Standard License Agreement

updated: Aug 2018

This is a license agreement between you and “Equestrian Lifestyle Photography by Anett Mindermann” that explains how you can use images found in the stock library on www.creatememoriesbyanett.com. By downloading and purchasing content from this website, you accept the terms of this agreement.

  1. What types of licenses does Equestrian Lifestyle Photography by Anett Mindermann offer?

    There are two types of licenses: standard and extended. Every file downloaded from this website www.creatememoriesbyanett.com comes with a standard license. An extended license gives you additional rights in exchange for an additional license fee. Unless you purchase an extended license, your use of content is subject to the standard license terms.

  2. How can I use licensed content?

    You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Anett Mindermann are:

    • Perpetual, meaning there is no expiration or end date on your rights to use the content.

    • Non-exclusive, meaning that you do not have exclusive rights to use the content. Anett Mindermann can license the same content to other customers.

    • Unlimited, meaning you can use the content in an unlimited number of projects and in any media.

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

    Examples of how you can use licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; corporate presentations; newspapers; magazines; books; film and television productions; web and mobile applications; product packaging.

    Please make sure you read the Restricted Uses section below for exceptions.

  3. Restricted Uses.

    1. No Unlawful Use. You may not use content in a defamatory or other unlawful manner.

    2. No Commercial Use of "Editorial Use Only" Content. You may not use content marked "editorial use only" for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events that are newsworthy or of general interest (for example, in a blog, textbook, newspaper or magazine article).

    3. 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).

    4. No Use in Trademark or Logo. You may not use content as part of a trademark, design mark, trade name, business name, service mark, or logo.

    5. 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 a painting based solely on licensed content and claim that you are the author.

      Restricted Uses - unless extended license purchased. Extended licenses are only available for purchase with credits on a file by file basis.

    6. No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com)

    7. No Electronic Templates. Unless you purchase an extended 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, brochure design templates).

  4. Who, besides me, can use 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.

    • 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 may not use the content for any other purpose.

  5. Intellectual property rights.

    • Who owns the content?
      All of the licensed content is owned by Anett Mindermann. All rights not expressly granted in this agreement are reserved by Anett Mindermann.

    • Attribution.

      • Do I need to include a photo credit? 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 visual production credits: "Equestrian Lifestyle Photography by Anett Mindermann".

  6. Termination/Cancellation/Withdrawal.

    1. Termination.
      Anett Mindermann may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Anett Mindermann 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, this agreement shall immediately terminate.

    2. Refunds/Cancellation.

      • File Download Refunds - Anett Mindermann does not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Anett Mindermann.

    3. Content Withdrawal.
      Anett Mindermann may discontinue licensing any item of content at any time in its sole discretion. Upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Anett Mindermann may be liable, Anett Mindermann 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.

  7. Representations and Warranties.

    1. "Editorial Use Only" Warranty Disclaimer. For content identified as "editorial use only," Anett Mindermann warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted 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 identified as "editorial use only," and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content 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.

    2. Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, Anett Mindermann does not warrant the accuracy of such information, or of any metadata provided with the content.

    3. No Other Warranties. Except as provided in the "warranty of non-infringement" 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. Anett Mindermann does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.

  8. Indemnification/Limitation of Liability.

    1. Indemnification of “Equestrian Lifestyle Photography by Anett Mindermann” by you. You agree to defend, indemnify and hold harmless Anett Mindermann 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 any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.

    2. Indemnification of you by Anett Mindermann. Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties above, Anett Mindermann 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. 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 Anett Mindermann, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.

    3. Limitation of Liability. “Equestrian Lifestyle Photography by Anett Mindermann” WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF ANETT MINDERMANN 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.

  9. General Provisions.

    1. Assignment. This agreement is personal to you and is not assignable by you without Anett Mindermann's prior written consent. Anett Mindermann may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.

    2. Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to Anett Mindermann sample copies of projects or end uses that contain licensed content, including by providing Anett Mindermann 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, Anett Mindermann 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 Anett Mindermann of five percent (5%) or more of the amount you should have paid, then in addition to paying Anett Mindermann the amount of the underpayment, you also agree to reimburse Anett Mindermann for the costs of conducting the audit. Where Anett Mindermann reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at Anett Mindermann's request, to provide a certificate of compliance signed by an officer of your company, in a form to be approved by Anett Mindermann.

    3. Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

    4. Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.

    5. Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Anett Mindermann and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.

    6. Notice. All notices required to be sent to Anett Mindermann under this agreement should be sent via email to creatememoriesbyanett@gmail.com. All notices to you will be sent via email to the email set out in your account.

    7. Licensing Entity. The licensing entity under this agreement is determined based on your billing address.