Last updated on February 7, 2016
This is a license agreement between you and Sightseeing Guy that explains how you can use photos and video clips that you license from Sightseeing Guy. By downloading content from Sightseeing Guy, you accept the terms of this agreement.
Sightseeing Guy offers two types of licenses: commercial and noncommercial.
A noncommercial license gives you rights to use the content for non-commercial purposes only. Examples of how you can use the content under a non-commercial license include: your photo books, wedding cards, home decorations, and digital wallpapers on your personal devices.
A commercial license gives you rights to use the content for both non-commercial and commercial purposes. Examples of how you can use the content under a commercial license include: websites, blog posts, social media, advertisements, marketing campaigns, corporate presentations, newspapers, magazines, books, film and television productions, web and mobile applications, and product packaging.
Using licensed content
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Sightseeing Guy are:
- Perpetual, meaning there is no expiration or end date on your rights to use the content.
- Non-exclusive, meaning that you do not have exclusive rights to use the content. Sightseeing Guy can license the same content to other customers.
- Unlimited, meaning you can use the content in an unlimited number of projects and in any media.
For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
Please make sure you read the Restricted Uses section below for exceptions.
No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner.
No Standalone File Use. A standalone file means just the content file itself, separate from the project or end use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file.
No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content.
Intellectual property rights
All of the licensed content is owned by Sightseeing Guy. All rights not expressly granted in this agreement are reserved by Sightseeing Guy.
Termination, Cancellation, and Withdrawal
This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Sightseeing Guy may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Sightseeing Guy in writing that you have complied with these requirements.
Sightseeing Guy does not offer refunds or re-credits for downloaded files. File replacement will only be considered based on technical issues with the file at the sole discretion of Sightseeing Guy.
Sightseeing Guy may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Sightseeing Guy, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Sightseeing Guy may be liable, Sightseeing Guy may require you to immediately, and at your own expense, cease using the content, delete or destroy any copies; and ensure that your clients, distributors and employer do likewise. Sightseeing Guy will provide you with replacement content, determined by Sightseeing Guy in its reasonable commercial judgment, free of charge, subject to the other terms of this agreement.
Representations and Warranties
Sightseeing Guy makes the following representations and warranties:
Warranty of Non-Infringement. Your use of the content in accordance with this agreement and in the form delivered by Sightseeing Guy will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity.
No Other Warranties. Except as provided in the "warranty of non-infringement" section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Sightseeing Guy does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
Indemnification and Limitation of Liability
Indemnification of Sightseeing Guy by you. You agree to defend, indemnify and hold harmless Sightseeing Guy from all damages, liabilities and expenses, including reasonable outside legal fees, arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
Indemnification of you by Sightseeing Guy. Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth in the section “Warranty of Non-Infringement” above, Sightseeing Guy agrees, subject to the terms of this Section, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses, including reasonable outside legal fees, arising out of or in connection with any breach or alleged breach by Sightseeing Guy of its warranty in the section “Warranty of Non-Infringement” above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Sightseeing Guy, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right.
The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation, in which case the indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought.
Limitation of Liability. Sightseeing Guy WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF Sightseeing Guy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
Assignment. This agreement is personal to you and is not assignable by you without Sightseeing Guy's prior written consent. Sightseeing Guy may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
Entire Agreement. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
Notice. All notices required to be sent to Sightseeing Guy under this agreement should be sent via email to legalnotice@SightseeingGuy.com. All notices to you will be sent via email to the email set out in your account.
Licensing Entity. The licensing entity under this agreement is determined based on your billing address and shall be as set out on your invoice.