Purchase Agreement

Any image purchased from Trakamoor Features  or through it’s website, Trakamoorfeatures.com is sold/licencencd pursuant to the following terms and conditions. By purchasing the image, you will acquire a licence to the image as set forth herein, and you agree to abide by the terms of this Agreement. The following is a legal and binding agreement between and the Licensee.

Definitions of Terms

Licencee

The Licencee is the specific person or organization whose details are recorded on the Trakamoorfeatures.com account from which the image is purchased/licenced. An invoice will be generated to such person or organization when an image is purchased/licenced pursuant to this Agreement.

Royalty Free (RF)

Images are sold/licensed for a one-time fee. The Licencee’s use is limited by the size of the file purchased/licenced from Trakamoorfeatures.com and by the licence terms set forth in this Agreement. All images are sold/licenced on a non-exclusive basis for an indefinite period of time.

All Files on the Site may be downloaded under the Standard and/or Extended license. Follow these rules to choose the appropriate license:

a. If the File is used to create an item NEITHER for Resale NOR for Free Distribution, the Standard License is always appropriate.

b. If the File is used to create an item for Resale or for Free Distribution:

i. if the File plays a minor role in the item, the Standard License is appropriate;

ii. if the File plays a major role in the item, the Extended License is appropriate.

Item for Resale: An item that will be distributed to raise commercial revenue (e.g., resale of web templates, T-shirts, books, calendars, etc.). An item created at the request of a client is not considered an Item for Resale. However, if a client distributes or intends to distribute such an item to raise commercial revenue, it is considered an Item for Resale. While working on a project for a client, take into account the final use of the item before downloading a File to determine the appropriate license to purchase.

Item for Free Distribution: An item that will be distributed to a wide audience without raising any commercial revenue (e.g., free web templates, postcards, flyers, etc.).

The role a File plays in an item is determined by the value the File adds to the item and how much the File influences a customer’s decision to choose this particular item among similar items.

a. A major role: A File is considered to play a major role in an item if the File is a primary, defining, or important part of the item, increases the intrinsic value of the item, or influences a customer’s preference for this particular item.

b. A minor role: A File is considered to play a minor role in an item if the File is an incidental part of the item, does not add significant value to the item and does not influence a customer’s preference for this item.

Trakamoorfeatures may allow the downloading of watermarked images from our website(s) for evaluation purposes without payment of a purchase fee to Trakamoorfeatures.com. All such non-purchased/licenced images on the website will bear a watermark, and Licencee shall not remove any watermark or copyright, trademark or other intellectual property or proprietary notice or legend contained on images.

Use and Terms

THE STANDARD LICENCE

1. The Standard licence allows you to use the downloaded File for the creation of all kinds of items (except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds value to it).

2. Terms:

The quantity of website visitors Unlimited
The quantity of copies or impressions Up to 500,000
The quantity of copies or displays for electronic use Up to 500,000
The maximum allowed size (resolution) of the unmodified File for electronic use Unlimited
(resolution should not exceed the display resolution of the intended viewing device).
Creation of all kinds of items
(except Items for Resale or Items for Free Distribution, where the File plays a major role in the item and adds value to it)
Allowed
Creation of Items for Resale or Items for Free Distribution where the File plays a minor role in the item Allowed
Creation of Items for Resale or Items for Free Distribution where the File plays a major role in the item and adds value to it Prohibited

Examples of permitted use:

a. Digital use: sites; advertising banners; screen savers; wallpapers; software (for PC and mobile devices); e-cards; e-mails; e-books; presentations (PowerPoint, Flash, etc.); movies, videos and TV advertising; unofficial logos; personal use; etc.

b. Printed use: advertisements in newspapers and magazines; printed advertising materials; covers and illustrations for books, newspapers, magazines; business cards; flyers; posters; CD/DVD covers; wrappers, labels and product packaging; stationery: folders, notebooks, pens, pencils and stickers; charms; calendars; mugs and glasses; mousepads; T-shirts, clothing; personal non-commercial use; etc.

c. Printed and digital use intended for broadcast, public display or reproduction: the total number of viewers, displays, copies or prints should not exceed 500,000 (five hundred thousand). This limitation on the number of visitors does not apply in the case of website creation.

THE EXTENDED LICENCE

1. The Extended licence includes all permitted uses under the Standard licence, does not have any limits on the number of copies, prints or displays and allows you to use the downloaded File for the creation of Items for Resale or Items for Free Distribution in which the File plays a major role in the item and adds value to it.

2. Terms:

The quantity of website visitors Unlimited
The quantity of copies or impressions Unlimited
The quantity of copies or displays for electronic use Unlimited
The maximum allowed size (resolution) of the unmodified File for electronic use Unlimited
(resolution should not exceed the display resolution of the intended viewing device)
Creation of Items for Resale or Items for Free Distribution where the File plays a minor role in the item Allowed
Creation of Items for Resale or Items for Free Distribution where the File plays a major role in the item and adds value to it Allowed

Examples of permitted use:

a. Digital use: sites; website templates; advertising banners; screen savers; wallpapers; software (for PC and mobile devices); e-cards; e-mails; e-books; presentations, presentation templates (PowerPoint, Flash, etc.); document templates; any other templates; movies, videos and TV advertising; unofficial logos; items for resale and free distribution; personal non-commercial and commercial use; etc.

b. Printed use: advertisements in newspapers and magazines; printed advertising materials; covers and illustrations for books, newspapers, magazines; books consisting wholly or largely of illustrations; business cards; flyers; posters; CD/DVD covers; wrappers, labels and product packaging; stationery: folders, notebooks, pens, pencils and stickers; charms; calendars; mugs and glasses; mousepads; T-shirts, clothing; items for resale or distribution; personal non-commercial and commercial use; etc.

ITEM STANDARD LICENCE EXTENDED LICENCE
ITEMS FOR PRINT
Outdoor advertising (banner, panel, billboard, light box, etc.) Allowed Not required
Indoor advertising (POS materials, advertising or information leaflet, flyer, wobbler, stopper, giveaway, window dressing, etc.) Allowed Not required
Advertising in a newspaper or magazine Allowed Not required
Product packaging (pizza box, TV set packaging, etc.) Allowed Not required
Gift wrapping (except for resale or distribution) Allowed Not required
Gift wrapping for resale or distribution Prohibited Allowed
Label (on a bottle of drink, cream jar, shampoo, etc.) Allowed Not required
Product wrapping (for candies, chewing gum, etc.) Allowed Not required
Cover or illustration of a book, magazine or newspaper Allowed Not required
Book, magazine or any other printed media for resale or distribution, which consists of illustrations for over 50% of the volume Prohibited Allowed
CD/DVD cover or print (incl. for resale or distribution) Allowed Not required
Business card Allowed Not required
Poster or postcard (except for resale or distribution) Allowed Not required
Poster or postcard for resale or distribution Prohibited Allowed
Calendar (except for resale or distribution) Allowed Not required
Calendar for resale or distribution Prohibited Allowed
Folder (except for resale or distribution) Allowed Not required
Folder for resale or distribution Allowed (only if file plays minor role) Allowed
Notebook or diary (except for resale or distribution) Allowed Not required
Notebook or diary for resale or distribution Allowed (only if file plays minor role) Allowed
Sticker (except for resale or distribution) Allowed Not required
Sticker for resale or distribution Prohibited Allowed
Pen or pencil (except for resale or distribution) Allowed Not required
Pen or pencil for resale or distribution Allowed (only if file plays minor role) Allowed
Other stationery (except for resale or distribution) Allowed Not required
Other stationery for resale or distribution Allowed (only if file plays minor role) Allowed
Interior design (except for resale or distribution) Allowed Not required
Interior design for resale or distribution Prohibited Allowed
Artwork or masterpiece of art (except for resale or distribution) Allowed Not required
Artwork or masterpiece of art for resale or distribution Prohibited Allowed
T-shirt or some other item of clothing (except for resale or distribution) Allowed Not required
T-shirt or some other item of clothing for resale or distribution Prohibited Allowed
Board game or entertainment product (except for resale or distribution) Allowed Not required
Board game or entertainment product for resale or distribution Allowed (only if file plays minor role) Allowed
Cup, mug or glass (except for resale or distribution) Allowed Not required
Cup, mug or glass for resale or distribution Allowed (only if file plays minor role) Allowed
Mouse pad (except for resale or distribution) Allowed Not required
Mouse pad for resale or distribution Prohibited Allowed
Playing cards (except for resale or distribution) Allowed Not required
Playing cards for resale or distribution Prohibited Allowed
Keychain (except for resale or distribution) Allowed Not required
Keychain for resale or distribution Prohibited Allowed
ITEMS FOR WEB OR DIGITAL USE
Television, video or online advertising Allowed Not required
Publication on website or blog (in articles or news for illustrative purposes only) Allowed Not required
Online advertising banner (except for resale or distribution of banner templates) Allowed Not required
Banner template for online advertising for resale or distribution Prohibited Allowed
Website or webpage design (except for resale or distribution of website templates) Allowed Not required
Website design for resale or distribution Prohibited Allowed
Desktop wallpaper (except for resale or distribution) Allowed Not required
Desktop wallpaper for resale or distribution Prohibited Allowed
Screensaver (except for resale or distribution) Allowed Not required
Screensaver for resale or distribution Prohibited Allowed
Software for a PC or mobile device (except for resale or distribution) Allowed Not required
Software for a PC or mobile device for resale or distribution Allowed (only if file plays minor role) Allowed
E-card or e-mail (except for resale, distribution or bulk mailing) Allowed Not required
E-card or e-mail (or template) for resale, distribution or bulk mailing Prohibited Allowed
E-book (except for resale or distribution) Allowed Not required
E-book for resale or distribution Allowed (only if file plays minor role) Allowed
PowerPoint, Flash and other presentations (except for resale or distribution) Allowed Not required
PowerPoint, Flash and other presentation template for resale or distribution Prohibited Allowed
Film or video clip (except for resale or distribution) Allowed Not required
Film or video clip for resale or distribution Allowed (only if file plays minor role) Allowed
Any other digital design (except for resale or distribution) Allowed Not required
Any other digital design for resale or distribution Allowed (only if file plays minor role) Allowed
Any other template for resale or distribution Prohibited Allowed
Logo or emblem that will NOT be officially registered as a trademark or service mark Allowed Not required
Logo or emblem that will be officially registered as a trademark or service mark Prohibited Prohibited

Royalty Free Images (RF) Licence

Upon Trakamoorfeatures.com receipt of payment in full for an image licence, Trakamoorfeatures.com grants to Licensee a limited, personal, non-exclusive, perpetual, non-assignable licence to make, use, reproduce, copy, modify, perform, and display the image as it exists on the date of full payment to Trakamoorfeatures.com Licencee acknowledges that nothing in this Agreement provides Licencee with any other rights in the image, except as stated herein, or any derivative works not developed by Licencee.

Licensee may alter or manipulate a licenced image for the purpose of color matching or concept reasons. Licencee shall not increase the file size of smaller purchased/licenced images with digital interpolation as this will result in significant quality loss and is therefore strictly prohibited. Larger images are available for purchase/licence.

No images licensed from Trakamoorfeatures.com may be further distributed by Licencee to third-parties other than as part of final works prepared by Licencee as permitted by this Agreement.

Comp Use Licence Agreement

Watermarked Images may be used directly off the Trakamoorfeatures.com websites for comp purposes only if the existing watermark is maintained. When comp use is granted it is understood that the Licencee will not use the image for any other purpose than specific comp use.

Assignability

Licensee shall not assign this Agreement, or the rights granted hereunder, for any purpose or at any time. Any such attempted assignment, whether by operation of law or otherwise, shall be void. Licencee indemnifies and agrees to hold Trakamoorfeatures.com harmless from any and all damages or losses, including indirect, incidental, special, statutory, punitive, exemplary or consequential damages, arising in connection with any violation this provision. It is understood that an “agent” or “agency” may purchase/licence an image for use by a specific client. Any such purchased/licensed image may only be used for one specific client of the agent or agency, the licence rights granted herein shall only extend to such one specific client of the agent or agency, and the licence rights granted herein are not transferable to another client of the agent or agency. Images purchased/licenced from Trakamoorfeatures.com may not be resold without the prior express written consent of Trakamoorfeatures.com

Copyright

All images in the Trakamoorfeatures.com archive are protected by copyright laws and international copyright treaties and such copyrights are held by the respective copyright holders for the images. No transfer of copyright will take place through the purchase of a licence from Trakamoorfeatures.com, and no transfer of copyright shall accrue through the manipulation or retouching of an image for which a licence has been purchased from Trakamoorfeatures.com. Any image, or portion thereof, licenced from Trakamoorfeatures.com will remain as the copyrighted image of the copyright holder and may not be distributed, used, licensed or sold to any third party, other than as set forth herein.

Unauthorized Use

There are limits to the use of licenced images, even with regard to images subject to the Royalty Free Licence. The rights and licences granted in this Agreement expressly exclude the following:

  • Use without proper payment in full;
  • Use of images as or within a company logo, trade name, trademark or service mark;
  • Unlawful use or use in furtherance of unlawful matters; or
  • Use in association with unauthorised use of existing trademarks, logos, artwork or other copyrighted material.
  • Installation and use of images in more than one location at a time or posting a copy of the images on a network server or web server for use by other users.

Images may not be used for sensitive material without the express prior written consent of Trakamoorfeatures.com and the licences granted herein expressly exclude use of images for sensitive material. Sensitive material includes, but is not limited to:

  • Pornographic material;
  • Use of the image in a manner that may depict the model or image in a negative light;
  • AIDS, cancer, bladder, or intestinal diseases or other chronic ailments;
  • Mental deficiencies, alcohol, drug or substance abuse;
  • Financial destitution, income loss or death.

If you have a sensitive use topic or believe you may have such a proposed use of an image, we encourage you to contact us directly in writing to request a separate use agreement.

Image/File Storage

Licencee may store a licensed image on a single storage device such as a hard drive or CD, plus one other backup copy only. Licencee must take all appropriate precautions to prevent unauthorised use or distribution of any images licenced from Trakamoorfeatures.com

Model / Property Releases

Trakamoorfeatures.com endeavors to obtain model and property releases when possible. However, the use by Licencee of images with models or property images may require further authorisation from the subject of the image, if a person, or the owner of the subject of the image, if a property. Trakamoorfeatures.com does not guarantee or grant any rights or authorisations on behalf people, places, artwork, property and/or other subject matter in images, which may now or at a future date, be subject to additional rights owned by the subjects of the images and/or third parties.

Intellectual Property Ownership / Disclaimer

Trakamoorfeatures.com makes no representations or warranties as to the ownership of logos, trademarks, property rights, or other proprietary rights appearing in, or embodied by, a Trakamoorfeatures.com image. See the details on the display image or please call us directly.

THE LICENCED IMAGES ARE PROVIDED AS IS, WITHOUT ANY WARRANTY WHATSOEVER. TRAKAMOOR FEATURES.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TRAKAMOORFEATURES.COM SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT, EVEN IF TRAKAMOORFEATURES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Term

Trakamoorfeatures.com may terminate this Agreement at any time by giving notice to Licensee: (i) if Licencee breaches its payment obligations to Trakamoorfeatures.com; (ii) if Licencee breaches the restrictions set forth herein on use of a licenced image; or (iii) if Licencee files a petition in bankruptcy, is adjudicated bankrupt, makes a general assignment for the benefit of its creditors, or is voluntarily or involuntarily dissolved.

Indemnification

By accepting this contract, Licencee agrees to indemnify and hold harmless, Trakamoorfeatures.com and its affiliates, if any, officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind resulting from (i) improper use of an image, (ii) Licencee’s breach of any provision of this Agreement, or (iii) the misconduct of the Licencee or its client(s). Licencee

will cooperate as fully as reasonably required in Trakamoorfeatures.com’s defence of any claim. Trakamoorfeatures.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Licencee, and Licencee shall not in any event settle any matter without Trakamoorfeatures.com written consent

Trakamoor Features