This License Agreement, hereinafter referred to as "LICENSE" is issued to the USER with a corresponding License Code upon purchase or download of the MEDIA, which shall entitle the USER to a fair use of the MEDIA as defined by this LICENSE. This LICENSE shall come into force and effect upon the purchase of the MEDIA by the USER, or the download of the MEDIA by the USER. The USER agrees to be bounded by the terms and conditions set forth in this LICENSE. The USER accepts this LICENSE either for the USER or on behalf of the employer of the USER to which the beneficial usage of the MEDIA is applied. In the event that the USER accepts this LICENSE on behalf of the employer, the USER warrants to have full legal authority to bind the employer to this LICENSE.
Upon acceptance of this LICENSE by the USER, LICENSOR therefore grants to the USER a non-exclusive and non-transferable right to use the MEDIA subject to the limitations and conditions set forth below.
- Allowed Use:
Authorized use of the MEDIA is enumerated below and is limited to a single purpose use, any other use not explicitly covered below by this LICENSE is reserved by LICENSOR and/or its CONTRIBUTOR and such use may not be executed without prior written consent by LICENSOR and/or its CONTRIBUTOR.
- MEDIA may be used for private or personal use.
- MEDIA may be used as part of a website production, online publication, ebook, webpage, video production and the like, but limited to a single application or production per license and images displayed may not exceed 1,000 pixels in width or height.
- MEDIA may be used for print items and such item may be offered for sale or re-sale to third parties up to a maximum of 10,000 hard-copy reporductions and limited to a single purpose use. For reproduction in excess of 10,000 limit, the USER may purchase another license for every 10,000 reproductions in excess.
- MEDIA may be used for advertising and promotional materials where the item produced shall not be for sale or re-sale to third parties.
- MEDIA may be used for printed products such as brochures, catalogues, printed shirts, printed decorations, postcards, invitations, greeting cards, or give-aways subject to a single purpose use of the MEDIA provided that the same shall not be for sale or re-sale to third parties.
- USER may reproduce the MEDIA in printed posters, banners, tarpaulin or the like up to a maximum of ten (10) square meter print size. For sizes in excess of the stated limit, please contact us for special licensing.
- MEDIA may be used anywhere in the world and the right to use shall not expire provided that the conditions herein contained are strictly adhered to.
- MEDIA may be used for editorial purposes with a single production run or issue and with the inclusion of the following caption: "© [Contributor Name] - www.mangotree.ph".
- USER may not transfer, assign or sub-license this LICENSE to anyone.
- USER may not claim intellectual or exclusive ownership to MEDIA modified or unmodified.
- USER may not use any portion of MEDIA to redistribute MEDIA under the same or another name.
- MEDIA may not be sold, resold, offered for free, given away or redistributed in any manner whatsoever, unless provided for in the Allowed Use Section.
- USER may not use MEDIA in any way that violates the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
- USER may not use MEDIA in any way that violates civil and criminal laws or such use which is deemed illegal or immoral.
- USER may not use MEDIA in a manner that is defamatory, immoral, obscene, pornographic or libelous in nature.
- USER may not use MEDIA in a manner which the depicted person or a person owning the depicted property would find objectively offensive including but not limited to usages associated with sexual entertainment, sexual products, or intoxicating, addictive or illicit.
- USER may not reverse engineer, decompile, or disassemble any part of MEDIA for use in a manner which is not intended as allowed use.
- USER may not use the MEDIA in whole or any part of MEDIA in a trademark, service mark, logo or copyrighted material where the image shall become an integral part of such copyright material.
- USER may not remove any watermark, copyright or trademark information from the MEDIA.
- USER may not use the MEDIA in a manner that is against LICENSOR or is deemed in competition to the business of LICENSOR.
MEDIA is provided on an "as is" basis without warranty of any kind - either expressed or implied - including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. LICENSOR does not warrant the performance of the MEDIA or that the MEDIA will meet USER's requirements. It is understood that LICENSOR is under no obligation to continue the development of any additional MEDIA or to correct any error, omission, or malfunction therein.
USER acknowledge that the content available through MANGOTREE is the property of the LICENSOR or its CONTRIBUTORS and is protected by copyright and other intellectual property laws. Furthermore, USER acknowledge that trademarks and copyrights of the subject matter depicted in the images are subject to protection by intellectual property laws and that USER must obtain consent from the owners of the intellectual property whenever necessary to comply with intellectual property laws. Absent an explicit written statement from LICENSOR stating otherwise, USER should assume that no consent from persons or owners of property depicted in an image has been given regarding the publication of the image and that model and property releases are not available from LICENSOR or its content providers. Further, LICENSOR makes no claims or warranties as to the validity of the model or property releases associated with any images and the existence of such releases should be independently verified by USER with sources other than LICENSOR and that USER agrees that such usage shall be at USER's risk. In other words, USER assumes sole responsibility to ensure that USER 's usage of an image complies with the laws concerning intellectual property and the rights of individuals with respect to defamation, privacy, and right to publicity. USER agrees when feasible to include the copyright information from the image file in the form of a legally effective copyright notice if at all possible in this form: "[Year] © [Contributor Name] - www.mangotree.ph".
MEDIA are owned by their respective CONTRIBUTORS and protected by Philippine Copyright Law and International Treaty provisions. USER must treat MEDIA just as USER would any other copyrighted material. MEDIA remains the property of the CONTRIBUTOR. MEDIA is licensed, and not sold. By paying the License Fee and/or downloading the MEDIA, USER is granted the right to use MEDIA as described in this LICENSE, but USER does not assume any rights of ownership or other rights in and to MEDIA.
Should USER use unlicensed copies of MEDIA without the expressed written consent of LICENSOR, USER is in violation of this LICENSE. If USER was using any portions of MEDIA which ordinarily require the payment of License Fees, USER agrees to pay to LICENSOR the License Fees necessary to license the unlicensed implementation according to the schedule of License Fees available at the time from LICENSOR. Additionally, LICENSOR may require that USER immediately and entirely remove any implementation of the MEDIA that is in breach of this LICENSE. In addition, USER shall be liable for the payment to LICENSOR of court costs, attorney's fees, punitive damages, and any other legal remedy appropriate for the situation. Should USER distribute, sell, or otherwise make available any portion of MEDIA or any modification which is determined to be MEDIA according to any other sections of this LICENSE, USER shall be liable for the payment to LICENSOR of the equivalent cost of License Fees for MEDIA or for all monies collected by USER in violation of this LICENSE, whichever is more. In addition, USER shall be liable for the payment to LICENSOR of attorney's fees, court costs, punitive damages, and any other legal remedy appropriate for the situation.
USER shall at all times take necessary precautions and exercise extraordinary care and diligence in the execution of its obligations hereunder so as not to cause injury, damage or losses to persons and property. Any damage, loss, accident, or injury to any person and their property or any claim or liability consequent to USER's performance of the work under this Agreement shall be shouldered by USER, and USER shall hold LICENSOR free and harmless from any action or causes of action.
USER shall indemnify, defend and hold harmless LICENSOR, and it's CONTRIBUTORS, affiliates, directors, officers, employees, agents, shareholders, members, and partners from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) USER's use of MEDIA and/or any material or content that USER uploads, downloads, posts or transmits through MANGOTREE; (ii) USER's breach of the terms and conditions of this LICENSE or any representation, warranty or covenant made by USER herein; or (iii) USER's violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives indefinitely the termination and/or expiration of this LICENSE.
USER warrants that he is at least eighteen years of age, or an emancipated minor, and are fully able and competent to accept, make, and/or perform the terms, conditions, obligations, affirmations, representations and warranties set forth in this LICENSE. If applicant is under the age of eighteen, he must provide a signed consent form from his parents or guardian in order to become a USER.
USER has the legal capacity and authority to enter into this LICENSE.
The failure on the part of LICENSOR to insist on a strict compliance by USER with any of the terms and conditions herein shall not constitute a waiver by LICENSOR of such compliance by USER, unless such waiver is reduced in writing and duly signed by the duly authorized representative of LICENSOR.
LICENSOR may assign this LICENSE in whole or in part at any time without USER's consent. This LICENSE is personal to USER and USER may not assign this LICENSE or delegate any of its obligations hereunder.
Should any provision or portion of this LICENSE be declared illegal or void by any future legislation or duly constituted authority, the other provisions or portions not so declared shall remain in full force and effect, without either party becoming liable to the other therefor.
This LICENSE shall automatically terminate upon failure by USER to comply with its terms. All copyright provisions and restrictions contained herein shall survive termination. This LICENSE may only be modified in writing signed by an authorized officer of LICENSOR.
LICENSOR reserves the right to change and/or modify these terms without prior notice. USER acknowledges that this is a legally binding contract, and violation will have legal consequences. Should this license be violated, USER'S acceptance of this document will be used against you in a court of law. USER will be held responsible for chargeback fees, court costs, attorney fees and any other costs that arise from violation of the LICENSE.
Any disputes arising out of or relating to this LICENSE shall be resolved in accordance with the laws of the Philippines, without regard to its conflict of law rules. The parties hereby consent to the exclusive jurisdiction of the City of Manila (to the exclusion of all other courts) in all disputes arising from or relating to this LICENSE or USER's access to or use of MANGOTREE and/or services provided by MANGOTREE.
Allowed uses for Commercial License
- Unlimited hard copies (not for sale)
- Limited print size up to 10 square meters
- Use on items that are for sale (Limited to 10,000 copies)
- Limited to a single purpose use
- World wide and non-expiring License
Note: This is only a summary and does not describe the full interpretation of the actual license. In the event of any conflict, the terms and conditions indicated on the license shall prevail.