Your failure to comply with the terms herein could result in legal proceedings and the immediate termination of your account.
Agreement BackgroundAll Stock Media on Symzio is protected by United States and international copyright laws and treaties. Symzio's various Contributors own all rights, interests and title, including the copyrights, in and to the Stock Media. Symzio's Contributors reserve all rights in and to the Stock Media not expressly granted to you by the terms of this License Agreement. Your rights to use any Stock Media are subject to this License Agreement and are conditioned upon your payment to Symzio and its Contributors for your use of the Stock Media.
If you fail to make any payment to Symzio when due, or if any check is dishonoured or credit card charge refused or charged back, your account will be deemed delinquent. You still have the right to use any Stock Media downloaded under a previous, valid payment, but your right to use any Stock Media downloaded as part of an invalid transaction shall automatically terminate unless all payments together with any interest thereon and Symzio’s costs of collection, bank charges and credit card processing fees are received by Symzio no later than fifteen (15) days from the date that your account became delinquent.
You understand and agree that Symzio and its Contributors may, in their sole discretion:
- monitor anything you download from or upload to Symzio, as frequently Symzio or its Contributors in their sole discretion determine, for any violation of this License Agreement;
- retain for an indefinite period details of any Stock Media that you have downloaded;
- track any abuse of your username and password in connection with the Service or in connection with this License Agreement;
One Time Use License TermsSubject to the terms and conditions hereof, our Contributors hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Stock Media in one project for a Permitted Use (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Stock Media, including, without limitation, all copyright and other Intellectual Property Rights relating to the Stock Media, are retained by Symzio's Contributors as the case may be.
One project means one end product with one purpose. Here are some examples:
- If you use the media in a blog post, you can use the media for the purpose of complimenting the post as well as promoting it, on or off the original site. You cannot, however, use the same media for another blog post even if it is on the same website.
- If you use the media for the purpose of enhancing your social media profile, you would only need one license to create one social media profile image which can then be used on all your social media profiles. You cannot, however, create multiple different profile images using the same media.
- If you were to use the media in a brochure, you can use the media multiple times within the same brochure to promote the same idea.
- If you were to use the media in a project or publication, you may use resized versions of the media to refer to the area where the media's main use exists.
- If the media is used in a blog post or article, the media can be used to promote that blog post or article. It cannot, however, be used to promote the website or account that hosts the blog post or article as that would constitute a different purpose.
- If you create a composite image using two One Time Use images, you may use the composite image within the terms of the One Time Use License. You may not, however, construct another composite image using the same One Time Use images, even if its intended use is for the original purpose as this would constitute two end products.
- If you wish to use the media for multiple purposes or multiple end products, you may purchase additional One Time Use Licenses.
One Time Use Permitted UsesSubject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of media purchased from Symzio and its Contributors under a One Time Use License:
- invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license) up to 2,000 prints;
- school or university projects;
- social media post or profile image;
- decorative background on a personal computer or mobile device;
- online or electronic publications, including web pages, blogs, ebooks and videos, limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.
Unlimited RF License TermsSubject to the terms and conditions hereof, our Contributors hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Stock Media in an unlimited number of projects for a Permitted Use (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Stock Media, including, without limitation, all copyright and other Intellectual Property Rights relating to the Stock Media, are retained by Symzio's Contributors as the case may be.
Unlimited RF Permitted UsesThe Unlimited RF license expands on the One Time use license in the following ways:
- invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to an unlimited number of prints;
- entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations up to an unlimited number of prints;
- prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, resale, license or other distribution up to an unlimited number of prints;
Prohibited UsesYou may not:
- install and use the Stock Media in more than one location or post a copy of the Stock Media on a network server or web server for use by other users;
- sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Stock Media or the rights granted under these terms;
- use any of the Stock Media as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
- use Stock Media identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Stock Media means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
- remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Stock Media
- use the Stock Media in a fashion that is considered by us or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Stock Media into disrepute;
- use the Stock Media in a way that places any person depicted in the Stock Media in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; and c) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use Stock Media containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
- use Stock Media in a manner that competes with our business including, but not limited to, displaying Stock Media in any format (including thumbnails) for download or Export on a website or offering Stock Media for sale;
- use the Stock Media for editorial purposes without including the Symzio Contributor's name credit adjacent to the Stock Media or in audio/visual production credits;
- incorporate the Stock Media in any product that results in a re-distribution or re-use of the Stock Media or is otherwise made available in a manner such that a person can extract or access or reproduce the Stock Media as an electronic file;
- to the extent that source code is contained within the Stock Media, reverse engineer, decompile, or disassemble any part of such source code;
- use or display the Stock Media in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
- use or display Stock Media in such a manner that gives the impression that the Stock Media was created by you or a person other than the copyright holder of the Stock Media;
- use or display the Stock Media on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items;
DisclaimersYou acknowledge and understand that all Stock Media available on Symzio is provided by Contributors that operate as independent entities that permit Symzio to display their Stock Media for the purpose of licencing Stock Media to customers. All Stock Media, including warrants, releases, keywords, titles and tags, are provided to Symzio by Contributors and Symzio makes no warrant as to the accuracy of said tagging or Stock Media.
You further acknowledge that all licensing agreements entered into as a result of downloading Stock Media from Symzio are between you and the Contributor that created it, and that Symzio acts solely as an aggregator for Stock Media that provides a portal as a service to facilitate an exchange of goods and/or services between you and the Contributor.
You also acknowledge that all Stock Media available on Symzio is provided by Contributors that confirm to be the proper copyright holders of said Stock Media. Although Symzio makes reasonable efforts to ensure Contributors are the proper copyright holders of Stock Media they make available for sale on Symzio, we make no warrant as to the accuracy of this and it is up to you to ensure that the Contributor has all the legal rights to license said Stock Media.
You acknowledge that no releases are generally obtained for any Stock Media that is identified as “Editorial Use Only” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. For Stock Media identified as “Editorial Use Only”, Symzio does not grant any right nor make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, designs or works of art or architecture depicted therein. In such cases, you shall be solely responsible for determining whether release(s) is/are required in connection with any proposed use of the Stock Media identified as “Editorial Use Only”, and shall be responsible for obtaining such release(s).
While we have made reasonable efforts to ensure Contributors correctly categorize, keyword, caption and title the Stock Media, Symzio does not warrant the accuracy of such information and Symzio also does not warrant the accuracy of any metadata that may be provided with the Stock Media.
TerminationYou can terminate this License Agreement by destroying the Stock Media, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Stock Media for any purpose. Symzio Contributors can terminate this License Agreement without advanced notice if at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Stock Media for any purpose; (ii) destroy or delete all copies and archives of the Stock Media or accompanying materials; and (iii) if requested, confirm to Symzio and its associated Contributor(s) in writing that you have complied with these requirements.
Symzio and its Contributors reserve the right to revoke or amend the license granted by this License Agreement and replace the Stock Media with an alternative for any reason.
Upon notice from Symzio, its Contributor(s), or upon your knowledge that any Stock Media is subject to a threatened, potential or actual claim of infringement of another’s right, you must immediately and at your own expense (i) stop using the Stock Media; (ii) delete or remove the Stock Media from your premises, computer systems and storage (electronic or physical); (iii) ensure that your clients, printers or ISPs do likewise; and (iv) let Symzio and its Contributor(s) know.