AEROVIEWER PLATFORM

Content License

Photo credits
AEROVIEWER | All Rights Reserved

CONTENT LICENSE AGREEMENT

 

 

This is a license agreement between you and Geotag Aeroview that explains how you can use photos, videos as well as the innovative CAAS (service) provided by AEROVIEWER (individually and collectively, “content”) that you license from Geotag Aeroview through this image bank. By downloading content from the AEROVIEWER, you accept the terms of this agreement.

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 all the distinctive sections below.

 

Types of licenses

Geotag Aeroview offers two types of licenses: standard and extended.

Every file downloaded from Aeroviewer 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. For the avoidance of any doubt, extended licenses are only available for purchase on a file by file basis.

You can license files from Aeroviewer either with pay-off or by a monthly or yearly subscription. This means that you have the ability of either purchasing a photo or a video separately or make use of the monthly or annual subscription plans offered by the platform. CAAS is available solely through a subscription plan.

You are welcome to use watermarked content from the Aeroviewer platform on a complimentary basis for test or sample use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 30 days following download.

 

Use of licensed content

You may use licensed content in any way consistent with the rights granted below and 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 Geotag Aeroview are:

Perpetual, meaning there is no expiration or end date on your rights to use the content. This does not apply when content is licensed through a subscription plan.

Worldwide, meaning content can be used in any geographic territory.

Non-exclusive, meaning that you do not have exclusive rights to use the content. Geotag Aeroview can license the same content to other customers. If you would like exclusive rights to use content, please contact Geotag Aeroview (info@geotagaeroview.com) to discuss a buy-out.

Unlimited, meaning you can use the content in an unlimited number of projects and in any and all media. Any and all media, meaning content can be used in print, in digital or in any other medium or format.

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.

 

 

Restricted use of licensed content

 

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

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 Use in Trademark or Logo. You may not use content as part of a trademark, design mark, tradename, business name, service mark, or logo.

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 video clip based solely on licensed content and claim that you are the creator, unless an extended license for all parts has been purchased.

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)

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).

 

Users of licensed content and user accounts

 

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.

Restrictions

Please note that the standard license or subscription is for a single user. The restriction refers to the raw file of content, not the end project or use.

Unless you purchase an extended license, you may not store the content on a server (giving more than one person simultaneous access to the content).

If you licensed the content with a subscription, this means that only one person (the same person) may access, license and use the content.

If you need more than a single user to access the content:

If you licensed the content with credits, you must purchase a multi-seat extended license with credits

If you licensed the content with a subscription, please contact iStock to discuss TeamShare, our multi-user subscription. If you purchase a multi-user subscription, iStock will provide you with the number of user accounts specified on your invoice.

 

User(s) account(s)

You will be responsible for tracking all activity for each user account, and you agree to: (1) maintain the security of all passwords and usernames; (2) notify Geotag Aeroview immediately of any unauthorized use or other breach of security; and (3) accept all responsibility for activity that occurs under each user account.

Geotag Aeroview reserves the right to monitor downloads and user activity to ensure compliance with the terms of this agreement. If Geotag Aeroview determines that you are in breach of this or any other term of this agreement, it may suspend access to your account and seek further legal remedies.

 

Intellectual property rights.

 

All of the licensed content is owned by either Geotag Aeroview or the contributors who supply the content. All rights not expressly granted in this agreement are reserved by Geotag Aeroview and the content contributors.

 

To the above respect, and on condition that you do not have an extended license, you must include the following credit adjacent to the content or in visual production credits: "aeroviewer.com/Contributor’s Name."

 

Termination/Cancellation/Withdrawal.

 

Termination

 

Except in the case of subscriptions, this agreement is effective until it is terminated by either party.

You can terminate this agreement by ceasing use of the content and deleting or destroying any copies.

Geotag Aeroview 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 Geotag Aeroview in writing that you have complied with these requirements.

 

Subscription Termination

Unless renewed, subscription agreements terminate automatically at the end of the subscription period, with a 30 - day grace period to use any content downloaded during the subscription term in a project or other end use. CAAS service, which is offered solely through subscription plans, is terminated automatically at the end of the subscription period of the plan it is offered through.

Content incorporated into projects or end uses prior to the expiration of the grace period may continue to be used in perpetuity in that project and in any other projects. Any content not included in a project at the end of the 30 day grace period is not considered licensed and must be deleted. Any content that is used within the 30 day grace period remains subject to the terms of this agreement.

Geotag Aeroview may terminate any licenses before the end of the subscription period if it reasonably believes there is a violation of this agreement and/or abuse of the subscription account, in which case you must immediately: cease using the content; delete or destroy any copies and confirm to Geotag Aeroview 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.

 

Cancellation/ refunds

 

Geotag Aeroview 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 Geotag Aeroview.

 

Refunds for subscriptions can be made within 14 days of your invoice date, provided you have not downloaded nor made use of any content.

All requests for refunds/cancellations must be made in writing. In the event of cancellation, your rights to use the content terminate.

 

Content Withdrawal

 

Geotag Aeroview may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Geotag Aeroview, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Geotag Aeroview may be liable, Geotag Aeroview 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(s) do likewise. Geotag Aeroview will provide you with replacement content (determined by Geotag Aeroview in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.

 

 

Warranties

Warranty of Non-Infringement

Your use of the content in accordance with this agreement and in the form delivered by Geotag Aeroview will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content.

 

Warranty Disclaimer

Geotag Aeroview 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.

 

Caption/Metadata Disclaimer

While Geotag Aeroview has made reasonable efforts to correctly categorize, keyword, caption and title the content, Geotag Aeroview does not warrant the accuracy of such information, or of any metadata provided with the content.

 

No Other Warranties

Except as provided in the "warranty of non-infringement" section above, the content is provided "as is" and “as available” 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. Geotag Aeroview does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.

 

General Terms

 

This Content License Agreement (along with the Terms of Use) constitute the entire legal agreement between you and Geotag Aeroview and govern the use of the Website and of the content by you.

 

You expressly and unconditionally accept that Geotag Aeroview may provide notices, including such that may relate to modification of this License Agreement, through e-mails, mail or announcements.

 

Any delay or failure to exercise any right of Geotag Aeroview, either once or repeatedly, shall be no way deemed as waiver of such right that may be exercised at any time.

 

Should a provision of these Terms be invalid, you expressly and unconditionally accept that said term shall be replaced by Geotag Aeroview with another of an equivalent effect, thus interpreting the actual will of the parties. In any case, the remaining Terms hereof are not affected by the invalidity of any term and remain valid and in force.

 

In case of breach by the user of any Term hereof, in addition to the consequences provided herein or in any other source of law, Geotag Aeroview has the right, at its absolute discretion, to discontinue, temporarily or permanently the ability to access the content and the Website.

 

These Terms are governed exclusively by the Cypriot law. For the resolution of any dispute that may arise by these Terms, the courts of Cyprus shall have the exclusive jurisdiction.