MELBA ROYALTY FREE LICENSE AGREEMENT

Welcome to MELBA agency. Please read the following terms and conditions. This is a legal agreement between you an MELBA agency. You acceptance of these terms is an absolute condition of your use of this product.
All images on this web are owned by MELBA agency and are protected by Spanish and Europeans laws.
Images in our royalty free can be purchased as single images, with price based on file size, or as disc collection with many images on each disc.These images may be used as many times and many ways as you would like with these restrictions:
1. Images and cd's can not sell, hire, transmit, ceded, give up or concede any right or sublicence to the product (CD or image). The client agrees to take the greatest measures possible to impede the distribution or sale of the photographs to third parties.
2. All images on this web are owned by melba agency and are protected by Spain copyright laws. The license contained in this agreement will terminate if you fail to comply with any provision of this agreement. You must inmediately stop using the image and destroy all copies.
The acceptance of the melba agency's invoice constitutes a binding contract between the melba agency and the client. If you subscribe to this agreement in the name of your company, the licences and their restrictions will also be binding on your company. If you stop working for the company, it may continue acting with the licence under the conditions acquired. The low-resolution images (72dpi) are also included under the licence conditions.
The acceptance of the melba agency's invoice constitutes a binding contract between the MELBA agency and the client. If you subscribe to this agreement in the name of your company, the licences and their restrictions will also be binding on your company. If you stop working for the company, it may continue acting with the licence under the conditions acquired. The low-resolution images (72dpi) are also included under the licence conditions.
The use of low-resolution images (72dpi) is permitted for mock-ups and comps.
Melba guarantees the copyrights of all of the photographs that appear on its web.
The licence shall be automatically cancelled if the client does not pay the MELBA agency in full.
MELBA does not grant any related right to persons, places, properties, or commercial brands that may appear in the images. It is the client's responsibility to find out if there are any additional rights.
3. When used in publishing, the client must obligatory include the name of the agency, even if the image has been obtained free of royalties.
Any conflict arising from this contract shall be governed by the laws of Barcelona , Spain , not by the an international convention on trade contracts.
MELBA is not responsible to the client for any complaints by third parties for any damages or crimes from either direct or indirect use of its images.
The client agrees to keep the copyright of the MELBA agency, in an electronic file, and to continue fulfilling the conditions of this agreement.
The MELBA agency reserves all rights that do not explicitly appear in this agreement.
Permitted uses royalty free images
For any printed use for publishing, publicity, packagings or wrapping, advertising presentations for television, online or multimedia projects, web designs, but NOT for photographic products for direct sale to the public such as: posters, t-shirts, calendars, postcards, but not limited to only these types
Any other type of use of a digital nature such as types of electronic cards, screen savers, web (except for templates of web sites), as long as the resolution of the images does not exceed 480x640 pixels and they are placed in a design in which it is stated that it is prohibited to download and sell the photograph.
There is NO limit to the number of users WITHIN your company or trade name. Not SUBSIDIARY company(no one outside your particular organization may use the images.Please contact with MELBA AGENCY if you have any doubt ) who may use our images as long as they comply with the conditions of this contract and know about the copyright on the images. The client must take all necessary measures to prevent the images from being freely accessed and accept responsibility for any infraction of copyright laws that may occur. Any copy or archive you make must include the image's copyright information.
The photographs may not be used in digital media from which they can be downloaded.
The client's rights are of a universal nature as long as they do not cause lack of compliance with the contract.
Modify or alter the image is permitted.
The low resolution images are the property of the MELBA agency. Permission is only granted for use in sketches and mock-ups. The low resolution digital media may not be used in any final material, distributed within or externally to the company, including for uses such as advertising, marketing or any other on-line distribution system except for distributing design sketches, in digital or electronic format, to clients for their approval. In general, all of the rights to the low-resolution photographs are the property of the MELBA agency and its photographers
Prohibited uses. You may not:
Shell, hire, transmit, cede, give away or concede any right or sublicence to the product (CD or image). The client agrees to take the greatest measures possible to impede the distribution or sale of the photographs to third parties.
Example: if you create a website for you client, and use one of our images in your design, perfect, but you make it clear to your client thar you are not reselling or transferring to them the image itself, only the use in the specific design that you have created for them.
Also is forbidden use our images in brochures, calendar, postcards, websites or other that will be sold in odd lots to customers"template" who can put their own logo on the brochures, calendar...you will need other specific license.
It is not permitted to use the images as a trademark, service mark or logo or to violate copyright or trademark law.
Remove any copyright or trademark from any place where it appears on the image.
Reverse engineer, decompile or disassemble any part of the image(s)
Use the image in uses that could be considered defamatory, libelous, pornographic, inmoral o fraudulent.
Images may not be included in any electronic template or application, including those of the internet, if their finality is to create multiple printings of a printed or electronic product, including web designs, presentation templates, or electronic or printed calling cards. As mentioned above, it is not permitted to use the images in commercial products, the principle value of which comes from the product itself such as retail sale of signs, calendars, posters or such like.
The MELBA agency does not grant any additional rights in the licence to use its images. It may be possible that, for certain images, it may be necessary to obtain permission from persons, trademarks, fine arts rights, or copyrights. Melba does not grant this type of rights. It is the client's responsibility to obtain these rights, if need be, or legal counsel if the desired use requires some right.
Payment terms
Payment must be made within a three-month period as of the date of the invoice. A surcharge of 1.5% per month may be added after that date.
The client has the right to a 50% refund of the invoice as long as no more than 30 days have elapsed from the issue date of the invoice.
Restrictions
The images may contain restrictions, which are independent of the general conditions.
Responsibility
The MELBA agency is not responsible for the accuracy of the information provided by the agency on the photographs.
The MELBA agency and its photographers are not responsible to the client or to any third parties for any type of damages resulting from the use or impossibility of using its images. In no case, whatsoever, shall the melba agency's responsibility exceed the amount billed to the client for the use of its images.
Guarantee
MELBA guarantees that it has acquired sufficient rights to the copyrights so as to be able to grant those rights.
Product search
A virtual CD is a set of images, without royalties, offered for on-line sale with the possibility of downloading it after having purchased it. The content of the virtual cd may be accessed through the section "my virtual cds" of your account.
There are shipping materials available to the CD clients. There is a small surcharge for sending the CD by post.
About privacy
Non-fulfilment of the copyright may be fined by up to 100,000 euros.
MELBA agency has agents throughout the world supervising its images.