Terms of Use
Commercial agreement
The Commercial membership allows you or your company to use all of our photos in your own commercial projects such as book covers, illustrations, video games, etc. All our photos are royalty free, so you can use them for your commercial projects without additional payment.
This Agreement Between
a)............................. (known hereinafter as the Developer) of the
one part, and
b) SmartNet IBC LTD (trading as www.female-anatomy-for-artist.com , Figure Drawing
and Pose Resource for Artists), of 60 Market Square P.O.Box 364, Belize City,
Belize (known hereinafter as the Licensor) of the other part.
1. LICENSE
1.1On payment of the License Fee (this being
found at www.female-anatomy-for-artist.com , which may change from time to time),
the Licensor grants to the Developer a perpetual, worldwide, non-exclusive,
royalty free license to use the Products (these being hi-resolution photo files
found at www.female-anatomy-for-artist.com ) and to adapt and modify them in
any way the Developer so wishes for the purposes given in Clause 1.3.
1.2 The Products are only licensed to the Developer
and are not sold.
1.3 The Products may only be used by the Developer
for the following purposes:
(a) Personal or commercial use
(b) 3D or 2D art
(c) Inclusion in Computer or video games
(d) Textures and/or 3D models
(e) Modeling
1.4 The Developer is not permitted under any
circumstances to:
(a) Provide any free download of the Products in any web site or electronic
devices.
(b) To resell the Product itself
2. PAYMENT
2.1 The Developer will pay a License Fee to the Licensor
for the License provided.
2.2 The Licensor will not be entitled to any
further payments other than the License Fee from the Developer regardless of
how the Products are used (in accordance with Clause 1.3).
3. WARRANTIES
3.1 The Licensor warrants and undertakes to
the Developer that:
(a) it has the right to enter into and perform this Agreement and to grant this
License
(b) it has separate agreements in place with all models who have agreed to the
using of their photos for creating 3D models, characters for games and any other
commercial or non commercial use
(c) the Products and service provided do not infringe the Intellectual Property
Rights of any third party.
(d) should the photograph capture an object, whose design shall be protected
by copyright or a third party's trademark, the Developer (the other contracting
party) acknowledges that it shall use such photograph in such manner, so as
not to infringe on the copyright or third party’s trademark in question. Should
the Developer (the other contracting party) act in violation of this provision,
it shall bear the related effects and consequences.
3.2 The Licensor shall indemnify (and shall keep
fully indemnified) the Developer from and against all costs, losses, expenses
and damages (including reasonable legal fees) arising out of or in connection
with any claim or claims that results in a breach by the Licensor of any of
the warranties set out in Clause 3.1.
3.3 The Developer warrants and undertakes to the
Licensor that: (a) it has the right to enter into and perform this Agreement.
3.4 The Developer shall indemnify (and shall
keep fully indemnified) the Licensor from and against all costs, losses, expenses
and damages (including reasonable legal fees) arising out of or in connection
with any claim or claims that results in a breach by the Developer of any of
the warranties set out in Clause 3.3.
4. GENERAL
4.1 This Agreement is governed by the laws of Belize
and subject to the jurisdiction of the Belize courts.
4.2 Both parties shall keep confidential the terms
of this Agreement unless otherwise agreed in writing.
4.3 The Developer and Licensor are independent
contractors and nothing in this Agreement will be deemed to place the parties
in the relationship of principal agent, partners of joint ventures.
4.4 To the extent that any provision of this
Agreement is found by any court or competent authority to be invalid, unlawful
or unenforceable in any jurisdiction, that provision shall be deemed not to
be a part of this Agreement. It shall not affect the validity, lawfulness of
enforceability of that provision in any other jurisdiction.
4.5 The parties agree and intend to be bound by this
Agreement.
The Developer:
Signed:
Dated:
The Licensor: www.female-anatomy-for-artist.com SMARTNET IBC LTD
Signed: Richard Polák
Dated:
