LICENSING AGREEMENT
This is a licence agreement between you and Yo Deschamps that explains how you can use the photo you license from Yo Deschamps.
By downloading content from Yo Deschamps Photography, you accept the terms of this agreement.
What types of licences does Yo Deschamps offer?
Yo Deschamps offers one type of licence model: rights-managed (“RM”).
Rights-managed content is licensed for specific types of use, and pricing is based on size, placement, duration of use and geographic distribution.
How can I use licensed content?
You may use licensed content in any way consistent with the rights granted below and not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by Yo Deschamps are:
It is limited to the specific use, period, print run, placement, content size, territory selected, and any other restrictions accompanying the content on the Yo Deschamps website.
Non-exclusive means that you do not have exclusive rights to use the content unless indicated on the website, your invoice, sales order, or separate agreement. Yo Deschamps can license the same content to other customers, sell it in print, or share it online.
Restricted Uses
No Unlawful Use. You may not use images in a pornographic, defamatory or other unlawful manner to promote violence or hatred or in violation of any applicable.
No Alteration of Editorial Content. The image may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the content.
No Standalone File Use. You may not use the image in any way 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 mainly of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.
Who besides me can use the licensed content?
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. Your employer or client may not use the content if you do not have that authority. 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.
Subcontractors. You may allow subcontractors (your printer or mailing house) or distributors to use content related to your final project or end use in any production or distribution process. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.
Intellectual Property Rights.
Who owns the content? Yo Deschamps owns all the licensed content. All rights not expressly granted in this agreement are reserved by Yo Deschamps. You may not assert any right to revenue from a collecting society, social media website, content-sharing platform or any other third party regarding photocopying, digital copying, sharing, distribution or other secondary uses of the licensed content.
Do I need to include a photo credit? You do not need to have a photo credit for commercial use. Still, if you use content for editorial purposes, you must include a credit adjacent to the content or in production credits. The credit should be in the following form: “[Photographer: Yo Deschamps].
Term and Termination
This agreement becomes effective from the date the parties sign it and shall remain in full effect as long as the license complies with the terms.
Renewal. Upon expiration of the term, if you desire to use the image for longer terms, please email info@yodeschamps with all the details. We will promptly send you a quote for the Renewal and a new contract.
Yo Deschamps may terminate this agreement if the licensee breaches any of its terms or conditions upon notice to the licensee.
Social Media Termination. If you use the content on a social media platform or other third-party website and the platform or website uses the content for its purpose or in a way contrary to this agreement, the rights granted for such use shall immediately terminate. In that event, upon Yo Deschamps's request, you agree to remove any content from such platform or website.
Refunds/Cancellation. All requests for refunds/cancellations must be made in writing. If the request is made within seven days and the licensed content has not been used, Yo Deschamps may cancel the relevant order and issue a full refund to your account or credit card. No refunds are available for cancellation requests received more than seven days after receiving content. In the event of cancellation, your rights to use the content terminate, and you must delete or destroy any copies of the content.
All rights granted by this photo licensing agreement will immediately cease upon termination. The licensee must stop using the image directly and remove it from their possession.