Terms Of Use and License agreement


TERMS OF USE AND LICENSE AGREEMENT


Preamble.


These Terms and Conditions (hereinafter also referred to as "Terms” or "Contract") govern the use of the Website www.vintmage.com (hereinafter referred to as "Website") and the licence terms applicable to the images published on the Website and purchased by users.


Users are invited to read carefully these Terms before using or continuing to use the Site.


The company, (hereinafter also referred to as "Company” or "Licensor”) retains all titles and ownership rights in the images, pictures and illustrations uploaded on this Website, including without limitation the database where those images are organized, rights conferred under European and international laws and Italian Law number 633 of 22 April 1941.


Querimago S.r.l.s. (hereafter referred to as "Querimago”, the "Company” or the "Licensor”), located at via privata Ferdinando Lassalle n. 2, 20141 Milan, Italy, operates the Site.


All images, pictures and illustrations belonging to Querimago or to its Contributors as displayed on this Website (hereinafter also referred to as "Images” or "Works”) are an original work of authorship and consist of a substantial rework and remake of a pre-existing public domain work, and as such, protected by copyright laws, with severe civil and criminal sanctions in case of unauthorized use.


If any competent court holds one or more provisions of this Terms invalid or unenforceable, such invalidity or unenforceability shall be replaced with a new provision that most closely provides the intended purpose and the other provisions of the Contract will remain in full force and effect. In this Contract, any term used in the singular shall include the plural and vice versa, and any term in the masculine shall include the feminine and neuter.


In the event of any inconsistency, the provisions of the Italian language version shall prevail over the English version. If there is an inconsistency between any of the provisions of this English language version and a translated version, the provisions of this English language version shall prevail. Any translated versions of these Terms shall be for convenience only.


1 OBJECT


1.1 This Contract governs the access to and use of the Site for the purposes described in these Terms as well as the terms of license related to the Works.


1.2 This Website consists of a digital platform that allows registered users (hereinafter referred to as "Users” or "Licensee”) to view and select Works and purchase their rights of use from the Licensor or from the Contributors, as better specified in this Contract.


1.3 In order to purchase any license on the Works, Users must register by creating an account with a username and password. After registering, Users are allowed to access the member area of the Website and proceed with the purchasing.


1.4 Therefore, upon receipt of full payment, the Licensor grants the User a license to use the Works he/she decides to select and download. Those Users purchasing a license shall be referred to as "Buyer” or Licensee”. Therefore, the Contract applies directly to such individual or entity. As a result, the individual or entity on whose behalf the license is purchased will be considered the actual Licensee.


1.5 The fee for the license may vary depending on the Works content, format, type of license, number of Works purchased and their characteristic as better specified under section 6 "License Fee”.


2 LICENSE TERMS


2.1 Whereas the Company is the sole and exclusive owner and right holder of its Works as shown on the Website, it shall grant Users, upon complete payment of the fees shown on the Website, the right of use on the Images according to the license terms specified herein. Under the same license terms, Users can purchase a license on all the images belonging to the Contributors, as defined under article 7. No ownership in any Work shall pass to the Licensee by the purchase of any licence under this Contract.


2.2 Once the registration process is finalized, Users can choose to purchase a license for those Images that are available, by proceeding, upon completion of full payment, to their download as shown on the Website. Upon receipt of full payment, Users purchase a right of use on the Images, according to the type of license purchased. Users can choose between two types of licenses: a standard license ("basic license") and an extended license ("extended license"), as better specified under articles 3 and 4.

2.3 In the event that a User purchases a license on behalf of a company, legal entity or other person, he must inform the Company and provide all data related to such entity or person on whose behalf he/she is making a purchase.


2.4 In the above event, User represents and warrants that it has been expressly authorized to make the purchase on behalf of Licensee and has the power to bind the Licensee to the Conditions herein.

2.5 Some of the Images displayed on the Site can be downloaded for free ("free images"). Free images are specifically indicated on the Site as such and can be used, reproduced and distributed only for educational, didactic or editorial purposes. Any reproduction of Images must comply with the license Terms herein. Therefore Users must cite the Copyright notice "www.vintmage.com © Querimago Srl" or if the Image belongs to a Contributor "www.vintmage.com © (Contributor’s name)".


2.6 Any publishing or resale of the Works on online retailer website (including but not limited to websites such as cafepress.com, polyvore.com, zazzle.com, redbubble.com, etsy.com, teacherspayteachers.com) or other microstock sites (website managing an online database of images) is strictly forbidden, even if a User has purchased an extended license.


2.7 Each purchased license entitles a single Licensee to download and use only one Image according to these Terms. Therefore, Licensee is the only person entitled to use the Works.


2.8 Users are allowed to generate templates incorporating the Works, however each template must be created in such a way that it makes impossible to individually download an Image.

It is forbidden to post links online that allow to download the Works.

Users should not use the Images in a contest or in such a way that it would allow a third party to use, download, extract the Image as a stand-alone file.

If for any reason a User wants to use the Images as a unique and stand-alone file (for example an icon), the only way Users are allowed to do that is by uploading them with a format of 200x200 pixels with a resolution not higher than 72 dpi.


2.9 The Licensee must always keep, store and use the Images purchased without altering the integrity of the original file or editing or removing any original metadata.


2.10 If a User intends to generate a template for resale, then it must purchase an extended license.


2.11 Users must not sell or distribute, whether for a consideration or free of charge, any of the Images as stand-alone digital content. Licensee can only sell or distribute the final product/derivative work created from the use of the Image or from its incorporation, but committing themselves to protect the Works and their file from downloading by third parties.


3 STANDARD LICENSE


The standard License includes a personal, non-transferrable, non-exclusive right to use, modify, transform, adapt, publish and reproduce the Images for an unlimited number of copies and for the following purposes:


Personal use: User is the only one entitled to use the Work for non-commercial purposes.


Educational, didactic, informative: Works can be used, including but not to, in newspapers, magazines, books, education and schoolbooks and on any other item only for descriptive, informative, and educational purposes. Images can be reproduced on websites, blogs, social networks and other digital means for the same purposes mentioned herein. In case of reproduction on a printed item, User must retain the copyright symbol "www.vintmage.com © Querimago” o "www.vintmage.com © (name of the contributor)”. If the User wants to display an Image on a website, it must retain the copyright symbol and the Image resolution must not be higher than 72 dpi.


Promotional: Works can be reproduced them into any physical items including but not limited to newspapers, magazines books, posters, leaflets, brochures, covers, games, letterhead, signs, T-shirts, posters, cards, hats, bags, textiles and other supports as long as they are not for resale or distribution. Works can be used for interior decorations of private houses, offices or to create props for television broadcasts or theatrical exhibition. Images can be used as Web marketing, banners, templates for websites, icons, e-books, advertisement via social networks (Facebook, Instagram, Twitter, etc.) and broadcasted on television,


Works can also be used fully or partially to create animations to be distributed both on television, film and via web. There is also the opportunity to use the Images with software, apps, smartphone, digital touch applications and other digital instruments.


4 EXTENDED LICENSE


If the Licensee wishes to use the Images and reproduce them into a product or digital support intended for resale or distribution, then the Buyer must purchase an extended license. Through an extended license, Licensor grants the Licensee a personal, non-transferrable, non-exclusive, perpetual and worldwide right to use the Images in material or digital items intended for sale or distribution.


The extended license allows a User to print, use or display an Image on up to 50.000 (fifty thousand) tangible media. It is strictly forbidden to print, use or display Works on a any tangible media over the limit of authorized edition of these Terms. If a User intends to exceed this limit, it must purchase a new extended license.


Tangible media include T-shirt and clothes, posters, printing, mugs, dishes, greeting cards, product packaging, catalogues, brochures, greeting cards, stationary items, magnets. It allows using Works to generate electronic templates for resale on websites (like screensaver).


The extended license allows Users to reproduce the Images an unlimited number of electronic supports, including websites templates, applications.

Apart from what stated above, all other intellectual rights in the Works pertain to the Company.


5 PROHIBITED USES


Licensee is expressly prohibited from:


-Using the Images in breach of these license Terms, for instance by reproducing them on any physical or digital medium for resale without having an extended license in place.


-Using the Images on defamatory, offensive, slanderous or pornographic contests, in breach of third parties data privacy rights, against good manners or against the applicable law.


-Incorporating the Works into a third party trademark, logo or company symbol or as part thereof.


-make the Works available online or on a server in a downloadable format or enable them to be distributed via mobile phone devices, website or social network


-Transferring or assigning the license to a third party, selling the Images or parts thereof including the rights of use granted by the Company.


-Transferring an account to another person or entity, or using the account of a third party without permission.


The breach by the Licensee of one or more of the above provisions constitutes a material breach, granting Licensor the right to immediately terminate the Contract, revoke the license to use any Images and remove the user Account, without prejudice to any damages incurred by the Licensor.


6 LICENZE FEE


The rights of use are transferred from the Company to the User only upon completion of the ordering process and full payment of the fees specified on the Website. Therefore, the transfer is subject to the condition precedent that the licence fee is fully paid and received by the Licensor.

Before completing the ordering process, Users will be able to see the consideration payable for the license, such consideration to be determined according to the type of license purchased.

The fee becomes due and payable upon completion of the ordering process. All payments are made via Paypal or credit card, after having clicked on the "Accept and pay” virtual key.

Upon payment completion, the Company will issue an email with the order confirmation reporting a link that points to these Terms.


7 CONTRIBUTORS


Users can also purchase the rights of use on third-party images where the Company is neither the author nor the owner of the exclusive rights holder. In this case, the Licensee will enter into a license agreement directly with the third party right holder (also referred to as "Contributor"), at the same license terms applicable under this Contract.

In this respect, the role of the Company is solely to facilitate the listing of Contributors’ own images on its digital platform. Therefore, the Company cannot guarantee that the content of the Images uploaded on the Site do not violate any intellectual property rights, or that it is inappropriate or offensive and therefore disclaims any liability with respect thereto. All Contributors will be held responsible towards the Users and the Company for any defect of their Images and for damages and expenses incurred by the Users or the Company as a result of or in connection with any breach or alleged breach by the Contributors of any third party rights, including intellectual property. Users are aware that the Images listed and shown on the Website a Contributors’ Images are offered directly by the Contributors. Therefore, Querimago is not responsible or liable for the quality or the content of those third party Images.


This license agreement ruling the use of Contributors’ images is concluded online directly between the Contributors and the Users. Therefore, any User purchasing a license of use on one or more Images of the Contributors will abide by these Terms of use.


8 LIABILITY AND WARRANTIES


To the maximum extent permitted by applicable law, User assumes full liability with respect to the use of this Website and the compliance with the license terms of section 2, 3 and 4 of this Contract, agreeing to fully indemnify and hold harmless the Company from all consequences of any breach of the license terms or unauthorized use of the Images.

Users acknowledge and agree that the right to produce the tangible media with the Image on it for resale or distribution does not grant any intellectual property rights or other rights on the Works, neither to the User, nor the final user, except if differently stated in this Contract.

Users agree to indemnify and hold the Company harmless for any damages or expenses that the latter may incur in connection with or in respect of any tangible or digital support sold or distributed by the User.

Any unauthorized use of Works is a serious breach of the copyright laws and authorizes the Licensor to protect its rights and those of its assignors by taking any due action against the non-compliant User in accordance with the applicable law.


The Company does not grant any intellectual property rights on third party original works jointly reproduced with the Images or embedded into them in a single item or within a single project. The rights to the Image licensed by the Company do not include any such additional third party rights. For this reason, User will be solely responsible to obtain all permits and authorizations by their authors or assignors, agreeing to indemnify the Company against any third party claim for compensation, damages and expenses that may arise from the breach by User of any third party intellectual property rights.


The Licensor makes no representation that the Images are suitable for a particular purpose and disclaim any liability with respect to damages due to the inability to use the Images for the User’s intended purpose. It will be up to each User to evaluate whether the Images are suitable or not for their needs.


Licensor undertakes no liability whatsoever for any failure to download the Images due to any force majeure event (such as unforeseen electricity shortages or lack of Internet connection, or any problems linked with the running of the servers, and any other similar events totally or partially preventing the dealing with the order).

The Company disclaims any liability in connection with User’s browser or if the Image is not compatible with the editing software. It also disclaims any liability in connection with any wrong printer setting as well as for any incorrect set up of PayPal account.


However, in case of any problem with the download process, a User can contact the customer support at the following address: support@vintmage.com


Licensor shall not be liable towards any party or third party for any damage, loss and cost incurred as a result of the failure to implement this Contract, or the order, due to the reasons mentioned above, since the User shall solely be entitled to be refunded the price paid.


9 CHANGES TO THESE TERMS


These Terms may be updated, supplemented, or amended by the Company at any time. The Licensor shall inform Users by posting an advice on the home page and such updates, amendments and/or supplements shall be effective for any future purchase orders.

By continuing to access or use the Website after Licensor has posted a modification, Users fully agree to be bound by the modified Terms.


10 APPLICABILE LAW AND COMPETENT COURT


Any dispute which may arise out of the implementation, performance, interpretation and breach of these Terms and shall be governed by the Italian jurisdiction and law.

 

In the event of any dispute arising out of these Terms, the Court of Milan (Italy) shall have the sole Jurisdiction, also pursuant to the contents of article 4 of EU Regulation n. 1215/2012.