Under the usage agreement, it is permissible to purchase an image/illustration, then add the name of my organization (as original art) and print that combined content for advertising or sale on a bag or T-shirt (as long as it contains my original art in addition to the purchased image). Am I okay? If you use licensed content in a certain way, it may be a “sensitive use” case requiring a special license. To determine if your project involves a sensitive use, ask yourself if it would make a reasonable person believe that the object of your presentation meets one of these criteria: your license also includes us the right: and to authorize others to use, copy, transfer, transfer, disseminate, disseminate and disseminate worldwide content and their derivative works, content information and yours, while others, content, names and biographical information for promotion, advertising, marketing and dissemination of content, you, the website, ourselves and/or our company (together, “for advertising purposes”). Promotional Uses does not entitle you to compensation and does not create additional relationships or responsibilities between you and us. This is not included in “merchandise”: (i) books or periodicals, or (ii) musical, video or audiovisual productions that are used in physical media (for example. B in a CD, DVD) or (iii) packages or information or advertising materials containing such content when the content is not sold separately from the production, all are considered described in the license listed in Section 2 (All media licenses) and are included under “Merchandise”; “Licence” refers to the licence granted to you under this contract. Printing conditions for printed productions: for a licence issued pursuant to Section 2 (All media licences): the compensated party (i) immediately informs the compensated party of the right (provided that non-compliance with the obligation of compensation does not excuse the obligation of compensation, unless the non-disclosure results in substantial damages to the unscathed party); and (ii) to cooperate with the compensated party at the expense of the compensated party to defend a right. The compensated party has the opportunity to defend the right with an appropriate lawyer for the compensated party. The insurance agency that is acceptable for compensation for the party`s errors and omissions is considered to be responsible for the party compensated. If, for whatever reason, the compensated party does not decide on time a claim, as is expected, the compensated party may do so at the sole expense of the compensated party.
Notwithstanding the above (A), unless: Your insurance agency accepts Compensation from Pond5 and defends a claim, Pond5 has the right to defend and control the defence or settlement of the claim and (B) the party controlling the defence of the right will not enter into a transaction agreement that creates a financial obligation for the other party of the person claiming the claim, which is not withheld or repaid by the controlling party without the written consent of the other party. We will process and review notifications of alleged violations and take appropriate action under the Digital Millennium Copyright Act (dMCA) and other applicable intellectual property laws with respect to any alleged or actual infringement.