Table of Contents
1. Intellectual property rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by MerisCon ARTDesign or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with MerisCon ARTDesign. All trademarks, service marks, graphics and logos used in connection with the Services, are trademarks or registered trademarks of MerisCon ARTDesign or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any of MerisCon ARTDesign or third party trademarks.
1.1. Moral right on the artwork and its reproduction
The Seller guarantees that he/she is the author of the ceded Artwork/Artphoto/Artillustration/Artprint and that the later does not violate any laws, regulations and standards in force, or affects the rights of third parties. He/she commits to protect MerisCon ARTDesign and the Buyer in case of any action brought by a third party about the ceded artwork, as part of the warranty of quiet possession. Upon the sale, the Seller assigns to the Buyer the material substrate of the artwork and its representation rights on the artwork.
The Seller however retains his/her moral right on the artwork as well as the rights regarding its reproduction.
2. License terms and concept
2.1. “Audio Work(s)” means the audio tracks (including all sound recordings, musical compositions, and any other recordings containing sounds or a series of sounds, embodied therein) that are designated as MerisCon Stock assets on any Websites, except that “Audio Work” does not include any audio that may be in a Work.
2.2. “Project” means a specific project created by you that combines an Audio Work with images, video, narration, or other materials as permitted in the Terms.
2.3. “Stock Asset(s)” means one or both of Audio Work(s) and Work(s).
2.4. “Website(s)” means MerisCon Services available at www.meriscon.com (or successor URL), or other MerisCon websites or applications that make available Stock Media for license.
2.5. “Media” means any visual asset as well as the photographs, illustrations, images, vectors, videos, 3D assets, template assets, and other pictorial or graphic works designated as Stock assets on any Websites, and for clarity, does not mean any Audio Work(s).
2.6. Ownership and Property right. Except as expressly granted in the Terms, we and our licensors retain all rights, title, and interest in and to the Stock Media. No title or ownership interest in or to the Stock Media is transferred to you under the Terms.
2.2. License concept and specific restrictions applicable to Media
You may use the Media according to the following licenses only if the Media (i.e. image) was available under the appropriate license AND you downloaded it using the appropriate download button.
You can view the license for each media work you downloaded on the web site My Account / My Downloads (https://meriscon.com/my-account/downloads).
2.2.1 Standard License (SL) and Specific Restrictions for Media
The license described in this section 2.2.1 is referred to as a “Standard License” (SL).
You are allowed to use the Media (i.e. image) for copies, print and/or electronic with just a few restrictions.
With a Standard license, you may:
- Media that you download under SL license may be used to make fine art prints, to illustrate and visually enhance website pages and headers, magazine pages and articles, newspapers, books, ebooks and booklets, book/ebook covers, flyers, blog articles, newsletters, documentaries and motion pictures, application software (apps), social media posts
- May be used as editorial content for audio and video productions such as commercials, tv shows, radio shows, live performances, podcasts
- May be used for any other advertising and promotional material, in either printed or electronic media, as long as the item in which the Media appears does not contradict any of the restrictions below.
If you use the Media for printed materials, the number of copies is unlimited. You may modify the Media in any way required for reproduction, or include them in your own personal creations (see restrictions bellow).
The list is not exhaustive and if you have any uncertainty regarding the use of the Media in a correct way please email support using the contact form.
With a Standard license, you may not:
- Distribute the stand-alone file.
- Create merchandise, templates, printed materials or other products for resale or distribution where the primary value of the product is associated with the downloaded Media itself. For example, you can’t use the Media to create a poster, t-shirt, or coffee mug that someone would buy specifically because of the Media printed on it.
- It is also forbidden to make the Media available on a website for download (as wallpapers for example), although you may use the Media in a concept in as many websites as you want, for any number of clients.
- Transfer the license to more than one employer or client, unless separately licensed for each.
- You may not claim that the Media is your own and you may not sell, license for use, or in any way distribute the Media for reuse.
This license is granted in perpetuity and it is worldwide valid. Buying the Media (purchasing the license) does not transfer the copyright.
The SL license is granted ONLY for the non-watermarked Media you buy using the Download button; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.
2.2.2 Extended licenses (EL)
With an Extended license, you may
- Use the Media with all the rights granted in the Standard license (SL).
- Create merchandise or products for resale or distribution where the main value of the product is associated with the asset itself, such as a coffee mug or t-shirt.
- EL license extends our Standard (Editorial) license (SL) to an unlimited number of seats within the same organization. It is an additional license to the usage included within the regular Standard (Editorial) license that awards rights for a single person within the same company. The EL license is applied only for the staff of the organization that holds the account. The number of copies allowed is unlimited for each designer/employee within the same company.
- EL license includes the right to use the media in web templates that are sold to more customers, screensavers, e-cards, power point presentations or as wallpapers on cell phones. Maximum number of electronic items is unlimited (applies as a total of each type of usage).
- Physical Items for Resale/Distribution: includes the right to use the photos or stills comprising media for t-shirts, postcards, greeting cards, mugs, mousepads, posters, calendars, framed artwork that is to be sold to other customers for an unlimited number of copies (applies as a total of each type of usage).
With an Extended license, you may not:
- Distribute the stand-alone file.
2.2.3 Editorial License (SL-E) for using our Media
The editorial section provides news worthy Media reflecting events from social, cultural and political scenes. Media downloaded under the Editorial section of our site, as well as Media downloaded with our Standard license can be used within editorial context as long as the current terms are met.
Sensitive usage (see also Sensitive subjects) restrictions also apply.
The Media that you download with the editorial license may be used to illustrate truthful articles or broadcasts appearing in magazines, newspapers or any other editorial context, in either printed or electronic media.
Buying the image (purchasing the license) does not transfer the copyright. You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image. Credit Line Requirements also apply.
2.2.4 Free Media download (FL license)
The free files downloaded from the Free Media section may be used in commercial projects under our limited Standard Free (FL) license and according to our terms and conditions. This is a one-person license and is given to you as a designer, your employer (client) or any employed persons.
The Media downloaded from the free section may be used under the terms mentioned for the Standard license (SL), with a single additional restriction: the maximum amount of physical copies in any form is limited to 10,000 copies.
If you exceed this amount you may request to download the Media under the regular Standard License (SL) license.
2.2.5 Credit Line Requirements
If media used within editorial context or related the Media must be accompanied by a visible credit line. You are required to include a copyright notice and author/agency credit next to each image used within editorial purposes. The credit line format is specified on the Download page.
You may not claim that the image is your own and you may not sell, license for use, or in any way distribute the image.
MerisCon ARTDesign recommends that buyer check the metadata of the Media that you download and, , if this is not the case, provide a corresponding reference ( EXIF-, IPTC- and/or XMP-Data) to the copyright and author.
2.2.6 Sensitive subjects
Any license granted by MerisCon ARTDesign shall not constitute a representation that a Media is compatible for use with any other material. You are solely responsible for the use of any Media in combination with any other material, and you agree not to use Media with sensitive topics without MerisCon ARTDesign’s separate written agreement. Such sensitive topics include, but are not limited to: models with mental or physical health issues, social issues, sexual activity, sexual orientation or related, substance abuse, crime or other subjects that can be considered to be offensive or unflattering to any of the models included in the image.
You must contact MerisCon ARTDesign for additional information prior to any use of an Media with any sensitive topic.
Each Contributor that contributes to our site and community is entirely responsible for the materials he/she uploads. By uploading files you agree to hold all copyrights for the image and to have previously obtained a model release from each person included in your picture. This includes children, deceased persons, natives of another language; cases in which a parent, a guardian or another authorized person should read, agree and sign the model release.
MerisCon ARTDesign will not be held responsible for any of the materials you upload to the site.
Special ethical considerations apply to editorial usage. When using or submitting editorial Media, you are solely responsible for any claims related to or arising from any visual adjustments of the Media. Standard manipulation such as cropping the image or regular brightness/contrast corrections are allowed only if doing this will not affect the visual message of the image. We reserve the right to refuse any image submission that we consider as not marketable.
Additional requirements for buyers:
Media included within the editorial section may include visible logos, or identifiable persons who didn`t sign a model release document. You are solely responsible for the usage given to such Media. Please consider that editorial Media are not meant for commercial usage and using them in a commercial context is against editorial terms.
Additional requirements for contributors:
Please note that editorial Media are meant to be an objective view of a specific event and therefore any post-processing of the photographs that might damage or distort the reality as seen through your camera lens, will not be tolerated. Cropping an Media and standard brightness/contrast adjustments are acceptable, but the use of clone, brushes and/or artistic filters is not meant for editorial Media.
You hereby agree that the Media submitted to MerisCon ARTDesign is not obtained in unlawful ways or that can enforce civil or criminal liabilities. You are solely responsible for how the Media is produced and your activities will indemnify MerisCon ARTDesign harmless of any claims from you or any third parties involved within the shooting.
2.2.7 Unauthorized use
Without limitation, Media may not be used:
- as a trademark or service mark (unless the appropriate extended license is being used),
- for any pornographic or unlawful purpose, to defame a person, to violate a person`s right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity.
Unauthorized use of these Media constitutes copyright infringement and shall entitle MerisCon ARTDesign to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Media.
The list is not exhaustive and if you have any uncertainty regarding the use of the Media in a correct way please email support using the contact form.
2.2.8 Model and property releases/clearances
With respect to Media for which you have purchased a license through MerisCon ARTDesign, the rights that MerisCon ARTDesign grant to you do not include a license to any person, place, property, or subject matter depicted in a Media, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. MerisCon ARTDesign makes no representations or warranties that it owns or licenses any rights nor does MerisCon ARTDesign grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Media. Furthermore, MerisCon ARTDesign makes no representation or warranty as to the accuracy of any information provided with the Media. You are solely responsible for determining whether your use of any Media requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by MerisCon ARTDesign. If you are unsure whether additional rights are needed for your use, you are responsible for obtaining competent legal counsel.
With respect to Media you upload as a Contributor, where such Media depicts one or more individuals, a model release document must be uploaded confirming that the individuals included in your Media have signed a written release. By uploading this document, you certify that the information contained therein is complete and accurate.
MerisCon ARTDesign prefers that its contributing users provide copies of release documents that include physical signatures for the individuals consenting to the capture and reproduction of the contributed Media. Recognizing that many of MerisCon ARTDesign contributing users desire to submit location and model releases that have been e-signed, rather than printing documents for physical signature by a releasing individual, MerisCon ARTDesign has determined to accept, under certain circumstances, e-signed release documents from certain qualifying contributors. Acceptance by MerisCon ARTDesign of an e-signed release from a particular user shall not constitute a guarantee that future e-signed releases will be accepted from such user. MerisCon ARTDesign reserves the right to refuse e-signed releases, whether for a particular Media or from a particular user, for any reason.
If you are qualified to submit e-signed releases to MerisCon ARTDesign, you will be asked to separately represent and warrant, at the time of uploading a particular e-signed release, that (i) any submitted e-signed release was prepared in compliance with all requirements of the United States` Electronic Signatures in Global and National Commerce Act (E-Sign Act); (ii) such e-signed releases have been reviewed and accepted by each individual whose rights the e-signed releases purport to release; (iii) multiple e-signed releases have been submitted and shall be submitted for Media portraying the same individual, which Media were captured on different calendar days; however, only one single MR document/age group should be uploaded in the model release library ; and (iv) you have not submitted and shall not submit any e-signed release that is fraudulent or otherwise unenforceable. If MerisCon ARTDesign authorizes you to submit e-signed releases, you agree to maintain copies of each e-signed release submitted to MerisCon ARTDesign for as long as the associated Media is available for download from MerisCon ARTDesign and for a period of three (3) years following the Media`s removal from MerisCon ARTDesign. You further agree to provide MerisCon ARTDesign with additional copies of any e-signed release upon request.
If Media is designated as model-released, it means the contributing member posting such Media has represented to MerisCon ARTDesign that the depicted individual(s) has/have signed a release permitting reproduction of the Media, subject to the restrictions contained in this Agreement, including, without limitation, sensitive subject uses. You expressly acknowledge and agree that MerisCon ARTDesign is not responsible for instances where a contributing member has misrepresented that he or she has obtained a signed model release for all individuals depicted in a particular Media. If MerisCon ARTDesign incorrectly indicates that a Media is model-released when it is not, MerisCon ARTDesign`s liability shall be limited to the amount you paid MerisCon ARTDesign for the use of the Media. If a Media depicts an individual and you use such Media in a manner that implies the use or endorsement of a product or service by depicted individual, you must indicate wherever the Media is publicly visible that the individual depicted is a model and used only for illustrative purposes. Under no circumstances may you use an Media depicting one or more individuals in a context suggesting that such individual(s) are endorsing a subject that might be seen as sensitive (as described above). Any license obtained through MerisCon ARTDesign is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide MerisCon ARTDesign with proof of such releases and permissions upon request.
If there are any questions regarding this Additional Terms and license concept you may contact us using the contact information below.
This document was last updated on September 22, 2021