Standard Licensing Terms
1. Julio Bárcena grants to User a non-exclusive, non-sublicensable and non-assignable right (unless otherwise specified in the license) to use the licensed material only in accordance with the specifications and limitations specified in the license. The specifications and limitations concern area of use, medium, period of time, print run, placement, size of Licensed Material, territory and any other restrictions specified in the Rights and Restrictions. The user alone is entitled to use the licensed photo in accordance with the specifications and limitations in the license.
At any time, Julio Bárcena is entitled to ensure that the user respects these TLE.
2. Julio Bárcena holds or represents all intellectual property rights of the licensed photos. The user must in every respect abide by the rights of Julio Bárcena and its partners and licensors, and the user is liable without limitations for any disregard or infringement of these rights, including un-allowed or unlawful use or forwarding of the licensed photo to a third party. The user is not entitled to copy, archive, republish or transmit the licensed photo or parts thereof to an extent other than specified in the license without Julio Bárcena’s prior written consent. The user is not allowed to use the licensed photo in any compromising or defamatory con-text.
Except as otherwise, all Licensed Material used in an editorial context must include the following credit line adjacent to the Licensed Material: Julio Bárcena
Julio Bárcena will notify the user if it has obtained a model release and/or a property release for Licensed Material, either in the Rights and Restrictions or by written notice to Licensee. If no such notification is given, then no such model or property release has been obtained. The user acknowledges that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. Neither Julio Bárcena nor any party on whose behalf Julio Bárcena licenses Licensed Material makes any representations or warranties as to whether any additional fees or payments may be due to any person depicted in Licensed Material pursuant to the requirements of any applicable trade union, and the user shall be solely responsible for any such additional fees or payments to such trade union.
Except where user is specifically notified that a model and/or property release has been obtained by Julio Bárcena, neither Julio Bárcena nor any Licensor grants any rights or makes any warranties with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs or works of art or architecture depicted in any Licensed Material. The user shall be solely responsible for determining whether a release is required in connection with any proposed use of Licensed Material, and the user shall be responsible for obtaining any required release. As to any release delivered with any Editorial Licensed Material, neither Julio Bárcena, nor any user, makes any representation, warranty or guarantee as to its sufficiency with regard to any use of the Licensed Material made by the user. The User shall obtain all necessary individual, property, team logo, trademark, audio and other releases, approvals and clearances from third parties as may be required for the user’s use of the Licensed Material prior to using the Licensed Material.
3. The price for the licensed photo is specified in the license, and the outstanding amount is due 30 (thirty) days from the date of the license (unless otherwise specified in the license). In the event of late payment Julio Bárcena shall be entitled to claim default interest of 2% per month of the amount due.
Rights of the licensed image are reserved to the user when an invoice is created. The user is liable to pay 50% of the total license fee if they cancel an order within ten days after being sent the terms & conditions of the usage by electronic email. After 10 days, the user is responsible for the full payment of the invoice.
4. If the user experiences difficulties in licensing photos at Julio Bárcena’s website, the user may contact at [email protected] Julio Bárcena will try to help the user as far as possible, but cannot be held responsible for the user’s own hardware, software or internet connection or the advice given.
5. If the licensed photo cannot be accessed or used as presupposed by the user after his/her acceptance of these TLE, Julio Bárcena – after having been informed thereof by the user – is under an obligation to ensure that the licensed photo can be used by the user in accordance with the specification and limitation specified in the license. This right to complain and this obligation to remedy are the user’s only rights in connection with defective delivery of the licensed photo.
6. Julio Bárcena warrants that it has obtained the right to license the photo from the photographer. Besides this express warranty, the licensed photo is licensed “as is”. Julio Bárcena makes no other representations or warranties of any kind whatsoever, express or implied, in connection with the licensing or these TLE, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. To the fullest extent permitted by law Julio Bárcena will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the licensed photo, including use thereof, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Julio Bárcena have been advised of the possibility of such damages.
7.The user agrees to defend, indemnify and hold Julio Bárcena and its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors, harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from the user’s use of the licensed photo.
8. A party cannot be held responsible towards the other party in case of force majeure, which affects the party’s obligations under these TLE. Force majeure includes i.a. war and mobilization, natural disasters, strikes, lock-outs, fires, absent, delayed or defective deliveries from sub-suppliers/licensors, damaged production machinery, computer virus, key personnel being unfit for work, import and export regulation conditions and other conditions outside the con-trol of the party in question.
10. Spanish law shall govern the use of the licensed photo and the parties hereto submit to the exclusive jurisdiction of the Spain courts.
11. These TLE and the license constitute the complete and exclusive agreement between the user and Julio Bárcena regarding the licensed photo(s). Julio Bárcena reserves the right, in its sole discretion, to change these TLE at any time by posting the changes on Julio Bárcena’s website. Any changes are effective immediately upon posting to the website. The user’s continued use of licensed photos, including any new licensing, is governed by such new TLE. Julio Bárcena’s failure to require performance of any provision in these TLE shall not affect Julio Bárcena’s full right to require such performance at any time thereafter, nor shall Julio Bárcena’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these TLE and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. In the event that any provision of these TLE shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these TLE unenforceable or invalid as a whole. Julio Bárcena will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.