| Schuster Images Licensing Arrangements
Schuster Images offers three licensing arrangements that determine how you may access, acquire and use materials downloaded from the Schuster Images website: Standard, Exclusive or Editorial. All licences are covered by an End-User Licence Agreement (EULA). Not all images are available under all licence types.
Prints and products offered for sale are not offered under a licence agreement and purchasing such prints or products does not assign any rights or permissions.
How you can use images under an Editorial Licence:
How you can use images under a Standard Licence:
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Editorial, advertising and promotional projects, including: printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, newsletters, promotional greeting cards and promotional postcards; BUT NOT for resale or licence;
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Entertainment applications, such as: books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations; BUT NOT for resale or licence;
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Online or electronic publications, including: web pages, newsletters, CDs, DVDs, blogs, templates and other electronic material; BUT NOT for resale or licence;
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Prints, posters and other reproductions for personal use or promotional purposes specified in above, BUT NOT for resale, licence or other distribution;
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Limited to reproduction, distribution or print runs of 50,000 - hard copy or electronic;
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Purchasing an image is good for the life of the original purpose. Relicensing is required should the original purpose require updating or new editions/versions are released;
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During this time other clients will be permitted to use the image in part or its entirety; and
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You cannot redistribute to another company or person, unless it is directly and solely related to the purpose for which it was original licensed.
How you can use images under an Exclusive Licence:
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All of the options in a Standard Licence plus:
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Exclusive use of the image, in as many forms as required;
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Unlimited reproduction, distribution or print runs; and
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Licensed for items for resale, up to 50,000 (cards, stationery items, stickers, paper products, posters, calendars, mugs, mousepads, t-shirts, apparel and entertainment goods) BUT NOT for use in resale templates or fine art reproductions.
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No other client will be permitted to use the image in its entirety, but may in part; and
- You cannot redistribute to another company or person, unless it is directly and solely related to the purpose for which it was original licensed.
By purchasing and/or downloading an image from Schuster Images you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement and the Terms of Use, and otherwise identified on the Schuster Images website.
Examples of use
Example 1: You need to design a brochure for a print run of 38,000 and wish to use a photo from Schuster Images in it. This can be purchased as a high resolution image under a Standard Licence. If you decide to also use the photo for a related trade show poster, you can do so.
Example 2: You need to create a manual for your 40,000 customers and wish to use three photos from Schuster Images in it. You also need to use one of these images as the main image in your annual report that goes to 150,000 people and do not want to see it in another company’s collateral. Two of these images can be purchased under a Standard Licence, the other image you wish to use in the annual report will need to be purchased under an Exclusive Licence.
Example 3:You licence an image from Schuster Images and use it in your brochure, a partner organisation would also like to use the image in their brochure. Your partner will need to licence the image directly from Schuster Images. If you have any questions or require further information, please contact us.
By downloading or accessing any image or material from Schuster Images, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on the Schuster Images website:
"Materials" from this website will constitute and be defined as any photo, image, design or layout represented on the Schuster Images website.
This agreement is made by and between Schuster Images and YOU the end end-user (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from the Schuster Images website.
By downloading any Materials from Schuster Images you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and elsewhere identified on our website.
All rights and copyrights to this website and Materials shall remain the exclusive property, right and control of and under Schuster Images.
Terms and Conditions as Defined Below:
A. User's Rights to Materials from Schuster Images. You agree to access, acquire, and use our Materials as follows:
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These Terms and Conditions constitute a legal Agreement between You and Schuster Images.
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In the case of Materials purchased under a Standard Licence, Schuster Images grants You a nonexclusive, non-transferable licence to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
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In the case of Materials purchased under an Exclusive Licence, Schuster Images grants You the exclusive, non-transferable licence to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement. No other client of Schuster Images may use the image in its entirety, although they may in part.
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In the case of Materials purchased under an Editorial Licence, Schuster Images grants You a nonexclusive, non-transferable, single-use licence to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
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In the case of Materials purchased under an Editorial Licence, You may access, acquire, and use the materials downloaded from Schuster Images only for the purpose of editorial; including use in media or news releases, articles and news items and only for a single use.
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In the case of Materials purchased under a Standard or Exclusive Licence, You may access, acquire, and use the materials downloaded from Schuster Images subject to these Terms and Conditions in the following manner:
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In the development and creation of your business presence and entity.
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As part of an offline presentation, meaning in menus, magazines, in books, on book covers as part of the cover's design, and newspapers.
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In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, brochures and fliers.
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As part of office presentation and layout for your business, in other words, for decor in an office, lobby, retail store, or public area.
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In a PowerPoint presentation, however, use of our Materials in this medium must include an explicit statement in an easily identifiable location in this presentation noting that some images contained in this presentation are the copyrighted property of Schuster Images. As such, these images are being used under a licence from said entities, and may not be copied or downloaded without explicit permission from Schuster Images.
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As part of a design element of a website, electronic newsletter, video, film, television broadcast, CD-Rom cover, or video game. However, you may not, under any circumstances use the materials from our website in a Website template or any template or design sold individually or as part of an archive or catalogue collection, or an automated shopping system, under any circumstances. You MAY however use our photos in client websites that are NOT distributed through an archive or automatic system.
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In the case of Materials purchased under a Standard Licence reproduction, distribution or print runs are limited to a maximum of 50,000 - hard copy or electronic.
B. User's Restrictions on the Use of Schuster Images Materials. You agree not to access, acquire, or use our Materials in any of the following manners:
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You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
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You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
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You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the User's Rights to Materials from Schuster Images section of this Agreement.
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In the case of Materials purchased under an Editorial Licence, You may not use any of the Materials downloaded or obtained from our site in any form other than in editorial form. Materials purchased under an Editorial Licence cannot be used in multiple publications or forms.
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In the case of Materials purchased under a Standard Licence, You may not use any of the Materials downloaded or obtained from our site in any form that is to be resold or relicensed.
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In the case of Materials purchased under an Exclusive Licence, You may not use any of the Materials downloaded or obtained from our site in any form that is to be resold or relicensed for over 50,000 items.
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You may not use any of the Materials downloaded or obtained from our site in a website template or any template or design sold individually or as part of an archive or catalogue collection, or an automated shopping system, under any circumstances. You MAY however use our materials in client websites that are NOT distributed through an archive or automatic system.
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You may not use any of the Materials downloaded or obtained from our site in fine art reproductions.
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In the case of Materials purchased under a Standard Licence You may not reproduce, distribute or print runs of more than 50,000 - hard copy or electronic.
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You may not display or post multiple images or Materials obtained from Schuster Images in a stand-alone or gallery format that makes it easy for people to copy, save or steal the materials or images. This is to prevent materials from being freely or easily re-distributed.
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You may not allow or authorise any third party to use the Materials for any purpose at any time or resell, sublicence, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
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You may not use any download software, internet accelerators, or other similar software or automated programs to access or download any materials from our website at any time.
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You may not remove any copyright or trademark information from any place in the files or accompanying materials.
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You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
C. You understand and agree that Schuster Images may, in its sole discretion:
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Monitor your download activity from Schuster Images as often as Schuster Images determines under its sole discretion for any reason and for any violation of this Agreement.
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Disable any account that engages in what Schuster Images determines to be a large number of photos on any given day; as such activity indicates possible EULA violations or abuse of a username/password and account.
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Limit downloads to a fixed amount of downloads per 24 hour period, per user, as Schuster Images sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
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Investigate any abuse of your username and password in connection with the Schuster Images website or in connection with this Agreement.
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Take the appropriate action to investigate all potential abuse, which can lead to contacting the individual involved with the violations, account suspension, account termination, or other actions deemed necessary depending on the nature and severity of the violations, if we are unable to confirm the validity of the activity.
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Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Schuster Images, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your username or password, and/or our Materials, you lose all rights to Schuster Images Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
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Seek and be entitled to receive payment or compensation from you for any perceived breach of these licensing arrangements. Payment or compensation may include, but not be limited to; additional licensing fees, copyright infringement penalties, legal fees and any other expenses incurred.
D. You understand that Materials are copyrighted and owned by Schuster Images and where relevant the photographer only, and any unauthorised use of any of these Materials by you may be an infringement upon said copyright.
E. Schuster Images and all Materials are made available to you AS IS, AS AVAILABLE, and WITH ALL FAULTS. Schuster Images its employees, directors, and officers and anyone else associated with Schuster Images makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. Schuster Images further makes no representation or warranty that your usage of Schuster Images will be uninterrupted, error free of computer viruses, or other damaging materials. When you login to your account, and access Schuster Images, you do so at your own risk.
F. You acknowledge that the Materials available through this website are the property of Schuster Images or its material providers and is protected by copyright and possibly other intellectual property laws. Furthermore, you acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that you must obtain consent from the owners of the intellectual property when necessary to comply with intellectual property laws. Absent an explicit written statement from Schuster Images stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from Schuster Images or its content providers. Further, Schuster Images makes no claims or warranties as to the validity of the model or property releases associated with any image and such releases should be verified by you and that such usage shall be at your risk.
G. Schuster Images, its employees, directors, and officers, or anyone else associated with Schuster Images shall not be liable for any indirect, special, consequential, economic damages including but not limited to loss of revenue or profits, arising out of the use, or inability to use, the Materials. Schuster Images, its employees, or related parties, will in no event be liable for any damages to exceed the amount paid by you for accessing or using Schuster Images, and for accessing, acquiring, and/or using Materials from Schuster Images.
H. Payment is made through PayPal Australia Pty Limited (PayPal), as such Schuster Images, its employees, directors, and officers, or anyone else associated with Schuster Images accepts no responsibility or liability for the use and security of your credit card and personal details provided through the PayPal system at the point of purchase. Details you disclose to PayPal are, generally, not provided to Schuster Images by PayPal, except in the case where such information is required in order to confirm payment or supply goods.
I. AGE OF MAJORITY. You warrant and attest that you are of the age of majority, and that your signature shall serve as confirmation and attestation to this statement. You further agree that you fully understand the contents, meaning and impact of this agreement. You will not use these Materials in any way that is not permitted in this Agreement or in violation of this Agreement. Your use of these Materials will not violate any applicable law or regulation of any country, state, or other governmental entity. You further attest that the information you provide to Schuster Images is accurate and true, including without limitation all credit card information.
J. You agree to fully, indemnify, and hold harmless Schuster Images, its employees, directors, officers, and any other entity associated with Schuster Images, and each of its successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys' fees and expenses, arising in connection with Your use of the Materials and this website or of any breach or alleged breach of any representation, warranty, or other promise made by You in this Agreement.
K. ENTIRE AGREEMENT. You acknowledge that this agreement expresses the parties entire understanding and agreement, and that there have been no warranties, representations, covenants, or understandings made by either party to the other except as expressly set forth in this agreement. The parties further acknowledge that this agreement supersedes, terminates, and otherwise renders null and void any and all prior or contemporaneous agreements or contracts, whether written or oral, entered into between Schuster Images and You with respect to the matters expressly set forth in this agreement.
L. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.
If you have any questions or require further information, please contact us.
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