, magazines, newspapers, brochures, catalogues, editorials, toolbar skins, posters, mobile phones, greeting cards (paper-based or online); pagers, CD/DVD cover art, advertising and any other printed matter of your own.
2.2.5. In connection with your business identity on posters, brochures, business cards, etc.;
2.2.6. As decoration in any space, public or private;
2.2.7. In creation of any derivative work and use one of that on any matter, including postcards and promotional items.
2.2.8. In relation to e-mail marketing, however, the Image(s) shall not be used in the body of unsolicited e-mail messages (spam), or shall not be linked to unsolicited e-mail messages.
2.2.9. All other rights are reserved solely by Discusmedia for itself and on behalf of the respective copyright holders.
2.3. Additional rights to the Image(s) are available. Shall the User become uncertain of their rights under the present Agreement, or shall they wish to use an Image in a matter not expressly permitted under this agreement, please contact Discusmedia Support Team for a special license. In most cases, we can provide a license upgrade within 72 hours.
3. WARRANTIES OF THE USER
3.1. The User warrants and undertakes, confirms and agrees with Discusmedia that all rights of ownership and copyright nature to any graphic works and gigital materials are acknowledged as the property of Discusmedia exclusively and with purchase of any of these are subject solely to the non-exclusive and non-transferable licence contained in this Agreement. Purchasing Images does not transfer any copyright or proprietary rights to any item other than to use the imagery in the way specified in this Agreement.
3.2. The User shall use the Images in the manner and within the context outlined in this Agreement and shall not prejudice or impair copyright to the Images as well as enter into any deal with Images so that any third party might obtain any sort of right of whatever nature incompatible with the basic rights of Discusmedia.
3.3. The User may modify or alter the Image(s) as necessary for personal use, as allowed by the present terms and conditions, provided that the rights to any derivative work bsed on copyrighted images shall belong to Discusmedia. When using Image(s) based on sources no longer within copyright, the User should credit Discusmedia as the holder of original media in typed written, when reproducing any original or modified Image, or by inserting a text hyperlink to Discusmedia when reproducing abovesaid Image(s) in the internet. Discusmedia shall not be liable for any use of the said photographic works in any other way than it is permitted under this licence Agreement or otherwise.
3.4. The User shall not:
3.4.1. Use any Image in any way other than specified in the preceding section (2);
3.4.2. Sell, rent, loan, give, sublicense, or otherwise transfer the Image(s) or the right to use the Image(s) to anyone without expressed written consent of Discusmedia. In addition, the work the User produces on the basis of the Image must be used for their direct employer, client, or customer, who must be the end user of the User's work. The User agrees to take all commercially responsible steps to prevent third parties from duplicating any Image(s). This may include invisibly watermarking the image and identifying that Discusmedia owns the image on the document you intend to use the Image in.
3.4.3. Use or display any Image on websites designed to induce sales of “print on demand” products, including postcards, mugs, T-shirts, posters and other similar items;
3.4.4. Use any Image or parts thereof with other artwork to create a new Image, which could be regarded as blasphemous, defamatory, libellous, obscene, offensive, pornographic or otherwise unlawful or immoral, as well as in such a manner that it infringes upon any third party's trademark or intellectual property. This restriction may include advertising tobacco/alcoholic beverages depending on the legislation of User's country where applicable;
3.4.5. In case of recognizable living people being a part of any Images, originating from modern media as stipulated in Clause 1.1.2, use such an Image in a way that places a person in the photo in a bad light or depicts them in a way that may be considered offensive or, according to the terms and conditions of this Agreement, otherwise unlawful or immoral content;
3.4.6. Resell any Image or share it by providing access on shared disk drives or network;
3.4.7. Use Discusmedia images to compete with Discusmedia. This includes:
displaying images in any format (including thumbnails) for downloading from a website;
offering Discusmedia Images for sale, or including Discusmedia Images in templates for sale;
creating greeting card line or any sort of illustrative publication based on Discusmedia images or using Discusmedia Images as the basis for a large collection of objects for sale. All such actions and undertakings should be approved of in writing by Discusmedia administration and shall otherwise be considered violative.
3.4.8. Use the Image(s) in a website template that you plan to sell or transfer to others;
3.4.9. Use any Image as part of a trademark or patent image or logo or part of logo;
3.4.10. Produce single printed reproductions of any Image on canvas or paper for sale.
3.5. The User shall ensure that all copies of any materials published and distributed by them with the use of any Images purchased from Discusmedia, shall contain exhaustive and accurate copyright and ownership notices and acknowledgments that the copyright in the works is retained by Discusmedia, and that reproduction is permitted under limited licence from Discus Media Group – DMG, as stipulated in Clause 3.3. of this Ageement.
3.6. The User shall retain total control of any Images and materials and ensure that they shall not fall into hands of any third parties not licensed or authorized by this Agreement.
3.7. The User shall indemnify and keep Discusmedia fully indemnified from and against all actions, claims, costs (including any legal costs or disbursements paid by the User to compromise or settle any sort of claim), demands and damages arising directly or indirectly as a result of any contravention by the User of any of the User's warranties or obligations arising from this Agreement.
3.8. The User shall not assign in any manner the use of any Image(s) or materials or any sections thereof for any purpose other than those specifically agreed upon between Discusmedia and the User under the terms and conditions of this Agreement.
3.9. The User understands and accepts that Discusmedia supplies the Images and materials “as is” and makes no warranty either express or implied of merchantability, fitness for purpose, type or quality of Image or compatibility with any other facility.
3.10. The User warrants that the use of the Image(s), materials and data shall not infringe the rights of any third party, and any liability for the infringement of such rights of any nature shall rest with the User.
3.11. The User agrees that they shall not share their username and password combination to any third party. Everyone who needs to login and use the Image(s) needs to have their own account and profile created. The User may use their profile on one computer in the office or at home at any one time. If any two users on two separate computers are using the same username and password, Discusmedia reserves the right to terminate that account without any refund or prior notice. Discusmedia reserves the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information.
4. PAYMENTS AND LICENSE VALIDITY. DETERMINATION
4.1. The User agrees to make advance payment for the licensed use of the Image(s), materials or data as agreed under the terms and conditions of this Agreement before any use of such Image(s), materials or data.
4.2. The User accepts and warrants that permission to use the Image(s), materials or data, being the subject matter of this Agreement, shall only become valid after receipt of the agreed remuneration by Discus Media Group – DMG, Ltd., operating Discusmedia. In all other general cases, the User fully accepts that they have no right to use the said Image(s), materials or data in any manner until the said remuneration has been paid.
4.3. Obligations of the User shall be constituted terminated under this Agreement and the User's right to use the Image(s) shall be discontinued if:
4.3.1. The User fails to pay the remuneration amount due under this Agreement;
4.3.2. The User becomes in breach of any other term of this Agreement;
4.3.3. Any of the User's declarations or statements prove to have been incorrect;
4.3.4. The User shall become insolvent or bankrupt, or the User shall be put into any other sort of abridgement procedure.
In any of the above cases, if declared promptly in writing, Discusmedia reserves the right to accept such repudiation on the part of the User and to determine the licence Agreement forthwith with demand of either immediate return of all Image(s), data or materials, created or produced by Discusmedia, in whatever form supplied or held, or bidding the User to issue a sworn declaration that any Image(s), data or materials received from Discusmedia are destroyed by the User and will thus not remain usable by any third parties.
5. TAXES AND DUTIES
5.1. All prices for Image(s), data and materials on the Discusmedia website are shown without any indirect taxes.
5.2. Unless stipulated separately by this Agreement, Discus Media Group – DMG, Ltd., shall not charge the User any taxes excluding the value added tax (V.A.T.).
5.3. Where applicable, Discus Media Group – DMG, Ltd., shall charge any User residing in the European Union (European Economic Community), the value added tax under the legislation of the European Union and Czech Republic. The value added tax sum shall be added to the final invoice sum issued by Discusmedia at the moment of purchase and shall be considered obligatory for any EU resident user.
5.4. Except in the above cases, the User shall independently pay all taxes and duties, including value added taxes, sales taxes, and any other taxes or duties as required by any jurisdiction or country of their residence as a result of this licence which is granted to the User to use any of the Image(s), according to this Agreement
6. LIMITED WARRANTY BY DISCUSMEDIA
6.1. Discusmedia warrants that all available Image(s) sold “as is” are in safe formats and free from any defects in material and workmanship under normal use for a period of 30 (thirty) days from the date the User receives it by any means. The User understands and acknowledges that they have full possibility to evaluate the Image(s) prior to purchase and agree with this warranty period. No claims are accepted after expiration of the said period. The User understands that Image(s) originating from historical collectibles according to Clause 1.1. of this Agreement may show small amounts of soiling, stains or other defects in connection with their origin.
6.2. Discusmedia shall replace any data file received from Discusmedia by the User within the hereinabove period of limited warranty in case the Image(s) contains any sort of defects caused by Discusmedia 's system malfunctioning. The replacement period shall not exceed 72 hours from the moment of receiving any motivated claim for technical defects. Discusmedia 's limited warranty covers costs of received Image(s) only.
6.3. Discusmedia makes no representations or warranties whatsoever as to the legality or validity of any Release associated with the Image(s). Discusmedia makes no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any Image(s). The User shall ensure that all necessary rights, consents or permissions as may be required for reproduction of any Image(s) have been secured by them.
6.4. Discusmedia may allow you to download the Image(s) again at a specific location provided by Discusmedia. Your money shall be refunded if Discusmedia determines at its sole and absolute discretion that you are unable to download the Image(s) successfully.
6.5. Discusmedia will replace any hard media with the Image(s) in case of delivery on such media, if you return it, along with a copy of your invoice, to Discusmedia. If Discusmedia cannot provide you with a replacement hard copy free of defects in material or workmanship, you may terminate this Agreement by returning the replacement media to Discusmedia, and Discusmedia will issue a full refund.
6.6. Discusmedia provides no other additional warranties. Shall the Image(s) prove defective outside the warranty period, the User shall assume total cost of any repair, correction or servicing related to the delivered data or any technological equipment or media in which the Image(s) are stored.
6.7. Discusmedia shall refund any costs paid by the User for the Image(s) received on any hard media to be used according to the terms and conditions of the present Agreement within the period of the above mentioned limited warranty only if the User did not use the Image(s) by any means, irrespective of the actual reason of claim for refund. By accepting the User 's claim for refund, Discusmedia concerns the Agreement void. With claiming any refund, the User understands and warrants that they fall from any rights arising from this Agreement with on all fours legal effects. No claims for refunds are accepted after the above period.
6.8. The User shall agree that any refunds shall be done in a form of cashless transfer only and they shall thus provide Discusmedia with detailed banking instructions for remittance of costs. In the instance of claiming a refund without sufficient motivation of any sort of defect intervening from Discusmedia, the User shall agree that the refund sum from Discusmedia will be mitigated to bank transfer costs.
7. OTHER TERMS. FINAL PROVISIONS
7.1. Should the User wish to acquire any additional or further rights than are listed in this agreement, they will contact Discusmedia for another licence.
7.2. Discusmedia does not deal with collecting model (property) releases for the Image(s), but guarantees that none of the Image(s) had been shot in contradiction with specific rules of possessors limiting taking such Image(s). However, in selected cases some proprietors may apply restrictions to commercial use of any graphic matter in public releases, so should the User plan any such publication, they agree that organising a publication containing aforecited Image(s) shall be held on own behalf.
7.3. In no event and under no circumstances shall Discusmedia, Discus Media Group – DMG, Ltd., its affiliated companies or dealers, as well as its officers, employees, shareholders, directors and suppliers be held liable for any damages whatsoever including, but not limited to, loss of data, loss of profits, damage of equipment, incidental, consequential or indirect damages arising from the use of (or) inability to use the Image(s), data and materials, however caused, and on any theory of liability, even if Discusmedia has been advised of the possibility of the said damages, or for any claim by any other party.
7.4. The User acknowledges that they have fully read this Agreement, understand it, and agree to be bound by all of the terms and conditions hereof. The User agrees that it is the complete and exclusive state of the agreement between them and Discus Media Group – DMG, Ltd., sole operator of Discusmedia.com, and that it supersedes any proposal or prior written or oral Agreement and any other type of communication between them and Discusmedia pertaining to the subject of this Agreement.
7.5. Any explanations on the Discusmedia website are for informational purposes only and shall not be considered part of this Agreement.
7.6. This Agreement shall be governed by the laws of the Czech Republic, European Union and International copyright legislation. In case any dispute is not settled by mediation procedures, the venue of any action respecting this Agreement, any Image(s), or use thereof, shall be in the Czech Republic.
7.7. This Agreement contains the full and complete understanding between the parties, and supersedes all prior arrangements and understandings, whether written or oral, appertaining to the subject matter of this Agreement. The Agreement may not be altered, except by written consent of all the parties hereto.
7.8. The Agreement comes into force on the date of first purchase of Image(s) by the user and will be valid until all obligations stipulated by the Agreement remain valid for at least one Party. The Agreement is done by automatic electronical means without signatures of the Parties.