Last updated: Wednesday, 9 August 2023

IMAGE LICENSING AND USAGE AGREEMENT

Read these terms and conditions carefully before purchasing a Photography Subscription Service from the Seller (Laeba Qasim Creative). By purchasing a Photography Subscription Service, you are agreeing to the terms and conditions of this agreement.

This image licensing and usage agreement will come into effect on the date of when a Photography Subscription Service is purchased between Laeba Qasim of Laeba Qasim Creative (henceforth referred to as the ‘Seller’) and the purchaser of a Photography Subscription Service (henceforth referred to as the ‘Buyer’).

In consideration of the Seller providing the digital image(s) to the Buyer and the Buyer paying the Seller the purchase price and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged for the duration of the Subscription, the Parties agree as follows:

Definitions

• Seller: Laeba Qasim of Laeba Qasim Creative.
• Buyer: The person or company that purchases a subscription.
• Subscription: The service purchased by the Buyer.
• Digital Image(s): The product received by the Buyer across the duration of their Subscription.
• Licensed Content: The Digital Image(s) created for the buyer that are permitted to be Licensed.

Digital Image

1. The Seller owns and is providing the Buyer the digital image(s) described below:

• Digital Image(s) created by the Seller for the Buyer in accordance with the project brief(s) provided by the Buyer to the Seller for the duration of the Subscription.

License

1. The Digital Image(s) is the property of the Seller and is copyrighted by law. The Digital Image(s) shall not be copied, published, or used in any way except as provided for in this Agreement. The Seller reserves the right to use the Digital Image(s) on the Seller’s website and for the Seller’s own marketing or advertising purposes.

2. This License allows the Buyer to use Licensed Content created exclusively for the Buyer by the Seller in accordance with the predetermined guidelines, as outlined in the Permitted Use section below.

3. The Seller will provide the Digital Image(s) to the Buyer for the duration of the Subscription. The Buyer is permitted to use the Digital Image(s) as stated in this Agreement. Upon cancellation or termination of the Subscription, the Buyer is permitted for continued use of the Digital Image(s) created by the Seller for the Buyer during the Subscription. Upon cancellation or termination of the Subscription, the licensing and usage of the Digital Image(s) will remain bound by the terms in this Agreement.

Permitted Use

1. The Buyer shall only use the Digital Image(s) in accordance with this Agreement.

2. This License allows the Buyer to use the Licensed Digital Image(s) without expiration, in any geographic region for an unlimited number of times. The Buyer may use the Digital Image(s) for commercial purposes in any medium or format, except as outlined in the Restrictions on Use section of this agreement.

3. The Buyer may use the Digital Image(s) for the following commercial purpose (the ‘Permitted Use’):

• Advertising, promotion, brochures, packaging
• As part of a commercial website for promotional purposes
• For use on all social media platforms for the Buyers commercial account(s) for promotional purposes
• Prints, posters or magazine for promotional purposes

Restrictions on Use

1. The Buyer agrees to the following restrictions on the Licensed Digital Image(s) and understands that the Buyer may not use the Licensed Digital Image(s) in the following ways:

• Unlawful Use – The Buyer will not use Licensed Content in any defamatory, obscene, immoral, or libellous manner, or in violation of any laws of England and Wales.
• Alterations – The Buyer shall not alter the Licensed Content in any way.
• Redistributing, Reselling – Buyer shall not resell, sub-license or redistribute the Licensed Content.
• File Storage – The Buyer will not store such copies in any manner that allows for downloading or redistributing the file in its original format.
• Pornographic Use – The Buyer will not use Licensed Content in relation to any pornographic subject matter.
• Sensitive Use Disclaimer – If the Buyer uses Licensed Content in connection with subject matter that could be interpreted as controversial in nature, the Buyer agrees to indicate that the Licensed Content is for example purposes.
• False Representation – The Buyer will not falsely represent that they are the original creator of the Licensed Content. Use of licensed images without attribution is not considered False Representation.
• Template Usage – The Buyer will not use Licensed Content for the creation of digital templates intended for resale or other distribution.

Intellectual Property Rights

1. The Seller retains all Intellectual Property Rights in the Digital Image(s), including the sole copyright to the Digital Image(s). Nothing in this Agreement shall operate to transfer, assign, or otherwise grant any other party any right or interest in the Seller’s Intellectual Property Rights or affect ownership by the Seller of Intellectual Property Right with regard to the Digital Image(s).

2. Any use, under conditions not specifically allowed for in this Agreement, may constitute a violation of the copyright laws of England and Wales or international copyrights agreements.

3. The Buyer shall not falsely represent that they are the original creator of the Digital Image(s).

Liability & Indemnity

1. The Seller will not be liable for any third-party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from the Buyer’s use of the Digital Image(s).

2. If the Buyer requires a model or models for any shoots, the responsibility of hiring, selection, payment, and model release relies solely with the Buyer.

Expiry or Termination

1. This Agreement shall terminate immediately upon the failure to comply with the terms and conditions herein.

2. The Seller reserves the right to cancel this Agreement immediately for the following reasons:

• If the Buyer fails to make a payment when due; or
• In the event of the Buyer’s insolvency or bankruptcy

1. The Seller reserves the right to discontinue the license and terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to the Buyer’s unauthorised use of the Digital Image(s).

Governing Law

1. This Agreement will be governed by and construed in accordance with the Laws of England and Wales, without regard to the jurisdiction in which any action may be instituted. The Buyer agrees to submit to the jurisdiction of the courts of England to bring any action or for the enforcement of this Agreement. Notwithstanding, the Seller reserves the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.

Agreement of the Parties

1. This Agreement constitutes the entire agreement between the Seller and the Buyer with respect to the subject matter, the provisions contained in this Agreement cannot be changed except by the signed and delivered written consent of both Parties.