1.1 User acknowledges and agrees that each stock file (royalty free image, rights managed photo, video file, etc.) and its copyrights are the property of the author of said stock file, and not the property of user. Authors retain all rights, title and interest in the images and user shall not take any action inconsistent with such title and ownership.
1.2 User may create and use a permitted derivative work, but only in accordance with the terms and limitations set forth herein. User agrees not to deposit any stock image or permitted derivative work on any file data bank or similar database. User assumes sole responsibility for the use of a File or permitted derivative work. User specifically agrees not to use a stock file or a permitted derivative work, except as explicitly permitted herein.
1.3 The General Terms and Conditions are valid for all use of the PicFlux website. In particular, customers and authors are considered to be in agreement with the General Terms and Conditions upon registering. The General Terms and Conditions are valid within the scope of an ongoing business relationship as well as for all future product offers, services, orders, contract completions and deliveries, even if not explicitly mentioned.
1.4 All offerings, shipments, and granting of license rights are without engagement only and do not exclusively apply to the following General Terms and Conditions. All the rights to the stock file, including ownership and other intellectual property rights, remain with PicFlux and/or the contributor (author) of the file.
1.5 Any conditions deviating from these terms must be agreed on in writing. Opposing terms and conditions from contractual partners shall only apply with explicit written approval from PicFlux.
1.6 The role an image plays in an item is determined by the value the image adds to the item and how much the image influences a customer’s decision to choose this particular item among similar items. A minor role - an image is considered to play a minor role in an item if the image 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. A major role - an image is considered to play a major role in an item if the image 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.
1.7 While purchasing follow these rules at all times to choose the appropriate Royalty Free license:
1.7.1 If an image is used to create an item neither for resale nor for free distribution, the Standard license is appropriate.
1.7.2 If an image is used to create an item for resale or for free distribution: if the image plays a minor role in the item, the Standard license is appropriate or if the image plays a major role in the item - the Extended license is appropriate.
1.7.3. If the purchased image is used to create an item neither for resale nor for free distribution, the role of the purchased image in the item (a minor role or a major role) won't matter. For this kind of use the Standard license is always appropriate. If the purchased image is used to create an item for resale or for free distribution, it is important to identify the role of that image in the item. If the role is a minor role, the image may be purchased by the Standard license. However, if the role is a major role, the image must be purchased by the Extended license only.
Royalty free stock images are copyrighted images and media offered by the originator (photographer, illustrator, videographer etc.) for sublicensing by PicFlux according to Point 4 of these General Terms and Conditions. Within the meaning of these General Terms and Conditions, PicFlux is offering Royalty Free licences for micropayment stock images and media files, hereinafter - "images". However, the property rights of the images are not sold.
3.1 PicFlux allows customers free access to the online database www.picflux.com. Customers may use the database to search online for stock photos, illustrations and vectors stored there and transfer them as preview images or licensed high-resolution images.
3.2 Prior to conclusion of the first contract, the customer must register with PicFlux. In doing so, he receives a user name and password, which are treated as confidential. Transfer to third parties is not permitted. If access data is abused at the fault of the customer, they are responsible for the resulting damages.
3.3 Conclusion of the contract takes place strictly via the Internet. In order for the contract to be concluded, the customer confirms a second time while placing the order that he understand and accepts these General Terms and Conditions. Only then shall the order and payment procedures be successfully concluded and the customer granted access to download the respective images. The images will remain in the customer's personal account and available for download for one year after purchase.
3.4 Neither authors nor customers shall hold claim to constant accessibility to the PicFlux database. PicFlux may at anytime temporarily or permanently shut down the server as well as change, delete or add to the contents stored there.
3.5 Any kind of illegal automated access to PicFlux images or the database using external scripts and programs, download managers or other comparable functions and tools outside of the prescribed ordering process is prohibited and subject to criminal prosecution.
Stock images offered on www.picflux.com, are provided for sale by multiple authors. These images are subject to copyright protection. Ownership rights and copyrights are non-transferable even with compensation for damages and/or other charges and fees.
With payment of the licensing fee, the customer acquires the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use the selected images for his own information, illustration or advertising purposes. All other rights to the stock images, including all copyrights, shall remain with PicFlux and the author respectively.
In case stock images are labeled "only for editorial use", - these images iare only approved for editorial purposes (presse articles, reporting, teaching materials). PicFlux offers two different types of Royalty Free (RF) image licenses: the Standard license and the Extended license.
4.1 Standard RF License.
The Standard license allows the non-exclusive, worldwide, non-transferable and non-sublicensable right to use of the micropayment stock images for the permitted uses (as defined below). All other rights in and to the stock images including, without limitation, all copyright and other intellectual property rights relating to the images, are retained by PicFlux or the respective authors. The Standard license allows the use of the purchased stock image for the creation of different kinds of items (except items for resale or items for free distribution, where the image plays a major role in the item and adds value to it).
Permitted Standard RF license uses:
4.1.1 For digital usage: electronic products do NOT intended for resale - articles or publications on blogs or websites, advertising banners, wallpapers, software (for PC or mobile devices), screen savers, E-books, E-cards or E-mails, any kind of presentations (PowerPoint, Flash, etc.), movies, videos or TV advertising, unofficial logos, etc.
4.1.2 For printed usage: products and goods do NOT intended for resale - advertisements in newspapers or magazines, printed advertising materials, covers or illustrations for books, newspapers, magazines, labels or product packaging, business cards, flyers, posters, CD or DVD covers, wrappers, stationery: pens, pencils, folders, notebooks, stickers, charms, calendars, cups, mugs or glasses, mouse pads, T-shirts and other clothing, etc.
4.1.3 Stock images marked "editorial use only" are sold under a Standard license, and are prohibited for commercial usage and advertising. These images may only be used in publishing: newspapers and magazines, articles or publications on blogs, social pages or websites, articles in encyclopedias, reference books, non-commercial use related to important events, non-commercial presentations, TV programs and for personal usage.
4.1.4 Any other uses approved in writing by PicFlux.
The Standard license do NOT allow the usage of stock images for the manufacture and duplication of goods of any kind that are intended for resale (merchandising products, t-shirts, other clothing etc.) or for use in connection with the distribution of press releases. Extended license has to be purchased for these usages.
4.2. Extended RF Licsense.
With the purchase of an Extended license, the customer acquires the non-exclusive, worldwide, non-transferable and non-sub-licensable right to use the selected images for the Permitted Uses (as defined below). The Extended license allows use of the purchased stock image to create items for resale or items for free distribution where the image plays a major role in the item and adds value to it. For each of the following permitted Extended license uses a separate Extended licence must be purchased.
Permitted Extended RF license uses:
4.2.1 For digital usage: electronic products intended for resale - templates of advertising banners, web templates, templates of documents, templates of presentations (PowerPoint, Flash, etc.), other templates, software (for PC and mobile devices), screen savers, wallpapers, E-cards or E-mails, E-books; movies or videos, etc.
4.2.2. For printed usage: products and goods intended for resale - books consisting mostly of illustrations, posters, stationery: pens, pencils, folders, notebooks, stickers, charms, calendars, cups, mugs and glasses, mouse pads, T-shirts and other clothing, etc.
4.2.3. Any other uses approved in writing by PicFlux.
If a stock image is marked "editorial use only", purchase of an Extended license is not possible.
4.3 Duration of usage rights and non-exclusiveness.
The right of the customer to use the stock image is for an unlimited period of time. The customer does not purchase exclusive usage rights, i.e. an unlimited number of users have the right to purchase usage rights for an image.
Rights Managed images are licensed with restrictions on usage, such as limitations on size, placement, duration of use and geographic distribution. You will be asked to submit information concerning your intended use of the product, which will determine the scope of usage rights granted. Our price calculator or one of our sales representatives can help you determine the price.
5.1 Exclusivity and control: ‘Own’ the image for the duration of your project and control who else can use it.
5.2 Pay only for the use that you need: A Rights-Managed image is priced according to how you’re planning to use it. Specify and pay only for your exact use.
The usage rights for an image may only be resold or transferred to a single third party to a limited extent provided the transfer occurs within the scope of fulfillment of a customer project, for example, in an advertising agency. Repeated use in projects conducted by different customers is not permitted. In this case, for each customer must be purchased an additional license. This is also valid for modified images or copies.
The customer is allowed to reproduce, modify and edit the stock images for his own purposes as long as it can be assumed that the changes will not entail any disadvantages for the author, the model shown or for other third parties, as for example interference with the authors´ personal rights, damage to reputation, infringement of proprietary rights.
8.1 Preview images do not include any further usage rights. Exempt from this is use in designs with regard to the purchase of an image. Customer may use layout stock images for design purposes, sample layouts and presentations free of charge. Free layout images may not be used in end products - neither for internal nor external purposes.
8.2 Layout images may not be used on any other website, blogs, on Internet sources with the opportunity of free downloads, on an Intranet of a company, on a CD, on a DVD, flash drive or on any other comparable storage medium.
9.1 If a purchased stock file is reproduced in mass media, on websites, blogs, social pages in an editorial or journalistic context without fail must include in the imprint or in close spatial proximity and in the manner typical of such use a copyright notice, such as: "© picflux.com/The author's name" or "© picflux.com".
9.2 At the request of PicFlux, the customer must prove the proper use of purchased stock images (for example bank statement, voucher copies, screen shots etc). Any unauthorized use or illegal transfer of images is liable for possible and incurred damages.
10.1 The license prices and administration fees published on the domain www.picflux.com are valid. Usage rights begin with the transfer of the high-resolution data of the image material. This is subject to the condition precedent of payment of the license fee.
10.2 The license fee is due for payment immediately upon conclusion of the ordering process. If the intended publication or other use of the micropayment stock image material does not occur by way of the customer, PicFlux is not obligated to take back said image material.
10.3 The license fee is due for payment immediately upon conclusion of the ordering process and is payable per advance payment, credit card, Paypal, Skrill (Moneybookers) or per direct debit (Transfer). Payments per invoice are only possible with appropriate clearance from PicFlux.
10.4 When a purchase is made customer information is transferred using secure SSL encryption typical of banking institutes. The transaction occurs directly via an online payment provider (for example via Paypal Server). We recommend you print a copy of your transaction information.
11.1 The customer is obliged to release and indemnify PicFlux from all damages and liability claims by third parties arising from use of the stock image material that does not comply with the above-mentioned provisions.
11.2 PicFlux shall not be liable for any restrictions and approvals required for the use of images provisioned by photographers. This is particularly valid for images of persons, artistic works or architecture as well as any other images, which refer to the names, companies, brands, registered design patents or other trade mark rights of third parties. The customer bears the sole responsibility for obtaining the required permits for the relevant use of the micropayment image material.
11.3 PicFlux assumes no liability for the availability of the online system, database and the content it contains. Furthermore, PicFlux is neither liable for any technical and other problems outside its sphere of responsibility nor damages caused by force majeure.
11.4 PicFlux shall only be liable for damages based on intentional or rough negligence. This includes explicit faults caused by vicarious agents or legal representatives.
The online provision of the images in a downloadable format or distribution is not permitted. The customer is prohibited from assigning, selling, ceding or transferring any rights granted to it under this agreement by sublicense. Uses that could lead to the disparage of the persons illustrated as well as use in pornographic, defamatory, slanderous, racist, criminal, unlawful or other offensive contexts are prohibited and make the customer liable for damages.
The micropayment stock image database available at www.picflux.com is subject to copyright protection as a whole. The content of the site including all images and text is either the property of Image Agency PicFlux or its authors. The website as a whole or its individual components may not be copied, stored, distributed, transmitted, transferred or utilized in any other manner without express permission. Violations against the conditions will result in the obligation to pay damages to PicFlux or its authors for any possible or resulting losses, damages and costs.
The customer is granted the Royalty Free licence indefinitely but not exclusively. PicFlux is entitled at any time to cancel the license to use the images on substantial grounds. An important reason exists in particular if the customer violates the Royalty Free license conditions defined in Section 4 or fails to fulfill his obligation to pay the license fee. In this case, the customer is obliged to immediately discontinue use of the image material and completely delete the digital stock image material supplied to him. In the case of infringement, the author and PicFlux reserve all legal measures.
Complaints regarding the content of electronic transmissions may only be recognized if they are made in writing immediately after download unless it concerns a latent defect that was unrecognizable upon review of the image after download.
This agreement is effective until the moment of its termination. For such purpose at any time the user should send a message using the Contact Form or by any other written form appropriate for him or her to notify PicFlux regarding the desire to terminate the agreement. PicFlux reserves the right at its discretion to suspend, terminate or restrict the user's right to access to all or some content and resources of the website at any time, for any reason and without proofs or prior notices.
For any questions in connection with the provisions of this document, please contact PicFlux using the Contact Information.