All Royalty-Free licenses include global use rights, simple pricing with volume discounts on request.
This is a license agreement between you and Peter Togel Photography that explains how you can use photos (individually and collectively, "content") that you license from Peter Togel Photography By downloading content from Peter Togel Photography, you accept the terms of this agreement.
Royalty-free does not mean there is no cost for the license. Instead, royalty-free means that the license fee is paid once and there is no need to pay additional royalties if the content is re-used. Royalty-free content is licensed for worldwide, unlimited, perpetual use, and pricing is based on the file size.
Perpetual, meaning there is no expiration or end date on your rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Any and all media, meaning content can be used in print, in digital or in any other medium or format. Non-Exclusive, meaning that you do not have exclusive rights to use the content. Peter Togel Photography can license the same content to other customers.
For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of. Please make sure you read the Restricted Uses section below for exceptions.
- No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.
- No Commercial Use of Editorial Content. Unless additional rights are specified on the Peter Togel Photography invoice or sales order, or granted pursuant to a separate license agreement, you may not use content marked "editorial" for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest.
- No Alteration of Editorial Content. Content marked "editorial" may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the content.
- 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. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: "Stock photo. Posed by model." No disclaimer is required for content marked "editorial" that is used in a non-misleading editorial manner.
- 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 you purchase additional license
The following are prohibited without the prior written consent of Getty Images and payment of an additional license fee:
- No 'On Demand' Products. Unless you purchase a custom 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 customization 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 (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
- No Electronic Templates. Unless you purchase a custom license, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).
- No Use in Trademark or Logo. Unless you purchase a custom license, you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
- No Machine Learning, AI, or Biometric Technology Use. Unless expressly authorized by Peter Togel Photography, you may not use content (including any caption information, keywords or other metadata associated with content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Additionally, Peter Togel Photography does not represent or warrant that consent has been obtained for such uses with respect to model-released content.
- No Metadata Exploitation. Unless expressly authorized by Peter Togel Photography, you may not use the caption information, keywords, accompanying text, or other metadata associated with content separate and apart from the content, or allow any third parties to access or use any such information associated with content.
User of the licensed content
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two 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 purchase. In other words, if you purchase a royalty-free image, only one of you (and not both) may re-use that image for multiple projects.
- 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.
- Termination. Peter Togel Photography may terminate this agreement at any time if you breach any of the terms of this or any other agreement with Peter Togel Photography, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Peter Togel Photography in writing that you have complied with these requirements.
- Social Media Termination. 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 Peter Togel Photography' request, you agree to remove any content from such platform or website.
- Refunds/Cancellation. All requests for refunds/cancellations must be made in writing or using the cancellation function on the Peter Togel Photography' website. Provided that the request is made within 30 days and the licensed content has not been used, Peter Togel Photography may cancel the relevant order and issue a full refund to your account or credit card. No credits or refunds are available for cancellation requests received more than 30 days from your receipt of content, or for research, lab, service or subscription fees, all of which are non-refundable. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
- Content Withdrawal. Peter Togel Photography may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Peter Togel Photography, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Peter Togel Photography may be liable, Peter Togel Photography 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. Peter Togel Photography will provide you with replacement content (determined by Peter Togel Photography in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
Indemnification/Limitation of Liability
- Indemnification of Peter Togel Photography by you. You agree to defend, indemnify and hold harmless Peter Togel Photography and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of 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 Peter Togel Photography; and (iii) your failure to obtain any required release for your use of content.
- Indemnification of you by Peter Togel Photography. Provided that you are not in breach of this or any other agreement with Peter Togel Photography, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 9 above, and for Music only, the "Additional Warranties" as expressly set forth in Section 5 of the Peter Togel Photography Music License Agreement, Peter Togel Photography agrees, subject to the terms of this Section 10, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any breach or alleged breach by Peter Togel Photography of its warranties in Section 9 above and for Music only, the "Additional Warranties" as expressly set forth in Section 5 of the Peter Togel Photography Music License Agreement. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Peter Togel Photography, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.
- The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation. The indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
- Limitation of Liability. Peter Togel Photography 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 OF THIS AGREEMENT, EVEN IF Peter Togel Photography HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
Description of Extended license.