Skip to content

Content License Agreement

TWILIGHTSCAPES CONTENT LICENSE AGREEMENT

LAST UPDATED: April 2021

This is a license agreement between you and Todd Lambert that explains how you can use photos, illustrations, vectors, and video clips (individually and collectively, "content") that you license from Todd Lambert. By downloading content from Twilightcapes, you accept the terms of this agreement.

Twilightscapes offers two types of license models: royalty-free ("RF") and rights-managed ("RM"). Royalty-free means that the license fee is paid once and there is no need to pay additional royalties if the content is re-used. Royalty-free content is licensed for worldwide, unlimited and perpetual use.

Rights-managed content is licensed for specific types of private use, and limits the use of the content to private use or display only.

Rights-managed content is allowed to be printed in any format suited for private display. Rights-managed content cannot be distributed or used in public in any way that compromises Todd Lambert's abilities to resell the content.

Subject to any restrictions and the rest of the terms of this agreement, the rights granted to you by Twilightscapes are:

Royalty-Free and Rights-Managed

Perpetual, meaning there is no expiration or end date on your rights to use the content. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning content can be used an unlimited number of times. Any and all media, meaning content can be used in print, in digital or in any other medium or format. Non- Exclusive, meaning that you do not have exclusive rights to use the content. Todd Lambert can license the same content to other customers. If you would like exclusive rights to use royalty-free content, please contact Todd Lambert to discuss a buy-out.

Limited to the specific use, medium, period of time, print run, placement, size of content, and territory selected, and any other restrictions that accompany the content on the Twilightscapes (or any other method of content delivery) or in an order confirmation or invoice.

Non-Exclusive, meaning that, unless otherwise indicated on the website, your invoice, sales order or separate agreement, you do not have exclusive rights to use the content. Todd Lambert can license the same content to other customers.

For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of. Please make sure you read the Restricted Uses section below for exceptions.

Restricted Uses

No Unlawful Use.You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body) or industry codes.

No Standalone File Use. You may not use content in anyway that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.

No Electronic Templates

You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).

Unless expressly authorized by Todd Lambert, you may not use any items of content in connection with an immutable digital asset intended for sale (such as a non-fungible token).

The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions: Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on who is named as the "Licensee" at the time of purchase. In other words, if you purchase a royalty-free image, only one of you (and not both) may re-use that image for multiple projects.

Intellectual Property Rights.

All of the licensed content is owned by Todd Lambert. All rights not expressly granted in this agreement are reserved by Todd Lambert. You may not assert any right to revenue from a collecting society, social media website, content sharing platform or any other third party in respect of photocopying, digital copying, sharing, distribution or other secondary uses of the licensed content.

Termination/Withdrawal.

Termination. Todd Lambert may terminate this agreement at any time if you breach any of the terms of this or any other agreement with Todd Lambert, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Todd Lambert in writing that you have complied with these requirements.

Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, the rights granted for such use shall immediately terminate, and in that event, upon Todd Lambert's request, you agree to remove any content from such platform or website.

Refunds/Cancellation.

No credits or refunds are available for digital content.

Severability.

If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.

Entire Agreement.

No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Todd Lambert and accepted by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.