Domeble Lisence Agreement

This is a legal agreement (“Agreement”) between you (“Data Controller”), the client, and us, the image supplier (“Data Processor”). You will be deemed to have accepted all the terms of this Agreement in respect of any image you receive or download (including preview images and thumbnails) unless, in the case of images delivered by physical means, you notify us to the contrary and return all the images to us within 5 days of receipt.

1. Lisences To Use Content

 Domeble grants users the ability to license Visual Media Content through the Domeble web site via several different subscription options, currently Free, Hobbyist, Freelancer, Professional or Elite, each with its own set of rights and restrictions as described on the subscription page and as subject to the license provisions set forth below. Additional subscription options may be offered and extended licences are available.

Each license under an applicable subscription plan grants the user a worldwide, non-exclusive, non-sub-licensable, non-transferable and perpetual royalty-free license to reproduce, distribute, publish, transmit and display, in whole or in part, the Visual Media Content, and create derivative works from the Visual Media Content in any and all media for all legal purposes other than those uses prohibited by the restrictions set out below:

Free and Hobbyist : Within the limitations of your chosen subscription plan and the following restrictions, Free and Hobbyist Licenses grant access to Domeble Limited’s complete collection of Visual Media Content for personal and portfolio purposes only. Commercial use of Visual Media Content under a Free or Hobbyist License is not allowed. To use Visual Media Content for commercial purposes, you must re-download it after upgrading to a subscription plan that includes commercial use.

Freelance, Professional & Elite: Subject to the limitations of your chosen subscription plan and the following restrictions, Pro, Studio, and Enterprise Licenses cover (a) personal and portfolio use and (b) commercial use.

License Restrictions

1. No Standalone File Use: You may not (i) make the Visual Media Content available separately from its incorporation in any work accessible to unauthorized users, or (ii) make the Visual Media Content available in a manner intended to allow or encourage third parties to download, extract, redistribute, or access it as a standalone file.

2. No Unlawful Use: The Visual Media Content cannot be used for any pornographic, political, defamatory, or otherwise unlawful purpose, either directly or in context or juxtaposition with other material or subject matter.

3. No False Representation of Authorship: You may not falsely represent, explicitly or implicitly, that you are the original creator of a work substantially derived from the Visual Media Content.

4. No Trademark Use: Incorporating the Visual Media Content into a logo, corporate ID, trademark, or service mark is prohibited.

5. No Sensitive Use without Disclaimer: When using Visual Media Content featuring a model or property in connection with a subject that may be unflattering or unduly controversial to a reasonable person, you must accompany such use with a statement indicating that: (i) the Visual Media Content is used for illustrative purposes only, and (ii) any depicted person, if any, is a model.

6. No Competing Use: Using Visual Media Content to compete with Domeble Limited or create a content library for distribution is not allowed.

7. Electronic Template Use or On Demand Product Use: You may not (i) include Visual Media Content in an electronic template for third-party use on electronic or printed products, cut files, digital scrapbooking, or digitized embroidery files intended for multiple distribution, or (ii) use or display Visual Media Content on websites or in any medium designed to induce or involve the sale, license, or other distribution of “on demand” products.

 8. NFTs: The use of any Visual Media Content in connection with an immutable digital asset intended for sale or distribution, such as a non-fungible token (NFT), is prohibited.

 9. No Machine Learning, AI, or Biometric Technology Use: You may not use Visual Media Content (including associated caption information, keywords, or metadata) for machine learning, artificial intelligence, or technologies designed for the identification of natural persons without an agreed license.

 Others Who May Access and Use the Content:

You may allow subcontractors to use Visual Media Content licensed to you for the preparation of the final work product that incorporates the Visual Media Content, provided such subcontractors agree to comply with this Agreement. You may also license Visual Media Content on behalf of a third-party client (“Client”), provided you identify the Client upon request and represent and warrant that: (i) You are authorised to act as an agent on behalf of the Client and have full power and authority to bind the Client to this Agreement; and (ii) if the Client disputes such power or authority, you shall be liable for any failure of the Client to comply with the terms of this Agreement.

 Seat License:

Each user must have a unique password and user ID to access the Visual Media Content on the platform. Additional seat licenses must be purchased from Domeble Limited for any additional individuals who need access to the Visual Media Content.

 Credit and Intellectual Property:

No ownership or copyright in any Visual Media Content is transferred to you through this Agreement. Except as expressly stated, Domeble Limited grants no express or implied rights or licenses to the Visual Media Content. You may not claim any right to revenue from a collecting society for photocopying, digital copying, or other secondary uses of the Visual Media Content in works incorporating it. You must inform Domeble Limited of any unauthorised use of the Visual Media Content.

 License and Subscription Payment:

No licenses are granted until Domeble Limited receives full payment for the license or subscription fee. Unless credit terms are specifically agreed upon between Domeble Limited and you, fees must be paid before the publication or other use of any Visual Media Content. A service charge of 2.5% per month applies to any unpaid balance after the initial use of the Visual Media Content. Disputes regarding invoices must be submitted in writing within 10 business days of the invoice date. You are responsible for covering any collection fees incurred by Domeble Limited to collect past due amounts.

 Subscription Billing:

Subscriptions are billed either monthly or annually based on your chosen subscription plan, starting on the purchase date and subsequently on the Renewal Date. The Renewal Date corresponds to the calendar day of the month indicated on the subscription order. Subscriptions will be automatically renewed for consecutive terms unless canceled at least 48 hours before the Renewal Date to avoid charges for the next subscription period. Cancellation after the Renewal Date takes effect at the end of the following subscription period. All fees exclude applicable sales, use, withholding, or other transactional taxes, for which you are responsible.

 Term:

Your subscription continues according to the purchased plan as long as fees are paid on time. Expiration of your subscription means you no longer have the right or authorisation to download and use additional Visual Media Content from the platform.

 Download Limits:

Domeble Limited may impose download limits per product or subscription, which can change without notice. This Agreement’s license automatically terminates if you fail to comply with any of its provisions. Upon written notice of termination from Domeble Limited (email suffices), you must immediately (i) cease using the Visual Media Content, and (ii) delete or remove the Visual Media Content from your premises, computer systems, backups, and storage (electronic or physical).

 Revocation:

Domeble Limited reserves the right to revoke the license for any Visual Media Content with just cause and may choose to replace such Visual Media Content with alternative Visual Media Content. Upon notice of license revocation for any Visual Media Content, you must immediately cease using it, take steps to discontinue its use in existing products, and inform all end-users and clients. Replacement Visual Media Content is subject to the terms and conditions of this Agreement.

 Warranty and Limitation of Liability:

Domeble Limited warrants that (i) the Visual Media Content will be free from defects in material and workmanship for 30 days from delivery and your sole and exclusive remedy for such breach is the replacement of the Visual Media Content; (ii) it has all necessary rights and authority to enter into and perform this Agreement.

Terms of Service Agreement
This Terms of Service Agreement (“Agreement”) is entered into between you and Domeble Limited. By using our services, you agree to comply with the terms and conditions outlined below. Please read this Agreement carefully before using our services.

1. **Use of Services**
Domeble Limited provides various services through its platform. Your use of these services is subject to your compliance with this Agreement and any additional terms and policies provided to you. You agree to use our services only for lawful purposes and in a manner consistent with this Agreement.

2. **User Accounts**
To access certain services, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account information, including your password. You agree to provide accurate and complete information when creating your account and to update it as necessary to keep it current.

3. **User Responsibilities**
You agree not to engage in any of the following activities:
a. Violating any applicable laws or regulations.
b. Interfering with or disrupting the integrity or performance of our services.
c. Attempting to gain unauthorized access to our systems or data.
d. Using our services for any illegal, harmful, or fraudulent activities.
e. Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.

4. **Intellectual Property**
All content provided through our services, including but not limited to text, images, graphics, and software, is the property of Domeble Limited and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use this content for your personal and non-commercial purposes only, as permitted by this Agreement.

5. **Third-Party Content**
Our services may contain links to third-party websites or content. Domeble Limited does not endorse or control these third-party sites or content and is not responsible for their accuracy, legality, or availability. Your interactions with these third parties are solely between you and them.

6. **Privacy**
Your use of our services is subject to our Privacy Policy, which governs the collection, use, and sharing of your personal information. By using our services, you consent to our Privacy Policy.

7. **Termination**
Domeble Limited reserves the right to terminate or suspend your access to our services at any time and for any reason, without prior notice. Upon termination, you must cease using our services and may be required to delete any downloaded content.

8. **Disclaimer**
Our services are provided on an “as is” and “as available” basis. Domeble Limited makes no warranties, express or implied, regarding the availability, reliability, or accuracy of our services. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. **Limitation of Liability**
To the extent permitted by law, Domeble Limited shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our services, even if we have been advised of the possibility of such damages. Your sole remedy for any dissatisfaction with our services is to stop using them.

10. **Governing Law**
This Agreement is governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles. Any disputes arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.

11. **Miscellaneous**
a. Assignment: This Agreement is personal to you and may not be assigned without Domeble Limited’s prior written consent. We may assign this Agreement without notice.
b. Electronic Storage: When provided with electronic content, you must retain all relevant copyright and identification information. You are responsible for safeguarding the content against unauthorized access.
c. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
d. Waiver: No waiver of any provision of this Agreement shall be deemed a continuing waiver or a waiver of any other provision.
e. Entire Agreement: This Agreement, along with any additional terms and policies provided by Domeble Limited, constitutes the entire agreement between you and us, supersedes any prior agreements or understandings, and may only be modified in writing and accepted in writing by both parties. In case of any inconsistency between the terms herein and any purchase order or communication from you, the terms of this Agreement shall prevail.

By using our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement and our Privacy Policy. If you do not agree with any part of this Agreement, please do not use our services.