TERMS AND CONDITIONS
Site Usage Agreement
By using this site and/or downloading any material, you agree to be
bound by this Agreement. This agreement applies to you and, if you are
using this web site on your client's behalf, to you and all your
clients. We reserve the right to change this agreement at any time
without further notice. We reserve the right to update and/or change our
pricing structure as needed including but not limited to changed base on
our community, imagery database or market trends. Your use of the site
will be subject to the most current version posted on the site at the
time of your use. By using this site or downloading or using
any images listed under the RomanceNovelCovers.com domain you agree to
be bound by this Agreement. Should you disagree with anything stated
here please discontinue your use of the site and erase all data you have
downloaded. Where RomanceNovelCovers.com has provided you with a translation
of the English language version of the page or site's functionalities,
then you agree that the translation is provided for your convenience
only and that the English language versions of the Terms will govern
your relationship with RomanceNovelCovers.com. If there is any contradiction
between the English language version and its translation in a different
language, then the English language version shall take precedence.
Use of this site
This site is owned and operated by RomanceNovelCovers.com. All images and
related informational materials in any medium provided by RomanceNovelCovers.com
hereunder, including related text, captions, or
information (collectively referred to as Images) are owned by and/or licensed
to RomanceNovelCovers.com
and by our image providers (photographers), members
of our community. All Images are protected by US and international
copyright laws.
This site contains both Images that depict a visible watermark
(Watermarked Images) and Images that do not contain a visible watermark
(Non-Watermarked Images). RomanceNovelCovers.com allows you to search for,
view, and use Watermarked Images only as permitted below. All rights not specifically granted under this
Agreement are reserved to RomanceNovelCovers.com. Additionally, we do not
allow the use of automated software or other crawling techniques for
searching our web site and/or retrieve Images or related information.
RomanceNovelCovers.com may immediately revoke all licenses granted to you
without notice if you fail to comply with any provision of this
agreement. If a license is revoked, you agree to immediately stop using
this site and the Images, delete all Images and all copies from all
media and destroy all other copies. Your use of this site and any Images
shall comply with all applicable law.
Despite our best efforts to provide accurate information, this site may
contain technical or other mistakes, inaccuracies or typographical
errors. Additionally, this site and any Images may include historically
and culturally important images and text that may contain subjects that
reflect the social attitudes and circumstances of a particular time or
location. You should be aware that your search may display results
containing content that may seem inappropriate to its context, or text
that could be potentially offensive. You are solely responsible for
determining whether your use of any Image 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 RomanceNovelCovers.com or its
members. If you are unsure whether additional third-party rights are
needed for your use, you are responsible for consulting with competent
rights management professionals or legal counselors.
RomanceNovelCovers.com makes reasonable efforts to comply with and solve all
issues regarding potential copyrights and trademarks available on the US
and international market. While the responsibility for the images
uploaded is entirely on the photographer's side, he/she being the one
who holds all copyrights over the content submitted, we do our best to
identify and solve any copyright or trademark infringements.
If you have found a file that represents such an infringement please
notify us, in order that we may take the appropriate measures.
Children
Children (persons under the age of 18) are not eligible to use this site
unsupervised and we ask that children do not submit any personal information to us. By using this site
unsupervised you warrant that you are 18 years of
age or older.
Use of Watermarked Images - Using images for
comping
Images include, without limitation, all digital images and any related
textual information (including captions and credits). Images include
visibly or electronically watermarked and reduced resolution Images
(Non-Watermarked or Watermarked Images) or higher resolution
non-watermarked Images (Non-Watermarked Images).
Conditional upon your compliance with this Agreement, RomanceNovelCovers.com
grants you a limited license to download Watermarked Images solely for
evaluating/comping whether you wish to purchase a license to the
Non-Watermarked Image according to the Terms and Conditions
applicable to your use. You may not use a Watermarked Image in any final
materials distributed within your company or any materials distributed
outside of your company or to the public or in any online or other
electronic distribution system. You may not modify, alter, or remove any
visible or electronic watermark, or disassemble, reverse engineer, or
decompile any Image. Except for this limited, internal testing and
sample use, RomanceNovelCovers.com grants you no other rights, and you may
not distribute, sublicense or make available for use or distribution any
Watermarked Image.
None of our images may be resold or redistributed by any means, or
made available for redistribution or resale by a third party without RomanceNovelCovers.com's separate written
consent.
None of our images may be displayed on any website in the original form
they were purchased as, or with only minor edits done to them, such as,
but not limited to, adding text to the image, at a size larger than
400x600 pixels.
Royalty Free Web Usage
(RFWU) License ($10)
Definition: What
Royalty Free Web Usage means is that you pay for the image only once and
then you can use it as many times as you like for any online usage, with
just a few restrictions.
In other words, there are no other license fees except the initial
fee listed above and no other royalties to be paid.
Receive: The
Royalty Free Web Usage (RFWU) license is ONLY for 72dpi, high quality,
non-watermarked images (the one bought and sent to you); all the
other versions (small watermarked and non-watermarked thumbnails
displayed on the public site) may not be saved, downloaded or used.
Usage: This
license includes the right to use the photo(s) for individual
online usage including, but not limited to, websites, e-book covers, banners,
individual screensavers or wallpapers (not for multiple resale),
advertisements, e-fliers, e-brochures or PowerPoint presentations. See
restrictions for
a full description of usage limits.
Royalty Free Web &
Print Usage (RFWPU) License ($15)
Definition: What
Royalty Free Web & Print Usage (RFWPU) means is that you pay for the
image(s) only once and then use it as many times as you like for up to
20,000 copies (applies as a total of each type of usage, if this amount
is exceeded you need to acquire this license again by purchase. The new
license will then provide you with the same amount of copies and usage
rights.) for any physical cover publication for
resale of romance novels, as well as for their promotional materials
listed below. There are no royalties to be paid. Images can be bought
over and over again by others.
Receive: The Royalty Free Web & Print Usage (RFWPU)
license is for 300dpi full size (size varies), non-watermarked
images (the image(s) you purchase and that are provided for you to
download); all the other versions (small watermarked and non-watermarked
thumbnail images displayed) may not be saved, downloaded or used other
than for temporary mock-up design(s) not for publication, or by RNC.
Usage: This
license includes the right to use RNC photo(s) only on romance novel
covers for mass market or small press resale. All other usage(s) must
solely be for romance novel promotional material(s), and not for resale
other than by RNC, such as, but not limited to, bookmarks, tote bags,
calendars, banners, business cards, newspaper and magazine articles,
tweets, web blogs, screensavers or wallpapers.
Rights Managed Print Usage
(RMWPU) License ($300)
Definition: What
Rights Managed Print Usage (RMWPU) means is that you pay for the image
only once and then use it as many times as you like for up to 20,000
copies (applies as a total of each type of usage) for any physical items
for resale. In other words, there are no other license fees except
the initial fee listed above and no other royalties to be paid.
Receive: The
Rights Managed Print Usage (RMWPU) license is for 300dpi,
high quality, non-watermarked images (the one bought and sent to
you); all the other versions (small watermarked and non-watermarked
thumbnails displayed on the public site) may not be saved,
downloaded or used.
Usage: This
license includes the right to use the photo(s) for mass market
resale, which includes, but not limited to, books, magazines,
newspapers, t-shirts, postcards, greeting cards, mugs, mousepads,
posters, calendars, framed artwork, as well as webtemplates,
screensavers, wallpapers, e-cards, instant messenger or cell phone
skins that are sold to more than one customer for the maximum
amount of copies
stated above. If this amount is exceeded you need to acquire this
license once again. The new license will provide you with the same
amount of copies and usage rights.
Unauthorized Use
Without limitation, Images 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 Images constitutes copyright infringement and
shall entitle RomanceNovelCovers.com 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 Images. The foregoing is not a limiting statement of RomanceNovelCovers.com's rights or remedies in connection with any
unauthorized use.
Sensitive Subjects
Any license granted by RomanceNovelCovers.com shall not constitute a
representation that an Image is compatible for use with any other
material. You are solely responsible for the use of any Image in
combination with any other material, and you agree not to use Images
with sensitive topics without RomanceNovelCovers.com's written consent. Such sensitive topics include, but are not limited to: models
portrayed in sexual activity; unless the image depicts that sexual
activity,
sexual orientation or related; unless the person(s) in the Image is used
as a character and not as the model themselves, 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 RomanceNovelCovers.com for additional information prior to
any use of an Image with any sensitive topic.
Each photographer that contributes to our site and community is entirely
responsible for the materials uploaded. Photographers 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.
Model and Property Releases/Clearances
The rights RomanceNovelCovers.com grants you do not include a license to any
person, place, property, or subject matter depicted in an Image, which
may be subject to copyrights, trademarks, rights of publicity, moral
rights, property rights or other rights belonging to third parties. RomanceNovelCovers.com
makes no representations or warranties that it owns
or licenses any rights nor does RomanceNovelCovers.com grant you any rights
including copyright, trademarks, or rights of publicity belonging to any
person, place, property, or subject matter depicted in any Image.
Furthermore, RomanceNovelCovers.com makes no representation or warranty as
to the accuracy of any information provided with the Images. You are
solely responsible for determining whether your use of any Image
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 RomanceNovelCovers.com. If you are unsure whether additional rights are
needed for your use, you are responsible for obtaining competent legal
counsel.
In addition, a model release document must be provided to RomanceNovelCovers.com
by photographers, confirming that the persons
included in their Image have signed a written agreement. By providing this document, the photographers certify that the information contained
within is complete and accurate.
If an Image is designated as model-released, it means that the person(s)
included in the Image has/have signed a release permitting reproduction
and sale of the Image by RomanceNovelCovers.com, subject to the restrictions contained in this Agreement,
including, without limitation, sensitive subject uses. If RomanceNovelCovers.com
erroneously advises you that an Image is
model-released when it is not, RomanceNovelCovers.com's liability shall be
limited to the amount you paid RomanceNovelCovers.com for the use of the
Image. If an Image depicts a person and is used in a manner that implies
the use or endorsement of a product or service by that model, you must
indicate that the person depicted is a model and used only for
illustrative purposes. Under no circumstances can you use an image
with a person or more, in a context suggesting he/she or they are
endorsing a subject that can be seen as sensitive. Any license granted
by RomanceNovelCovers.com is conditioned upon your obtaining all necessary
third-party rights, releases and permissions. You agree to provide RomanceNovelCovers.com
with proof of such releases and permissions upon
request.
Refund Policy
You may ask for a refund of your purchase within 30 days from the
purchase date. Note that this is possible only if you are able to
immediately remove all images used in different designs and that you
must provide a well founded reason for your request.
If you have downloaded an image that has technical flaws please contact
us for a refund for downloading the image. If you
are not able to download an image, we will refund your payment for that
image, provided
that RomanceNovelCovers.com determines that you have been unable to download
the image successfully. If several charge attempts are made, due to multiple unsuccessful attempts of retrieving the file,
you should email support for a full refund.
Downloads are not refunded if more than 7 days from the download date
have passed.
RomanceNovelCovers.com
Trademarks
The trademarks, services and logos used and displayed in RomanceNovelCovers.com are registered and unregistered trademarks of
RomanceNovelCovers.com, its subsidiaries and affiliates.
RomanceNovelCovers.com trademarks may only be used publicly with the
permission of RomanceNovelCovers.com, with proper acknowledgement.
Except as expressly granted RomanceNovelCovers.com does not grant any
express or implied rights under any patents, copyrights, trademarks or
trade secret information.
Indemnification
You agree to indemnify, defend, and hold harmless RomanceNovelCovers.com
against all claims, liability, damages, costs and expenses, including
reasonable legal fees and expenses, arising out of or related to a
breach of this Agreement, the use of this site and the use of any Image
either alone or in combination with any other material, your failure to
abide by any restriction regarding the use of an Image, or any claim by
a third party related to the use of an Image, alone or in combination
with any other material.
Disclaimers
ROMANCENOVELCOVERS.COM PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS
BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES,
THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES
UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED,
NEITHER ROMANCENOVELCOVERS.COM NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE
TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF,
OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF
ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL
ROMANCENOVELCOVERS.COM'S
OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED
HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR
THE USE OF THAT IMAGE.
Copyright
The Photographer acknowledges that RomanceNovelCovers.com prohibits any
Image or any other material that infringes on any patent, trademark,
copyright, right to privacy, right to publicity, or any other applicable
law or proprietary right to be uploaded to its web site located at
RomanceNovelCovers.com.
By providing his/her Image to RomanceNovelCovers.com, the Photographer is warranting that he/she
owns all proprietary rights, including copyright, in and to the Image.
The Photographer acknowledges that he/she will provide accurate
information at submission date and during the time interval that the
file is hosted on RomanceNovelCovers.com's servers. RomanceNovelCovers.com
reserves the right to verify the information and to take the appropriate
measures in case of spam or inaccurate info.
The Photographer hereby grants RomanceNovelCovers.com a non-exclusive
license to post the Image on its web site and to see and deliver it to its
audience, affiliates or other representatives, through different media
channels, and further grants RomanceNovelCovers.com and its representatives
the right to sublicense the Image to their customers in accordance with
the terms of the RomanceNovelCovers.com Royalty-Free License Agreement, a
copy of which the Photographer acknowledges reviewing and agreeing to.
The Parties agree that all rights, including title and copyright, in and
to the uploaded Images, shall be retained by the Photographer, unless
otherwise mentioned by the license agreement. The Photographer
acknowledges that no monetary or financial compensation is owing or
required to be paid to the Photographer by RomanceNovelCovers.com or any of
its directors, officers, employees partners, agents or members for the
rights granted herein by the Photographer, other than stated in the
written contract between the Photographer and RomanceNovelCovers.com.
Currently, each photographer, and Co-Model when applicable, may request to be paid for his/her balance
with RomanceNovelCovers.com and RomanceNovelCovers.com is obligated to pay via
check or similar means, once the balance has reached $100 and the
photographer has submitted a payment request via email to support@romancenovelcovers.com.
RomanceNovelCovers.com is entitled to carefully analyze all details and logs
of the photographer and his/her downloads/sales on the website. If any suspicion
exists, RomanceNovelCovers.com has the right to delay the
payment request until all details are cleared or to refuse the payment.
Should the Photographer enter an agreement with RomanceNovelCovers.com which
provides exclusive rights to the agency or towards its customers, the
Photographer bounds him/herself to disable the image from all other sites
according to the specific terms of the agreement.
The Photographer agrees that neither RomanceNovelCovers.com nor any of
its directors, officers, employees, partners or agents shall be liable
for any damages, whether direct, indirect, consequential or incidental,
arising out of the use of, or the inability to use, the Image. The
Photographer further acknowledges that he/she is responsible for any
challenges made by any third party regarding copyrights in the Image.
Notification of copyright infringement
RomanceNovelCovers.com may remove images by Photographers who infringe the
intellectual property rights of others. If you believe that your work
has been used or copied in a way that constitutes copyright infringement
and such infringement is occurring on RomanceNovelCovers.com, send RomanceNovelCovers.com
a notice containing: (i) a physical or electronic
signature of the copyright owner or person authorized to act on behalf
of the copyright owner; (ii) a description of the copyrighted work or
works that you claim have been infringed and identification of what
material in such work(s) is claimed to be infringing; (iii) a
description of where the material that you claim is infringing is
located on the RomanceNovelCovers.com site; (iv) information sufficient to
permit RomanceNovelCovers.com to contact you, such as your physical address,
telephone number, and email address; (v) a statement that you have a
good faith belief that the use of the material you identified is not
authorized by the copyright owner, its agent, or the law; and (vii) a
statement by you that the information in your notice is accurate and,
under penalty of perjury, that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Photographer's Image Copyright Release
For valuable consideration: I hereby authorize RomanceNovelCovers.com to
publish, distribute, and sell all photographs that I submit to them in
their web site assignments at RomanceNovelCovers.com
I understand that by providing images to RomanceNovelCovers.com, I
authorize RomanceNovelCovers.com to duplicate, print, distribute or
resell any and all provided images, for sale to the public or for
commercial applications. I also understand that any image that includes
a recognizable person or property requires written consent from that
person or owner prior to submission and I should attach a signed Model
Release document or a Property Release document specifically signed for
RomanceNovelCovers.com. I am aware and fully understand that
RomanceNovelCovers.com will not be held liable for any copyright
infringements on any photographs provided by myself. By providing my
photographs to RomanceNovelCovers.com for publication in their web site
galleries for sale, I relinquish all copyrights and rights to sell
and/or use the images that have been provided and sold with a Rights
Managed Web & Print Usage license (RMWPU), per the Rights Managed Print Usage
(RMWPU) agreement.
I understand that the buyers of any licenses sold by
RomanceNovelCovers.com for my images, will remain anonymous to me. In
this event, I agree not to make any contact with the buyers of my
images, unless they are in obvious undisputable breach of the licensing
terms of the license issued by RomanceNovelCovers.com. In the event I
take any action against the buyers for being in breach of the licensing
agreement, I agree to notify RomanceNovelCovers.com in writing of my
intentions and I agree to indemnify and hold harmless
RomanceNovelCovers.com, its owners or directors, staff and associates of
any and all such actions.
I acknowledge that in exchange for this copyright release,
RomanceNovelCovers.com is obligated to award a percentage fee, per our
written contract, for each image provided to RomanceNovelCovers.com that
RomanceNovelCovers.com sells. I understand that
RomanceNovelCovers.com is entitled to refuse any of my images in which
case I retain all copyrights, without any further obligations.
I acknowledge RomanceNovelCovers.com has the right to remove from the
RomanceNovelCovers.com web site any photograph at any time.
RomanceNovelCovers.com is not required to alert the photographer as to
the reasons for the removal.
In addition to the terms stated above, I confirm to
RomanceNovelCovers.com that:
- The photos submitted are my own personal property.
- I will honor completely all licenses sold by RomanceNovelCovers.com,
within the terms of those licenses. I agree to abide by all the terms
and conditions as stated within this document and in regard to
copyrights and or my release of copyrights that are included in this
form.
No Waiver / Severability
No action of RomanceNovelCovers.com, other than an express written Waiver or
Amendment, may be construed as a waiver or amendment of this Site Usage
Agreement. Should any clause of this Agreement be found unenforceable,
wherever possible this will not affect any other clause and each will
remain in full force and effect.
RomanceNovelCovers.com reserves the right to take any actions that it
deems necessary to protect its rights, all rights of which are
specifically reserved.
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