Licensing
We provide two types of licensing: Editorial Use and Commercial Use. Our standard Editorial Use license permits you to use the purchased media in one design through the terms described below. Our Commercial Use license expands on the Editorial Use license to increase both the types and quantities of reproductions permitted, namely the ability to use our media in items that are meant for resale, advertising and commercial use.
Our Editorial Use License
Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased from us:
- 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 blogs, ebooks and videos, limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.
Unless otherwise declared as ‘Commercial Use’, all media available on this site is licensed under the Editorial Use license. You must receive written permission for Commercial Use by contacting us first.
Our Commercial Use License
Our Commercial Use license expands on our Editorial use license in the following ways:
Commercial
- Primary E-Commerce listing images, website design, digital catalogues, and/or infographics.
Advertising
- invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, brochures, promotional greeting cards and promotional postcards up to a number of prints determined via questionnaire;
- entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations up to a number of prints determined via questionnaire;
- prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, resale, license or other distribution up to a number of prints determined via questionnaire;
- in themes, skins and other electronic software meant for resale limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.
Both our Editorial Use and Commercial Use licenses permit you to use the purchased media in one project only, unless otherwise stated. For use in multiple projects, additional licenses may be required. An exception to this rule is if an image is used in an editorial capacity with a duplicate article both in print and online; one license permits you to use the same image in both mediums.
Prohibited Uses
- install and use our media in more than one location or post a copy of our 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 our media or the rights granted under these terms;
- use any of our media as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
- use our media identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of our 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 our media
- use our media in a fashion that is considered by us or under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in our media into disrepute;
- use our media in a way that places any person depicted in our 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 our 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 our media in a manner that competes with our business including, but not limited to, displaying our media in any format (including thumbnails) for download or Export on a website or offering Stock Media for sale;
- use our media for editorial purposes without including the following credit adjacent to our media or in audio/visual production credits: ‘©[our name]’;
- incorporate our media in any product that results in a re-distribution or re-use of our media or is otherwise made available in a manner such that a person can extract or access or reproduce our media as an electronic file;
- to the extent that source code is contained within our media, reverse engineer, decompile, or disassemble any part of such source code;
- use or display our 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; or
- use or display our media in such a manner that gives the impression that our media was created by you or a person other than the copyright holder of our media.
Please note that by purchasing a license to use the media on this site from us, you acknowledge that no transfer of copyright exists, and you are purchasing a license to use the media as per the terms set out in this agreement.
For any uses not listed here, or for questions regarding our licensing please contact us.
Purchases and Refunds
We provide products in the form of downloadable digital products. We also provide access and subscriptions to courses and course materials. Collectively, we refer to our products, services, courses, and subscriptions as “Our Products.” All purchasers of any of Our Products agree to the following conditions for any paid transaction with us (hereinafter, “Payment Terms”).
You warrant and represent that you are authorized to use any payment method you provide to us (such as PayPal accounts or credit cards). You agree to indemnify us against losses we may sustain as a result of any breach of this warranty. We use third-party vendors to process payments for Our Products. These vendors are currently PayPal and Stripe. Visit https://PayPal.com and https://Stripe.com to view these vendors’ specific privacy policies and terms and conditions.
Our Products that are sold and distributed in a digital format are non-refundable, including any subscriptions for a series of courses or memberships in any discussion groups or other online communities. We reserve the right to change the costs of our Products at any time. Please check with our Platform for the latest pricing.
Amazon Product Photography Service
TERMS & CONDITIONS
1) AGREEMENT – This agreement between Skyline FBA (hereafter “Photographer”) and the undersigned client, (hereafter “Client”) governs the assignment described in the accompanying cost estimate, and along with these Terms & Conditions, constitutes the entire agreement between the parties concerning that assignment.
2) ESTIMATES – The fees suggested by the Photographer are for the original job description as presented by the Amazon Product Photography Service. Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be reflected in the gallery or invoiced.
3) PAYMENT – Client shall make payment through the Photographers website (www.SkylineFBA.com). Unwatermarked images/video will be delivered after payment is completed.
4) COPYRIGHT – Grant of any reproduction rights to the Client is conditioned upon receipt of payment in full. All rights not expressly granted shall be reserved by the Photographer. Modification of Photograph(s) and/or incorporation of Photograph(s) in any layout or concept shall not constitute a Joint Work.
5) LICENSE – Client is granted a Non-Exclusive, Limited Commercial Use license to use the works created by Photographer on Client’s E-commerce listing(s), Social Media, and Website without expiration.
6) ADDITIONAL USAGE – If Client wishes to make any additional uses of the photographs not covered in Item #5 (LICENSE), Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.
7) SATISFACTION – Client has spent a satisfactory amount of time reviewing Photographers work and has a reasonable expectation that Photographer will produce work in a similar manner. The Client is responsible for communicating any special requests and accepts that the Photographer’s interpretation shall be deemed acceptable.
8) INDEMNIFICATION – Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Client’s use of Photographer’s work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees, arising from Photographer’s negligence.
9) TURN AROUND TIME – Normal schedule for web photo gallery or processed files is 7-14 business days after Photographer receives product from Client. It is the Client’s responsibility to deliver product to Photographer in a timely matter, and accepts that Photographer is not obligated to meet any deadlines.
10) RETOUCHING – Reproduction files include basic clean-up (color correction, toning, spotting, simple blemishes removed) in the file charge. Any additional retouching requested by the Client may be billed at $200.00 per hour, under Photographers discretion.
11) RESTRICTIONS – Client will not use the Photos/Videos created by Photographer for any of the following purposes:
(A). No Unlawful Use. Client will not use the Photos in any unlawful manner, such as pornography or defamation.
(B). No Standalone File Use. Client will not use the Photos in any way that allows a standalone file or content file to be downloaded, extracted, or redistributed by others.
(C). No Use in Trademark or Logo. Client will not use the Photos in any trademark, design, logo or other mark.
(D). No Products for Resale. Client will not use the Photos in any goods or products where the Photos are the primary value.
(E). No Alterations. Client will not alter the Photos without the prior written permission of Provider.
(F). No Sublicenses. Client will not sublicense the Photos without the prior written permission of Provider.