Image Use Agreement

Image Use Agreement

The below sections have been excerpted from our larger Terms and Conditions for easier understanding of the terms governing images. You can find the full terms on the Terms and Conditions page of our site.

 

Content available on Schmoley's

The content available on Schmoley's is protected by the laws in force on intellectual property rights and by related international treaties. Unless otherwise stated, use of any content is permitted exclusively within the limits set forth in the present clause.
The Owner grants the User, for the entire duration of the Agreement, a personal, non-assignable and non-exclusive license for the use of such content. Such license is solely intended for personal use of any such content and never for its commercial use and is limited to the User's device.
Therefore, User may not copy and/or download and/or share (beyond the limits set forth below), modify, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content, even of third parties, available on Schmoley's, nor allow any third party to do so through the User or its device, even without User's knowledge. Where explicitly stated on Schmoley's, the User may be authorized, only for personal use, to download and/or copy and/or share some content available through Schmoley's, for its sole personal use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Content provided by third parties

The Owner does not moderate the content or links provided by third parties before their publication on Schmoley's. The Owner is not responsible for the content provided by third parties or for its availability.

Content provided by the User

Users are responsible for their own content and that of third parties that they share through Schmoley's, that they upload and post on or through Schmoley's, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.

In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that:

  • other Users file complaints;

  • a notice of infringement of intellectual property rights is received;

  • it is decided to do so in view of, or as a result of, legal actions;

  • said action is solicited by a public authority; or

  • if it is believed that the content, while being accessible via Schmoley's, may put at risk the Users, third parties, the availability of the Service and/or the Owner.

Rights over content provided by Users

The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Schmoley's.

Unless stated otherwise, the following applies:
By submitting, posting or displaying content on or through Schmoley's, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later.

Services provided by third parties

Users may use third-party services or content included in Schmoley's, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Forbidden use

The Service shall be used only in accordance with these Terms.
Users may not:

  • reverse engineer, decompile, disassemble, modify or create derivative works based on Schmoley's or any portion of it;

  • circumvent any technology used by Schmoley's or its licensors to protect content accessible via it;

  • copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Schmoley's;

  • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Schmoley's or its content;

  • rent, lease or sublicense Schmoley's;

  • defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);

  • disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;

  • misappropriate any account in use by another User;

  • register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Schmoley's in any way;

  • use Schmoley's in any other improper manner that violates the Terms.