mentzart.com Digital Photo Download License Agreement

The mentzart.com website is governed by copyright and licensing rules similar to those of the most popular stock photo portals, such as: GettyImages, IstockPhoto, Shutterstock or Adobe Stock etc. The difference is that the owner of the mentzart.com website is also the author of all the photos offered on it.

This Digital Photo Download License Agreement (the “Agreement”) is entered into between:

Standard License Agreement

Grant of License

(a) The Licensor, Pavel Mentz, grants the Licensee a non-exclusive, non-transferable, worldwide license to use, reproduce, and display the Digital Photo(s) in accordance with the terms and conditions specified in this Agreement.

(b) The Licensee may use the Digital Photo(s) for personal, non-commercial, or commercial purposes, including but not limited to, advertising, marketing materials, websites, social media, and print publications.

(c) The Licensee may not resell, sublicense, distribute, or make the Digital Photo(s) available in any form or manner that allows third parties to access or download them separately from the Licensee’s authorized projects or products.

Permitted Usage

(a) The Licensee may modify the Digital Photo(s) to suit their creative requirements, but such modifications shall not infringe upon the intellectual property rights of the Licensor or any third party.

(b) The Licensee shall credit Pavel Mentz and mentzart.com whenever the Digital Photo(s) are used in an editorial context or where credit is customary.

(c) The Licensee’s usage of the Digital Photo(s) shall comply with all applicable laws and regulations, including but not limited to copyright, privacy, and defamation laws.

Prohibited Usage

(a) The Licensee may not use the Digital Photo(s) in a manner that is defamatory, obscene, immoral, or illegal.

(b) The Licensee may not use the Digital Photo(s) in any way that suggests the endorsement or affiliation of any product, service, or individual without prior written consent from Pavel Mentz.

(c) The Licensee may not claim ownership or authorship of the Digital Photo(s) or any derivative works created using the Digital Photo(s).

(d) The Licensee may not print or reproduce the Digital Photo(s) in physical form for commercial resale, such as on posters, canvas prints, or physical merchandise without obtaining an extended license from the Licensor.

(e) The Licensee may not exceed the print run limit specified in this Agreement without obtaining an extended license from the Licensor.

Print Run Limit

The Licensee is allowed to reproduce the Digital Photo(s) in physical form up to 25 copies for each individual Digital Photo. If the Licensee intends to exceed this print run limit, they must obtain an extended license from the Licensor.

Ownership and Copyright

(a) Pavel Mentz retains all rights, title, and interest, including copyright, in and to the Digital Photo(s). This Agreement does not transfer any intellectual property rights to the Licensee.

(b) Any unauthorized use of the Digital Photo(s) or breach of this Agreement shall constitute a material breach, and the Licensee’s rights to use the Digital Photo(s) shall be terminated immediately.

Warranty and Liability

(a) The Digital Photo(s) are provided on an “as-is” basis. Pavel Mentz makes no warranties, express or implied, regarding the quality, suitability, or fitness for a particular purpose of the Digital Photo(s).

(b) Pavel Mentz shall not be liable for any direct, indirect, consequential, or incidental damages arising out of the use or inability to use the Digital Photo(s).

Indemnification

The Licensee agrees to indemnify, defend, and hold harmless Pavel Mentz and mentzart.com from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or related to the Licensee’s use of the Digital Photo(s) in violation of this Agreement or applicable laws.

Termination

(a) This Agreement shall remain in effect until terminated by either party.

(b) Pavel Mentz may terminate this Agreement immediately if the Licensee breaches any of its terms.

(c) Upon termination, the Licensee shall cease all use of the Digital Photo(s) and delete or destroy any copies in their possession or control.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of Poland E.U. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Poland.

Entire Agreement

This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written.

By downloading and using the Digital Photo(s), the Licensee acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this License Agreement.

Extended License Agreement

In addition to the standard license offered for photographs on mentzart.com, we also provide an option for an Extended License for broader use. The Extended License grants the licensee the rights to use the photographs on a larger scale, specifically for use by large commercial entities or for creating derivative products for resale.

The Extended License allows for the following additional uses:

1. Use in Commercial Projects: Licensee may incorporate the photographs into commercial projects, such as advertisements, marketing materials, and product packaging, for wider distribution.
2. Resale of Derivative Products: Licensee may use the photographs to create derivative products (e.g., prints, posters, merchandise) for resale, subject to the terms of this Extended License.

To obtain the Extended License, Licensee must contact the author, Pavel Mentz, directly using the contact details provided on the website. The specifics of the Extended License, including the scope of use, duration, and any additional fees, will be negotiated individually with the author.

Please note that the Extended License will be determined and agreed upon individually with each Licensee. The usage rights granted will be tailored to the individual needs of the Licensee and the intended scope of use.

By purchasing the Extended License, Licensee acknowledges and agrees to abide by the terms and conditions set forth in this Extended License Agreement and the standard License Agreement for photographs available on mentzart.com.

For inquiries or to discuss the possibility of obtaining an Extended License, please contact the author at info@mentzart.com