Terms of Service


cut out people by studio esinam

 

Image Licence Agreement & Payment terms


Dear User

The following is a legal agreement between you the company you represent or other entity
on whose behalf you are entering into this agreement, hereon referred to as "you" or
"user" and studio esinam AB with company details as below.

By agreeing to these Terms of Service “TOS”, you agree that these terms control your rights
and obligations with respect to all image licenses / subscriptions obtained from studio
esinam. studio esinam reserves the right to modify these terms at any time in its sole
discretion. studio esinam will notify you of any such change by an announcement on this page.
By continuing to download and/or use images, you agree to be bound by all such changes.
If you do not agree with any of the changes, do not download or
use any images.

Cutout images of people are hereon referred to as “images” or "cutouts".
The architectural visualizations into which the cut out people are put are referred to as
“architectural visualizations”.


A license is valid to use by a company under one company name.
Different companies with the same owner still need individual licenses.

Downloaded cutouts can only be used in images created during an active licence / subscription.

If you choose not to renew a monthly or yearly licence / subscription your rights to use the cutouts
in new images ends at the end of the licence / subscription.


Part I – Payment terms

    1. It is possible to pay with all types of Visa, Mastercard and American Express cards.
      All licenses / subscriptions are paid in advance.

    2. We use Stripe and Chargebee to process online card payments.
      A payment link will be sent to you after placing an order on our website.
      By placing the order you agree to pay the amount specified on the order page.

    3. Monthly and Yearly licenses / subscriptions are automatically renewed at the
      end of the pre-paid period if not cancelled before.
      When paying for a monthly or yearly subscription you allow studio esinam
      to charge the used credit or debit card at the end of each pre-paid period
      as the license / subscription is renewed unless it is cancelled at least 2 
      business days before renewal.
      To cancel a subscription please email subscriptions@studioesinam.com 

      When signing up for a monthly subscriptions you sign up for a minimum of 6 months and 
      agree to pay a minimum of 12 monthly subscription fees. 

    4. Monthly licenses / subscriptions are renewed the same date every month 
      e g 15th of june, 15th of july, 15th of august etc.
      Yearly licenses / subscriptions are renewed every 365 days.
       

Part II – Image Licence

studio esinam grants the customer a non-exclusive, non-transferable right to use, and
reproduce images in the Library worldwide as permitted by the applicable license and
subject to the limitations set forth herein:

  1. You only have the right to include images from the library in new visualizations when
    you have an active subscription.

  2. Images can only be used in architectural visualization where the main focus is on the
    architectural project.

  3. Images can be used in architectural visualizations for both commercial and non-commercial use.

    You may not:

    1. Use images in other ways than ruled by this license.

    2. Portray any person depicted in images in a way that a reasonable person would find
      offensive.

    3. Use images in a way that indicates political affiliation of the person depicted.

    4. Resell, redistribute, provide access to, share or transfer any images except as
      specifically provided herein. E g use images in a manner that infringes upon any third
      party's trademark or other intellectual property, or would give rise to a claim of
      deceptive advertising or unfair competition.

     

    Part III - Liability

    1. Studio esinam shall not be liable for any damages, costs or losses arising as a result
      of modifications made to the images or due to the context in which you use the
      images.

    2. You will indemnify and hold studio esinam harmless against any damages or liability of
      any kind arising from any use of the images other than the uses specifically permitted
      by these TOS. You further agree to indemnify studio esinam for all costs and expenses
      that studio esinam incurs in the event that you breach any of the terms of this or any
      other agreement with studio esinam.


    Part IV - Additional Terms

      1. Except when required by law, studio esinam shall be under no obligation to issue
        refunds under any circumstances. All fees are non-refundable, even if your
        subscription is terminated before its expiration.
        In the event
        that studio esinam determines that you are entitled to a refund of all or part of the fees
        you paid, such refund shall be made using the payment method originally used by you
        to make your purchase. 

      2. If studio esinam is required to collect taxes such as sales tax, value-added tax, goods
        and services tax or other taxes under the laws of your state or country of residence,
        you shall be liable for payment of any such indirect tax. Where studio esinam is not
        required to collect indirect tax from you, you may be required to self-assess said
        tax under the laws of your country of residence.

      3. "Non-transferable" as used herein means that except as specifically provided in these
        Terms of Service, you may not sell, rent, give, sublicense, or in any other way transfer
        to anyone, images or the right to use images. You agree to take all commercially
        reasonable steps to prevent third parties from duplicating any images.

      4. You hereby grant studio esinam a worldwide, non-exclusive, limited license to use
        your trademarks in studio esinam's promotional materials, including a public customer
        list. studio esinam agrees that it will use commercially reasonable efforts to terminate
        any particular use of your trademark no later than thirty (30) days from the date of
        receipt of such a request. Email any such request to subscriptions@studioesinam.com

      5. If any individual term of these TOS is found to be invalid or unenforceable by any legal
        or regulatory body of competent jurisdiction, such finding will be limited only to such
        invalid or unenforceable part, without affecting the remaining parts of such individual
        term, or any other part of these TOS, so that these TOS shall otherwise remain in full
        force and effect.

      6. In the event that you breach any of the terms of this or any other agreement with
        studio esinam, studio esinam shall have the right to terminate your account without
        further notice, in addition to studio esinam's other rights at law and/or equity. studio
        esinam shall be under no obligation to refund any fees paid by you in the event that
        your account is terminated by reason of a breach.

      7. Except as specifically set forth herein, studio esinam grants no rights and makes no
        warranties, with regard to the use of personally identifiable information , trademarks,
        trade dress or copyrighted designs depicted in any image. studio esinam only
        has model releases for all images with faces fully visible.

      8. In the case that studio esinam or its website would cease to exist or if the website in
        which the images of the library are categorised would no longer be accessible,
        lifetime licence holders have the contractual right to obtain the full library categorised.

    Neither studio esinam nor any of its employees, managers, members, shareholders or
    directors shall be liable to you or to any other person or entity for any damages, or lost
    profits or any other damages, costs or losses arising out of your use of the images,
    studio esinam’s services, studio esinam's breach of this agreement, or otherwise,
    unless specified herein, even if studio esinam has been advised of the possibility of
    such damages, costs or losses.


    studio esinam AB, 
    Södra Vägen 36A, 
    412 54, Gothenburg, 
    Sweden.

    Org no. 556920473701
    VAT no. SE556920473701


    Date: 2018 11 04