Effective date: 22 January 2021
You have agreed to be bound by the terms and conditions of this Agreement and by downloading any of the Images from Excio, You acknowledge that You have read, understood, and accepted the terms and conditions of this Agreement.
This Agreement is an agreement between Ad Cloud Company Limited T/A Excio (“Excio“) conducting business or transactions through and as www.excioshop.io (“Site”) and the user (“You“) who downloads the visual content (“Images”) from the Site.
You may not allow anyone else to use Your username or password.
Each use / activity / transaction originating from Your username / account will be attributed to and, be held responsible by You, regardless of whether such use / activity / transaction was known to or approved by You. You must not use any automated means to access, log-in or register accounts on the Site.
You understand that the Images presented on the Site are copyrighted and may be owned by a third party, and any unauthorised use by You may be an infringement of such copyright. Purchase of images from the Site does not transfer Copyright to You.
We reserve the right to amend, change, alter, substitute or otherwise modify the terms and conditions of this Agreement (and other terms and conditions, guidelines or policies on the Site) at any time (“Update“). Each Update will be dated and indicated on the Site, and such indication shall serve as effective notification to You. Continued (i) download of the Images from the Site or (ii) registration of the user account, after two (2) weeks of such Update notification will constitute Your unconditional acceptance of the Update.
If You are purchasing on behalf of a licensee (“Licensee“), You hereby represent and warrant that You are authorized to act on behalf of such Licensee and have full authority to bind the Licensee to this Agreement. If the Licensee fails to abide by this Agreement, You shall be personally and fully liable on a joint and several basis for such failure and any resulting damage or claim. For the purpose of this Agreement, all terms and conditions of this Agreement as applicable to You shall apply equally to the Licensee (as the case may be).
2. Excio Representation.
- Excio is authorised to license the Images under the terms and conditions of this Agreement.
- Excio 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 Images.
- Excio, its employees, directors, and officers, and anyone acting on behalf of Excio make no representation or warranty as to Your right to use any individual’s name, trademarks, likeness, and/or image appearing in the Images without You first obtaining appropriate rights from respective parties if required.
- You understand that You should seek advice before using the Images on or in connection with any goods or services or for any other commercial purposes.
3. Licensee Representation.
You represent and warrant that:
- You are at least sixteen (16) years of age and have the right to enter into this Agreement;
- You will not use the Images in any way that is not permitted by this Agreement;
- Your use of the Images will not violate any applicable law or regulation of any country, state or other governmental entity;
- Information that You provided to Excio is accurate and true, including, without limitation, all payment and billing information;
- The download, upload or use in any way of Images, does not infringe upon the copyright, trademark or any intellectual or proprietary property right of Excio or participating Photographers; and
- Except as otherwise stated in this Agreement, any account(s) opened or maintained by You on the Site will only be accessed and used by You for the purposes and on the terms stipulated in this Agreement.
Subject to the terms herein, on behalf of contributing photographers, Excio grants You a non-exclusive, royalty-free, worldwide, non-transferable licence to use, publish and display downloaded Images according to the Standard Permitted Uses and the terms and condition of this Agreement.
5. Standard Permitted Uses.
- Permitted uses include the use and/or display of the Images (in each case, without any rights of resale) in relation to the following: in connection with events that are newsworthy or of general interest (for example, in a blog, social media, brochures, email campaigns, websites, reports, leaflets, newsletter, website, social media, report, presentations, textbook, newspaper or magazine article). The images may be used for advertisement (including boosted adverts on social media, banners, brochures and magazine adverts).
- Images showing a Model Release can be used for all Permitted Uses.
- Images of recognisable people in public spaces e.g. street photography, sports photography, can only be used for non-advertising and editorial purposes. You must be able to remove the Image if requested to do so by a person depicted in the Image.
- The Images may not be used to sublicense, sell or transfer any rights in this Agreement, share, license, assign or distribute the Images.
- You must not use methods, other than those provided by Excio, such as automated or programmatic means or methods to download the Images from the Site
- You may not use the Images in any way that violates any law, regulation or statute in any applicable jurisdiction.
- The Images may not be used in any way (by itself or with other content / context) that is pornographic, offensive, politically endorsing, racist, ethnically or culturally offensive, obscene or indecent, sexually explicit, immoral, defamatory, intrusive of privacy or illegal; or in a manner which endorses violence or acts of terrorism, adult entertainment services or venues, tobacco products, medical products for treating health issues related to sex, mental condition or terminal illness, dating websites or apps; or is discriminatory towards race, gender, religion, faith or sexual orientation.
- The Images may not be used as a part of, or printed onto, a physical item or template that is to be resold, e.g. Tee-shirts, memorabilia, merchandise, artworks.
6. Custom request
If you require Images for any other use than the Standard Permitted Uses or of a higher resolution than those provided on the Site, or You are looking for Images similar to those You already have, or for any other purpose, you can complete the custom request form available when you click on the button “Not quite what you are looking for?” on the Excio product page. Excio will reach out to its contributors and if such Images are available, will assist You in negotiating a price and license for the purpose You need.
At the time of filling out the custom request form, a non-refundable fee of $50 is payable to submit the request.
7. Unilateral Action
You understand and agree that Excio may, in its sole discretion:
- Monitor anything You download from the Site, as frequently as Excio in its sole discretion determines, for any violation of this Agreement;
- Limit downloads to a fixed amount of total downloads per twenty-four (24) hour period, per User, as to ensure the best possible service to all Excio subscribers;
- Ascertain the usage of Images by You in accordance with this Agreement;
- Track any abuse of Your username and password in connection with the Site or in connection with this Agreement;
- Terminate Your account immediately if we detect You are using, or are trying to use any automated means to download the Content; and
- Terminate Your account, without notice, if it finds what Excio believes to be any violation of this Agreement and/or Image use and/or any abuse of Your username and password. If Your account is terminated for any violation of this Agreement and/or any Image use and/or any abuse of a username or password, You shall lose all rights to the Images and You must immediately delete all Images acquired from Excio, and forfeit all fees paid.
You shall be entitled to license the Images at the rates and/or the pricing as per check out. The prices and/or the pricing may be reviewed and amended by Excio from time to time, in its sole discretion.
This Agreement is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing the terms of this Agreement, the English version shall prevail.
10. Electronic Agreement.
You have agreed and reaffirm Your agreement to this Agreement electronically by downloading the Image.