License

License

Overview

Depending on the intended use of the image, there are three license to chose from.

Personal $200

Our Personal License is solely intended for personal, non re-distributional, use. You may use the Media for display on personal websites, computers, or virtual copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.
(As Defined Below).

Editorial $400

Our Editorial License can be used for educational or journalistic purposes. The image may be used as a descriptive visual reference – an example of a specific person, place, thing or event. It cannot be used for commercial advertising purposes that might help sell or promote a product or concept.
(As Defined Below).

Commercial $650

Our Commercial License can be used to promote or sell a product or a service. This encompasses everything from product packaging, corporate stationery, and to blogs that are at all related to a business venture.
(As Defined Below).

Personal

The Personal License only extends to personal use of the photograph and is in no way allowed for redistribution or applications of any kind whatsoever.

If your intended use is outside of the Personal License permissions, you must chose from the other 2 options (Commercial, Editorial). Thank you for your understanding and cooperation.

Allowed

  • Desktop background photograph.

Not Allowed

  • Using an outside printer with your digital download. The quality of the digital download provided is to keep the integrity of the photograph intact as the photographer intended. Using an outside printer will compromise the photographer’s name/brand/vision and is not allowed.
  • May not duplicate and share.

Editorial

The Editorial License means that the image can only be used for non-commercial purposes.

“Editorial” means that an image is used as a descriptive visual reference – an example of a specific person, place, thing or event.

If your intended use is greater or less than that of the Editorial License permissions, please refer to either the Commercial or Personal sections of this page for further review. Thank you for your understanding and cooperation.

Allowed

  • in a newspaper or magazine article
  • on a blog or website for descriptive purposes
  • in a non-commercial presentation

NOT Allowed

  • in any kind of advertising or promotional material.
  • in the creation of items or products for resale (e.g., prints, posters, mugs, stationery, calendars, electronic templates, etc.)
  • for any ‘advertorial’ purposes (ie: in sections or supplements in relation to which you receive or pay a fee)
Commercial

Standard Commercial License Terms

We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by Timothy William Fores with Kings Designs.

If your intended use is less than that of the Commercial License permissions, please refer to either the Editorial or Personal sections of this page for further review. Thank you for your understanding and cooperation.

Permitted Standard Commercial License Uses

(a) You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below).

(b) Seat Restrictions. Only you are permitted to use the Content, although you may transfer files containing Content or Permitted Derivative Works to your clients, printers, or ISP for the purpose of reproduction for Permitted Uses, provided that such parties shall have no further or additional rights to use the Content and cannot access or extract it from any file you provide.

(c) Permitted Uses. Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Content:

1. advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license);
2. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations;
3. on–line or electronic publications, including web pages to a maximum of 800 x 600 pixels for image or illustration Content or to a maximum of 640×480 for video Content;
4. prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution; and
5. any other uses approved in writing by Henry Jun Wah Lee / Evosia Photography.

If there is any doubt that a proposed use is a Permitted Use, you should contact Timothy William Flores either by email, phone, or both. for clarification.

Standard License Prohibitions

(a) Prohibited Uses. You may not do anything with the Content that is not expressly permitted in the preceding section. For greater certainty, the following are “Prohibited Uses” and you may not:

1. use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
2. use or display the Content on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products, including postcards, mugs, t-shirts, posters and other items (this includes custom designed websites, as well as sites such as www.cafepress.com);
3. use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
4. use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
5. incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
6. use the Content in a fashion that is considered by Timothy William Flores / Kings Designs (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
7. use or display any Content that features a model or person in a manner (a) that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or (b) except where accompanied by a statement that indicates that the Content is being used for illustrative purposes only and any person depicted in the Content is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Content, unless the Content itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Content may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Content itself;
8. to the extent that source code is contained within the Content, reverse engineer, decompile, or disassemble any part of such source code;
9. remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
10. sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
11. install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
12. use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement; or
13. use the Content for editorial purposes without including the following credit adjacent to the Content: “©Kings Designs.com / Timothy William Flores].

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