LANDSCAPE DIGITAL STANDARD RF LICENSE AGREEMENT
This is a license agreement between yourself and Landscapes Digital that explains how you can use the images licensed from Landscapes Digital. By purchasing from our website, you are accepting the terms of this agreement.
- What type of license do we offer?
Landscapes Digital offers a standard RF license. By downloading images for Landscapes Digital, you are accepting the terms of this license.
You are welcome to use watermarked content from this site as a test or sample use only. Watermarked images cannot be used in any final publicly available materials.
- 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 Landscapes Digital 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. Landscapes Digital 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.
- Restricted Uses.
- 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 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).
- No Direct Purchasing. Direct license purchasing from photographers on Landscapes Digital is strictly prohibited. You are welcome to contact the photographers direct for private work or images that are not advertised on Landscapes Digital.
- 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 licensed content and claim that you are the author.
- Restricted Uses – unless extended license purchased. Extended licenses are only available for purchase on premium images and not directly from the photographer.
- 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).
|Restriction||Products for resale/ Electronic templates|
|Standard License||Not permitted|
|Extended License||Up to 100,000 postcards, greeting cards or other cards, stationery, stickers and paper products;
Up to 10,000 posters, calendars or other similar publications, mugs or mousepads; or
Up to 2,000 t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods like CDs or DVDs, framed or mounted artwork.
Unlimited for electronic products such as mobile applications and electronic templates.
- Limited print run. Unless you purchase an extended license, you may not reproduce the content more than 500,000 times in physical print form. This restriction does not apply to electronic reproduction.
- 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.
- 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.
Please note that seat/user restrictions apply. You may only use the content with appropriate amount of users, as explained in Section 5 below.
- Are there any seat/user license restrictions?
Yes. The standard license is for a single user. The seat/user restrictions refer to the raw file of content, not the end project or use.
- Intellectual property rights.
- Who owns the content?
All of the licensed content is owned by either Landscapes Digital or the artists who supply the photos. All rights not expressly granted in this agreement are reserved by Landscapes Digital and the content suppliers.
- 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: “landscapes.digital/Artist’s Member Name.”
You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Landscapes Digital 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 Landscapes Digital 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.
- File Download Refunds– Landscapes Digital do not offer refunds for downloaded files. Returns will only be considered based on technical issues with the file at the sole discretion of Landscapes Digital.
- All requests for refunds/cancellations must be made in writing to firstname.lastname@example.org. If the request is approved, Landscapes Digital will refund via PayPal. In the event of a refund, your rights to use the content terminate, and you must delete or destroy any copies of the content.
- Content Withdrawal.
Landscapes Digital may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Landscapes Digital, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which Landscapes Digital may be liable, Landscapes Digital 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. Landscapes Digital will provide you with replacement content (determined by Landscapes Digital in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
- Representations and Warranties.
Landscapes Digital makes the following representations and warranties:
- Warranty of Non-Infringement.Except with respect to content identified as “editorial use only,” your use of the content in accordance with this agreement and in the form delivered by Landscapes Digital 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.
- “Editorial Use Only” Warranty Disclaimer.For content identified as “editorial use only,” Landscapes Digital 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.
- Caption/Metadata Disclaimer.While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, Landscapes Digital does not warrant the accuracy of such information, or of any metadata provided with the content. Titles, categories, and other such metadata is solely responsible by the Artist responsible for uploading the content.
- 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. Landscapes Digital does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
- Indemnification/Limitation of Liability.
- Indemnification of Landscapes Digital by you.You agree to defend, indemnify and hold harmless Landscapes Digital 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.
- Indemnification of you by Landscapes Digital.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 set forth in Section 9(a) above, Landscapes Digital 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 by Landscapes Digital of its warranty in Section 9(a) above. 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 Landscapes Digital, or upon your knowledge, that the content is subject to a claim of infringement of a third party’s right.
Limitation of Liability. LANDSCAPES DIGITAL 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 LANDSCAPES DIGITAL 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.
- General Provisions.
- Electronic storage.You agree to retain the copyright symbol and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.