LEGAL DEFINITION The client whose name or company is specified on the invoice (hereinafter referred to as “the Client”) has hereby commissioned Smart Man Media, LLC (hereinafter referred to as “Smart Man Media”) to supply and deliver Images. “Your” and “you” refer to the Client. “Images” means all viewable renditions furnished by Smart Man Media, whether captured or stored in photographic, magnetic, optical, digital, or any other medium whatsoever. “Site” refers to the website of Smart Man Media at www.smartmanmedia.com, and “Terms” refers to the Terms and Conditions as set forth below.
ACCEPTANCE OF TERMS By purchasing a User License for any Images on the Site, the Client agrees to and is bound by the Terms and in any modified or additional terms that Smart Man Media may publish. If you do not agree to all of the Terms below, do not access or use this Site.
Smart Man Media may adjust or add to our Terms from time to time. Your continued access or use of the site constitutes your acceptance of current version changes of terms. Please regularly check the "Terms & Conditions" link on the home page of Smart Man Media to view the current Terms.
If you breach any of the Terms, your license to access or use these Images in any manner shall automatically terminate, and Smart Man Media reserves the right to take legal action as deemed necessary in the event that the Client does not remove the Images from any and all E-Commerce platforms, sites, and advertising.
USAGE LICENSE The usage license for your Images will be included in the purchase price of the order. This grants you a worldwide, royalty-free, non-transferrable, non-sublicensable, perpetual license to use and display the purchased Images on your business website or E-Commerce platform, with unlimited alterations for any promotional and advertising usage you see fit, with the exception of Amazon, eBay, or any other marketplace that facilitates the sale of products - both new and used - between third-party sellers (i.e. private label) and buyers.
Images may NOT be uploaded to Amazon, eBay, or any other third-party marketplace.
Images may be incorporated into advertisements, such as billboards, printed packaging, labeling, magazines, newspapers, and other tangible media, and the Client is permitted to use the Images in online advertising and social media.
360° Images: Smart Man Media is not responsible for the integration of 360° Images onto your website or platform. You may need a third party or developer to install an extension or write custom code for your site in order to properly display 360° images.
COPYRIGHT & OWNERSHIP Smart Man Media retains all ownership rights, intellectual property rights, and copyrights including but not limited to Smart Man Media’s Images, videos, or any other content provided.
Smart Man Media does not grant any expressed or implied permission to use any content. The Client agrees not to copy, frame, modify, adapt, sell, distribute, license, sublicense, create derivative works based on, or reverse engineer any of Smart Man Media’s content.
IMAGE SIZING & RESOLUTION At this time all Images available for usage are 1,000px x 1000px. Smart Man Media may offer higher resolution images in the future. If you would like a higher resolution, email us at info@smartmanmedia.com, and we’ll be happy to get you a quote. Smart Man Media will not deliver RAW files.
PRIVACY & PAYMENT Smart Man Media will never collect data or sell your information to third parties. For purposes of billing, any payment information (including but not limited to credit card number, billing address, shipping address, name, etc.) you share with Smart Man Media is confidential and used solely for billing purposes. You can read Smart Man Media’s full Privacy Policy here.
USAGE VIOLATIONS Using Images with material that violates any third party rights, or infringes the intellectual property or other rights of any person or entity will violate our Terms & Conditions.
The Client may not share the Images with any third party or claim ownership or apply to register any Design marks, Service Marks, Sound Marks, Trade Names, or trademarks that use any Images in part or in their entirety.
Any use of Smart Man Media’s Images in a defamatory manner, or implied connection with unflattering, immoral, offensive, obscene, or controversial, taking into account the nature of the content will immediately violate your agreement with our Terms and your license to access or use these images in any manner shall automatically terminate. Examples of this include using Images for the endorsement of political parties, opinion-based movements, tobacco, and pornographic ads, or in any way that violates any applicable laws, rules, or regulations.
By agreeing to the Terms, you acknowledge that you MAY NOT reproduce, modify, remove any copyright/proprietary notations, re-license content or sell the ownership of Images to anyone else which includes placing content into stock portfolios for profits.
Violating any of the Terms will result in copyright infringement. Those involved will be prosecuted to the maximum extent of the law, as well as the termination of your licensing to any content provided by Smart Man Media at any time.
If the Client violates any of the Terms as set forth by Smart Man Media, the Client agrees that the usage license is terminated and the Client will not be refunded any amount of payment. Upon termination of the license, the Client is required to destroy/delete all Images and/or content.
UPDATES TO TERMS Smart Man Media may make changes to the Terms from time to time. In the event of an update or change, Smart Man Media will notify you by revising the date at the top of the Terms and, in some cases, may provide you with additional notice. You should look at the Terms regularly. Unless otherwise noted, the amended Terms will be effective immediately, and your continued use of our Services and Software will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services and Software. Please regularly check the Terms and Conditions link on the Site to view the current terms. If you breach any of the Terms and Conditions, your license to access or use the Images shall automatically terminate.
RETURN POLICY All sales are final. Digital products cannot be returned or refunded.
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