fotoroad.net LICENSING TERMS & CONDITIONS

Editorial Images Use

What are "editorial  images"?

Editorial-use images are images of recognizable people that are newsworthy for some reason and that do not have model releases.

Typically, all our images of recognizable people have model releases. But editorial images are not released, and they are legally acceptable to use for what the law calls 'editorial uses' such as editorializing, news, social commentary (check with your attorneys regarding the law and your particular use to be sure).

These photos are normally taken in public places, and do not invade the personal privacy of the person(s) in the image since they are taken in public. Images like this can be legally used for commentary and newsworthy purposes such as public interest commentary, news reporting, criticism of social, news worthy, and/or cultural issues, and parody. U.S. law allows photographers to take photos of people in public places without the need for a model release, as long as there is no posted notice prohibiting it. Fotoroad.net  can sell these images, as long as they are taken in a public place and downloaders can use those images for "editorial" uses listed above.

Examples of editorial images:

• newsworthy events 
• live sports and music events
• street scenes
• celebrities
• news or social events
• cultural events

Commercial, trade, promotional and advertising uses are generally not permitted with editorial-use images.

You should not use the images for reasons other than personal use/study, cultural commentary, political or newsworthy commentary, satire, or criticism. Using the image to sell a  car or other product - or as a product (calendar, tshirt, mug, etc.) would not be allowed without a model released image. Typically, editorial use images are used in magazines, newspapers, etc. where commentary, news, or critique is being made.
1.
Editorial Use Only (with Rights Managed)
You must purchase License(Editorial Usage in magazine...) and aditional Size (S,M,L,L,XL,XXL...)
The use of our photos in this manner must include an explicit statement in an easily identifiable location on the front of the print noting: "photo ID #(or photographer name) © www.fotoroad.net" 

2.
Editorial Use Only (with Royalty Free or Right Managed without other License needs) you can just download size you need.
3.
,,,Free Royalty Free,, images -The high resolution images downloaded from the ,,Free Images,, category may be used under the terms mentioned for the regular Royalty Free license.Maximum amount of copies is limited to 10,000 copies. If you exceed this amount You need buy  ,,Physical Items for Resale,, license.
4.
,,Royalty-Free,, License
Royalty-Free means is that you pay for the image only once and then you can use it as many times as you like, with just a few restrictions.There are no license fees except the initial fee and no other royalties to be paid except those included in the initial cost. Note that the maximum number of copies for printed materials is 100,000 copies.

The free files downloaded from the Free Photos  category may be used in commercial projects under our ,,Free Royalty Free,, license  and according to our terms and conditions. This is a one-person license and is given to you as a designer, your employer (client) or any employed persons.

 


Physical Items for Resale: includes the right to use the photos for t-shirts, postcards, greeting cards, mugs, mousepads, posters, calendars, framed artwork that is to be sold to other customers for a maximum amount of 10,000 copies (applies as a total of each type of usage). If this amount is exceeded you need to acquire this license once again. The new license will provide you with the standard amount of copies.
This is an additional license to the rights included within the regular Royalty-Free license. 
Other restrictions still can apply.

END-USER LICENSE AGREEMENT (EULA) ? By downloading any image or material from our website, you hereby agree to the following terms and conditions as outlined herein, and as listed elsewhere on our website:

This agreement is made by and between fotoroad.net (otherwise listed herein as You or Your) who creates an account for the right to access, acquire, and use Materials from this website.  fotoroad.net hereby represents that it owns all rights and copyrights to all materials on our website, and all rights and copyrights to said website and materials shall remain the exclusive property, right and control of and under fotoroad.net and  ?Materials? from our website will constitute and be defined as any photo, image, design, or layout represented on the fotoroad.net website.  By downloading any Materials from fotoroad.net you are asserting your declaration that you have read, understood, and agreed to all terms and conditions listed in this Agreement, and otherwise identified on our website. 

Terms of Use and Conditions as Defined Below:

A. User?s Rights to Materials from fotoroad.net.  You agree to access, acquire, and use our Materials as follows:
 

1. These Terms and Conditions constitute a legal Agreement between You and fotoroad.net.
   
   
2. fotoroad.net.com grants You a nonexclusive, nontransferable license to download, use, modify, publish, and display our Materials according to the defined Terms and Conditions of this Agreement.
   
   
3. You may access, acquire, and use the materials downloaded from fotoroad.net.com subject to these Terms and Conditions in the following manner:

• a. In the development and creation of your business presence and entity.
• b. As part of an offline presentation, meaning in menus, magazines, in books, on book covers as par of the cover?s design, and newspapers.
• c. In the development and creation of marketing, promotional, or advertising materials, including newsletters, mailers, print ads, packaging, and fliers.
• d. As part of office presentation and layout for your business, in other words, for d?cor in an office, lobby, retail store, or public area.
• e. 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 fotoroad.net.  As such, these images are being used under a license from said entities, and may not be copied or downloaded without explicit permission from fotoroad.net.?
• f. As part of a design element of a website, 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 catalog 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.
   

B. User?s Restrictions on the Use of fotoroad.net Materials.  You agree not to access, acquire, or use our Materials in any of the following manners:

1. You may not at any time share, sell, give, or allow anyone to use your username/password, nor access your account for any reason.
   
   
2. You may not distribute, share, sell, or give away any of our Materials at any time for any reason whatsoever.
   
   
3. You may not distribute our Materials electronically or in hard copy, except as specifically outlined in the ?User?s Rights to Materials from fotoroad.net? section of this Agreement. 
   
   
4. 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 catalog 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.
   
   
5. You may not allow or authorize any third party to use the Materials for any purpose at any time or resell, sublicense, or otherwise make available the Materials for use or distribution separately or detached from a product or Web page.
   
   
6. 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.
7. You may not under any circumstances use Materials in connection with any illegal, obscene, immoral, or pornographic material.
    

C. You understand and agree that fotoroad.net may, in its sole discretion:

1. Monitor your download activity from fotoroad.net as often as fotoroad.net determines under its sole discretion for any reason and for any violation of this Agreement.
   
   
2. Disable any account that engages in what fotoroad.net 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.
   
   
3. Limit downloads to a fixed amount of downloads per 24 hour period, per user, as fotoroad.net sees fit on an individual basis, and to ensure the quality of our service is retained to be delivered to all.
   
   
4. Investigate any abuse of your username and password in connection with the fotoroad.net website or in connection with this Agreement.
   
   
5. 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.
   
   
6. Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on fotoroad.net, 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 fotoroad.net Materials, and you must IMMEDIATELY delete any and all Materials obtained prior to this termination, and forfeit all fees paid.
    

D. You understand that Materials are copyrighted and owned by fotoroad.net only, and any unauthorized use of any of these Materials by you may be an infringement upon said copyright. 
 
E. fotoroad.net and all Materials are made available to you ?AS IS,? ?AS AVAILABLE,? and ?WITH ALL FAULTS.?  fotoroad.net its employees, directors, and officers and anyone else associated with fotoroad.net makes no representation or warranty, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement.  fotoroad.net further makes no representation or warranty that your usage of fotoroad.net will be uninterrupted, error free of computer viruses, or other damaging materials.  When you login to your account, and access fotoroad.net, you do so at your own risk.
 
F. fotoroad.net, its employees, directors, and officers, or anyone else associated with fotoroad.net 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.  fotoroad.net, 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 fotoroad.net, and for accessing, acquiring, and/or using Materials from fotoroad.net.
 
G. 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 fotoroad.net is accurate and true, including without limitation all credit card information
 
H. You agree to fully, indemnify, and hold harmless fotoroad.net, its employees, directors, officers, and any other entity associated with fotoroad.net, 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.
 
I. 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.  Any modifications to this agreement shall be made in writing and agreed to by both parties in writing.  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 the Buyer and Seller with respect to the matters expressly set forth in this agreement.
 
J. You agree, attest, and reaffirm your agreement to the terms listed herein and to conduct your transaction electronically.