Tems & conditions

Contents Usage:

Unless explicitly permitted by Paco Feria / travelreportages.com, you may not reproduce, distribute, transmit or otherwise exploit the Content or any portion thereof. Your use of any image shall be governed by the licensing terms applicable to your use.

Travel. Reportages licensing terms are incorporated into this Agreement by reference. You shall indemnify Paco Feria / travelreportages.com, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred as a result of your breach of this agreement or your unauthorized use of the Content or related rights.

Comping License Agreement for Rights-Managed Images

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Paco Feria / travelreportages.com PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY IMAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD OR USE ANY IMAGES CONTAINED IN THIS SITE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND/OR PRINCIPAL AS WELL AS TO YOU AS A REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER AND/OR PRINCIPAL. YOU HEREBY FURTHER WARRANT AND REPRESENT TO Travel Reportages THAT YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL AND THAT YOU WILL NOT USE ANY IMAGE OBTAINED FROM Travel Reportages FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH TRAVEL REPORTAGES.

ALL THE IMAGES INCLUDED IN THIS SITE ARE COPYRIGHTED AND ALL RIGHTS TO THESE IMAGES ARE OWNED BY Travel Reportages AND/OR ITS LICENSORS. BY THE PRESENT AGREEMENT YOU ARE ONLY GRANTED THE LIMITED RIGHT TO USE THE IMAGES FOR COMPS AND LAYOUTS IN ACCORDANCE WITH THE TERMS OF THE PRESENT AGREEMENT. ALL RIGHTS THAT ARE NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT ARE RESERVED.

I. Grant of license for comping use only

1.1 By this Agreement, Travel Reportages grants to you, for a period of thirty (30) days (hereinafter the "Term"), a non-exclusive, non sub-licensable, non assignable and non-transferable right to use the images you have selected (hereinafter "the Images") solely for internal evaluation and/or to create preliminary layouts and comps. You may make only one copy of the Images into your personal computer for the limited purposes of examination and preliminary layouts and comps.You hereby agree upon expiration of the Term to immediately stop using the Images and destroy any digital copy of the Images.

II. Unauthorized uses

2.1 By the present agreement, you ARE NOT granted the right to:

2.1.1 use the Images in any final materials including but not limited to, advertising, marketing, editorial materials or any other commercial application of the Images.

2.1.2 sublicense, sell, distribute or make available for use or distribution, by any means, the Images whether in whole or in part.

2.1.3 place and distribute the Image in any online or other electronic distribution system (except that you may transmit comps digitally or electronically to your clients for their review).

2.1.4 use the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing or other illegal manner.

2.1.5 use the Images or allow the use of the Images in any way that violates the right to privacy or publicity.

2.1.6 use the Images outside the parameters of use stated in Section 1 above.

2.2 Without limiting Travel Reportages's rights on the Images, any unauthorized use of the Images constitutes copyright infringement entitling Travel Reportages to exercise all rights and remedies under applicable copyright laws and treaties.

2.3 You agree to indemnify and hold Travel Reportages and its licensors harmless from any and all claims, liabilities, damages, costs and expenses including lawyer's fees, arising from any unauthorized use of an Image.

III. Severability

3.1 Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect.

IV. Law and venue

4.1 This Agreement, and all matters collateral thereto, shall be governed by and construed in accordance with the laws of Spain, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in Barcelona, Spain. Notwithstanding the foregoing, this provision shall not prevent Travel Reportages, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

License Agreement for Rights-Managed Images

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Travel Reportages (APLICACIONES DE LA IMAGEN, S.L.). PLEASE READ THIS AGREEMENT CAREFULLY. BY DOWNLOADING AND/OR USING ANY RIGHTS MANAGED (RM) IMAGE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT DO NOT DOWNLOAD OR USE ANY IMAGE CONTAINED IN THIS SITE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL, THIS LICENSE AND ALL THE RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND/OR PRINCIPAL AS WELL AS TO YOU AS A REPRESENTATIVE AND/OR AGENT OF YOUR EMPLOYER AND/OR PRINCIPAL. YOU HEREBY FURTHER WARRANT AND REPRESENT TO Travel Reportages THAT YOU HAVE FULL AND EXPRESS AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER AND/OR PRINCIPAL AND THAT YOU WILL NOT USE ANY RIGHTS MANAGED IMAGE OBTAINED FROM Travel Reportages FOR THE BENEFIT OF ANY OTHER PERSON OR ENTITY WITHOUT ENTERING INTO A SEPARATE LICENSE WITH Travel Reportages .

ALL IMAGES ARE COPYRIGHTED AND ALL RIGHTS TO THESE IMAGES ARE OWNED BY Travel Reportages AND ITS LICENSORS. Travel Reportages RETAINS ALL RIGHTS NOT SPECIFICALLY GRANTED TO YOU BY THIS AGREEMENT. YOUR RIGHT TO USE ANY RIGHTS MANAGED IMAGE IS SUBJECT TO YOUR FULL PAYMENT OF THE LICENSE AND THE RESTRICTIONS SET FORTH IN THIS AGREEMENT.

I. Definitions

1.1 In this Agreement the following terms should have the following meanings:

RM Image (Rights Managed Image): means any visual representation generated optically, electronically, digitally or by any other means and which is licensed by Travel Reportages according to the terms of the present License agreement.

Invoice: means the computer generated or pre-printed invoice which includes without limitations the permitted scope of use of the RM Imagesselected and the corresponding price for the license of such RM Images.

Reproduction: means any form of copying or publication of the whole or part of any RM Image by any means whatsoever. Reproduction shall also include any distortion or manipulation of the whole or part of any RM image.

II. Rights Granted

2.1 Conditioned upon your full payment of the license and your compliance with the terms of the Invoice and this Agreement (including all restrictions), Travel Reportages grants You a non-exclusive (unless otherwise stated in the Invoice), non-sublicensable, non-transferable right to reproduce the RM Images listed in the Invoice in accordance with the reproduction rights granted and specified in the Invoice.

2.2 The rights hereby granted to you are non-transferable which means that any work that you produce using an RM Image must be for your own use, or for the use of your direct employer or client, who must be the end-user of your work (as long as all relevant data pertaining to any such end-user is clearly stated in the Invoice for having been provided to Travel Reportages prior to licensing). In any such event, You hereby agree to be jointly and severally liable for any breach of the terms hereof by your employer and/or client.

2.3 Unless otherwise specified on the Invoice, the license granted on the RM Images are strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions specified on the Invoice, which is incorporated into this agreement by this reference, and as incorporated together with this agreement constitutes the full license granted.

2.4 Unless otherwise stated in the Invoice, all licenses on the RM Images are granted for a one time use, in a single publication, single size, single territory, in one single language, and for a term of one (1) year from the date the applicable Invoice is issued.

2.5 All rights not specifically granted to You are reserved. The license fee on the RM Images depends on the nature of the rights granted, therefore You undertake to obtain an additional license before undertaking any expanded use of any RM Image.

2.6 The following credit line is required for any editorial use of any RM Image " [Photographer's name]/[Travel Reportages]" For commercial uses, you shall include the credit described above when customary and appropriate.

III. Restrictions on use

3.1 The RM Images may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from Travel Reportages is required for use of any RM Images for sensitive subjects, including without limitation, topics that may depict the subject matter of an RM Image in a negative or unfavourable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product.

3.2 Travel Reportages reserves the right not to license any RM Image for any reason whatsoever.

3.3 You may only use a single copy of the RM Image on a single computer. You may only download the RM Images onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the RM Images for any purpose except as otherwise provided in the Invoice. Notwithstanding the foregoing, You shall be allowed to make one (1) backup copy for security purposes only.

3.4 Upon termination or expiration of the license, You shall cease any use of the RM Images and promptly erase or destroy any reproducible copies of the same.

IV. Unauthorized uses and indemnification

4.1 Any use of any RM Image beyond the scope of t he license set forth on the Invoice or in a manner not expressly authorized by/or in breach of the present Agreement constitutes infringement of copyright, entitling Paco Feria / travelreportages.com to exercise all rights and remedies available under all applicable laws.

4.2 You shall be responsible for any damages resulting from any such copyright infringement, including without limitation any claims by a third party and you hereby agree to indemnify and hold harmless Travel Reportages and its subsidiaries, successors, affiliates, parent, officers, directors, employees, contractors, content providers, licensors, distributors or agents, against all claims (including without limitation, claims by third parties), liability, damages, judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to any unauthorized use of any RM Image or any breach of any terms and conditions or restrictions of the present Agreement, (including any terms, conditions and restrictions included on the Invoice).

V. Releases

5.1 The rights that Travel Reportages grants do not include a license to, and Travel Reportages makes no warranties or representations that it licenses any rights related to any persons, places, properties (real, personal or any other kind) or subject matter depicted in the RM Images. The RM Images may be subject to copyrights, trademarks, rights o publicity, moral rights, property rights or other rights belonging to a third party. You are solely responsible for determining whether the use of the RM Images requires the consent of any other party or the license of any additional rights. You shall not rely solely on the information provided by Travel Reportages. You are solely responsible for obtaining all required releases and clearances which may be required. If You are unsure whether additional rights are required, it is Your sole responsibility to obtain appropriate legal counsel.

5.2 When Travel Reportages states in writing that a model or property release exists for any particular RM Image, Travel Reportages is only stating the existence of any such release without providing any representation or warranties on such release including without limitation any representation or warranties with regards to its validity, enforceability or fitness for any particular purpose.

5.3 In the event that Travel Reportages erroneously advices You that an RM Image is released when it is not, Travel Reportages's sole liability shall be the amount paid for the license of that particular RM Image.

VI. Payment 6.1

You are responsible for ensuring that all the information appearing in the Invoice is true, accurate and complete.

 

VII. Credit or cancellation

7.1 If any licensed Image is not reproduced by you in any way, You can, within thirty (30) days of the date of the Invoice, request in writing, the cancellation of the License, Travel Reportages may then proceed to cancel the Invoice and issue a full credit to your account or credit card. Nothing in this section shall apply to service, administration and shipping fees which shall be payable according to the terms stated on the Invoice and shall be non-refundable.

7.2 After 30 days, no cancellations will be accepted and the full amount invoiced shall be paid.

VIII. Warranty and limitation of liability

8.1 Travel Reportages warrants that: it has all necessary rights and authority to enter into and perform this Agreement. EXCEPT AS PROVIDED IN THIS SECTION, Travel Reportages MAKES NO WARRANTIES (EXPRESS OR IMPLIED) WITH RESPECT TO THE RM IMAGES. AS STATED IN SECTION V ABOVE, Travel Reportages GRANTS NO RIGHTS AND MAKES NO WARRANTIES WITH REGARDS TO THE USE OF NAMES, TRADEMARKS, TRADE DRESS, DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE, AND YOU MUST SATISFY YOURSELF THAT ALL THE NECESSARY RIGHTS AND CONSENTS REGARDING ANY OF THE ABOVE, AS MAY BE REQUIRED FOR THE INTENDED USE HAVE BEEN OBTAINED. WHILE Travel Reportages MAKES EFFORTS TO USE ACCURATE CAPTION INFORMATION, Travel Reportages DOES NOT WARRANT THAT SUCH INFORMATION IS ACCURATE. Travel Reportages MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED REGARDING ANY RM IMAGES INCLUDING, WITHOUT LIMITATION, THAT THE RM IMAGES ARE ERROR FREE, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8.2 EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER Travel Reportages NOR ANY OF Travel Reportages'S SUBSIDIARY, SUCCESSOR, PARENT, AFFILIATE, PARTNER, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT PROVIDER, LICENSOR, DISTRIBUTOR OR AGENT SHALL BE LIABLE FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE RM IMAGES OR OTHERWISE, EVEN IF Travel Reportages HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. Travel Reportages'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE IMAGES SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE LICENSE PAID FOR THE PARTICULAR RM IMAGE.

8.3 THE REPRESENTATIONS AND WARRANTIES MADE BY Travel Reportages IN THIS AGREEMENT APPLY ONLY TO THE RM IMAGES AS DELIVERED BY Travel Reportages AND WILL BE INVALID IF THE RM IMAGES ARE USED IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT.

IX. Severability

9.1 Should any provision of this Agreement be found invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected and shall remain in full force and effect. Such provisions shall be revised only to the extent necessary to make them enforceable.

X. Entire Agreement

10.1 This Agreement contains all the terms of the license agreement for the RM Images and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other communication sent by You, the terms of this Agreement shall govern.

XI. Law and Venue

11.1 This Agreement, and all matters collateral thereto, shall be governed by and construed in accordance with the laws of Spain, excluding the application of its conflicts of law rules, and any dispute arising hereunder shall be litigated solely in a court of competent jurisdiction in Barcelona, Spain. Notwithstanding the foregoing, this provision shall not prevent Travel Reportages, from addressing any competent court, tribunal or venue to which it might be entitled, in order to seek for interim measures or any other legal remedies.

11.2 This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed.

If you are unsure of your rights under this License Agreement or would like to acquire additional rights, please contact us via email info@travelreportages.com