End User License Agreement

It is the intention of Elian Kars of EggHeadStock.com that these conditions shall be in plain English and users of this site agree, by using the site, that the spirit as well as the wording shall be taken into account.

The following is an agreement between you (Licensee) and Elian Kars of EggHeadStock.com (copyright owner of Image). You agree to be bound by the terms and conditions of this agreement which may change without notice and you agree to be bound by such changes. By using this site for any purpose you agree to be bound by these terms and conditions.
If you do not agree to this EULA, you must not tick the ‘Agree to terms above’ checkbox prior to the payment
This EULA is subject to change without notice and you should ensure that you check the EULA each time prior to the payment.

 

1. Definitions

EULA: This End User License Agreement
Licensee, You , End User: Person, entity or downloader licensing image.
Me, Us, I, We, Our, Artist, Copyright Holder: Elian Kars of EggHeadStock.com also known as EggHeadStock, EggHeadPhoto or EggHead Photography, copyright owner who confirms that the work offered for sale is solely their own work and owned and created by them.
Copyright: Intellectual Property right owned by the photographer/designer/artist of photographs, pictures, drawings, designs, vectors,
Image(s): Photograph(s), vector(s), illustration(s), drawing(s), painting(s), licensable item(s)

 

2. License Terms

I provide three types of licensing: One Time Use, RF Unlimited and Exclusive Rights. My standard One Time Use license permits you to use the purchased media in one design through the terms described below. My RF Unlimited license permits use in multiple projects. It also increase both the quantities and types of reproductions permitted, namely the ability to use my media in items that are meant for resale. The Exclusive Rights license grants exclusive use of the Image(s) during the license duration; Contact Copyright Holder for terms and fees.

One Time Use license
On receiving full payment for a specific resolution of Image(s) I grant you a non-exclusive, non-transferable worldwide license to use the Image in one project in permitted ways, as defined below.

Some permitted uses:

Advertising, invitations and promotional material, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (not for resale or license) up to 2.000 prints
Electronic media, website use, social media post or profile image with a maximum dimension of 800 pixels on the longest dimension where unedited
Single fine art print

This list is not exhaustive, see restrictions below or if you have any queries contact Copyright Holder.

In situations where you create derivative works through incorporation of or based on one or more Images, the rights in and to those Images continue to be owned by the Copyright Holder and are subject to your rights to use the Images pursuant to the terms and restrictions of this agreement.

Print-on-demand websites are strictly prohibited by the One Time User license.

RF Unlimited license
On receiving full payment for specific high resolution Image(s) I grant you a perpetual, non-exclusive, non-transferable worldwide license to use the Image in multiple projects in permitted ways as defined below. This is often referred to as a Royalty Free License.

Some permitted uses:

Advertising, invitations and promotional material, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to 500.000 prints
Book, magazine, and other editorial content or cover up to a limit of 500.000 prints or copies
Multiple fine art prints up to 250 copies
Calendars, posters, clothing, mugs, cards (i.e. a hardcopy) up to 1.000 copies

This list is not exhaustive, see restrictions below or if you have any queries contact Copyright Holder.

In situations where you create derivative works through incorporation of or based on one or more Images, the rights in and to those Images continue to be owned by the Copyright Holder and are subject to your rights to use the Images pursuant to the terms and restrictions of this agreement.

Print-on-demand websites are strictly prohibited by the RF Unlimited license.

Exclusive Rights license
On receiving full payment (price to be agreed) for specific high resolution Image(s) the Copyright Holder agrees to exclusively license the rights of said Image(s) and remove it from sale anywhere else it may appear, within the agreed upon time and for the agreed upon time limit. This Image(s) may have previously been licensed and be in use elsewhere, and there may be similar images shot at the same time which will remain available. Contact Copyright Holder for terms and fees. Restrictions as below will apply.

 

3. Restrictions

Editorial use
Image(s) marked as “Editorial use only” will have no Copyright or intellectual property releases and may contain copyrighted material or trademarks. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).

It is prohibited to use these Image(s) for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of Image(s) means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);

You must credit the Image(s) with Copyright details in one of the following formats:

© Elian Kars, EggHeadStock.com
© Elian Kars
© EggHeadStock.com

Prohibited uses

The Licensee/End User agrees that:

Image(s) may not be used or displayed in such a manner that gives the impression that the Image(s) were created by you or a person other than the copyright holder of the Image(s).

Image(s) may not be used as trademark, service mark or logo unless Copyright release is purchased.

Image(s) will not be sub-licensed, assigned, transferred, given away, made available via online or other database including but not limited to Facebook, Flickr, Pinterest and similar sharing sites. The exception to this is if you have licensed the image for a client (website, advertising, etc) when you must keep detailed records and make them available to Elian Kars if requested. This is only likely to be required should an Intellectual Property query arise.

Image(s) will not be removed any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Image(s).

Image(s) will not be used in a manner that competes with my business including, but not limited to, displaying Image(s) in any format (including thumbnails) for download or Export on a website or offering Image(s) for sale other than pre-approved by me.

Image(s) will not be incorporated in any product that results in a re-distribution or re-use of the Image(s) or is otherwise made available in a manner such that a person can extract or access or reproduce the Image(s) as an electronic file.

Image(s) will not be used or displayed in an electronic format that enables it to be downloaded, Exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.

Image(s) will not be used for sensitive topics without EggHeadStock.com prior written agreement. These include (but are not limited to)

Models with mental or physical health issues,
Sexual orientation or sexually related,
Ads or promotional materials for adult entertainment clubs or similar venues, for escort, dating or similar services
Substance abuse,
Criminal offences,
Political endorsements,
Subjects that could be considered offensive, demeaning or unflattering.

If you have any queries contact Copyright Holder.

Other restrictions

Once you have completed payment for the license to use the Image, you are granted a limited non-exclusive, non-transferable right to use and reproduce the image in printed materials, or any electronic or digital form. In the latter case, each image should be incorporated into a design in such a manner to make it clear that the image is not intended to be separately downloaded, copied, or distributed and the image size in use must less than 800 pixels on the longest side.

“Non-transferable” means that the work you produce using a licensed Image must be for your own use, or if purchased on behalf of your employer or client, your employer or client must be the end-user of your work. You may not sell, rent, loan, give, sub-license, or otherwise transfer to anyone the Image, or the right to use an Image, and nothing you produce shall grant or purport to grant to any third party a right to use or duplicate an image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Image.

The license is granted ONLY for the non-watermarked Image you buy from EggHeadStock.com; all the other versions (small watermarked and non-watermarked thumbnails which are visible on the public site) are entirely copyrighted.

 

4. Intellectual Property, Liability and Indemnify Limitation – Your responsibilities

You shall indemnify and defend the photographer against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to

(a) a breach of this Agreement,
(b) the use or modification of any Image or combination of any Image with any other material,
(c) your failure to abide by any restriction regarding the use of an Image, or
(d) any claim by a third party related to the use of an Image, alone or in combination with any other material.

The photographer warrants ownership of the copyright for the Image.
By using this site you understand that you take responsibility and assume all risk without limitation.

Elian Kars and EggHeadStock.com do not bear any responsibility for any shut-down of the site resulting in loss of profit, business information or any other financial losses regardless of whether it is due to navigation, technical, infringement, negligence, contract liabilities or other similar cases or situations or not.

By using this site you agree to indemnify and hold Elian Kars and EggHeadStock.com harmless from and against all claims, losses, damages, liability, costs, expenses incurred.

Elian Kars and EggHeadStock.com have done their best to ensure that there are no Intellectual Property infringements within their images available to license and permission from recognizable model’s will have been obtained, with the exception of those images marked as Editorial. It is however the Licensee’s responsibility to ensure that the image(s) they download are fit for the purpose to which you wish to put them. Images – such as editorial use only images – may contain copyrighted material or trademarks. Even images with commercial licenses may have copyrighted or trademarked items in the background or some other incidental location. The End User is responsible for seeking legal counsel for use of the image(s). The End User accepts responsibility for all liabilities that may arise from use of the image(s).
Elian Kars and EggHeadStock.com hold no responsibility for any legal issues that may arise from any use by the End User of licensed images. The End User is responsible for any legal issues or costs resulting from their use.

 

5. Kindly requested (but not required for non editorial images)

For Image(s) not marked as “Editorial use only”, could you please credit the Image(s) with Copyright details when possible. For example in web, book and editorial use. If you want to do so, I would suggest the following format:

© Elian Kars, EggHeadStock.com
© Elian Kars
© EggHeadStock.com

For web usage, please include a link to EggHeadStock.com when possible. Thank you very much!

For images marked as editorial use you must credit the Image(s) with Copyright details.

 

6. Applicable Law

This site is owned, managed and controlled by EggHead Photography located in The Netherlands. The site is available worldwide and as each country may have different laws and acts the End User agrees that these Terms of Use are governed by the Dutch Law and also agrees that any disputes arising which may be deemed wholly or partially unenforceable and cannot be settled by voluntary negotiation will be dealt with by the Judicial process in The Netherlands.