Tibilis.com Terms & Conditions – Rights Protected

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU OR THE EMPLOYER, COMPANY, ORGANIZATION, OR OTHER ENTITY ON WHOSE BEHALF YOU ARE ENTERING IN TO THIS AGREEMENT (hereafter “You”) AND THEODOROS TIMPILIS, (hereafter “TIBILIS.COM”). BY DOWNLOADING OR USING ANY TIBILIS.COM IMAGES ON THE STOCK SECTION OF THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

PERMITTED USAGE

TIBILIS.COM grants you a personal, nontransferable, nonexclusive right to copy the Images you have selected and paid for, onto your computer hard drive or other data storage device and to use the Image and any derivative works or copies (collectively, the “Image”) on the terms agreed on purchase of this Image.

TIBILIS.COM has developed and uses an electronic system (Royalty Free Price Calculator) on the site for determining the price for each Image according to the intended usage of the Image (License type, Image size etc.). In the Price Calculator you can choose through the relative drop down menu the type of license you need. The descriptions in the drop down menu are only indicative to help you choose fast if you are familiar with purchasing Royalty free images. Click here or on the “Learn more about license types” link in the price calculator to be informed further. All license types are bound by this agreement.

When describing the intended use of the Image in the process of determining the price for each Image, you agree to use the Image in the way described by yourself. If you want further use of the Image, multiple usages of the same Image or a use that is not described in the online system, you may contact TIBILIS.COM at Customer Service for a quote and a price to be determined. You may only use the Image in a way above the initial use you described electronically at purchase after a price has been agreed and electronic receipt of payment has been confirmed. You may use the Image only in the way as the license type you choose allows.

You may use the Image exclusively for you or on behalf of one direct client of yours. For each additional end user of the Image you should make an additional purchase of the same Image. If you use the Image for your direct client or customer, he will be bound by these terms too (TIBILIS.COM License Agreement) except the right to use it on behalf of one direct client of his. You are solely responsible to inform your client about bound by this agreement. You must keep records of all usages of the Images, yours as well as your clients’ too, such as company name or name and surname, Image number ID, License type and date of usage or the Invoice-License delivered to you after downloading each Image and deliver them to TIBILIS.COM upon request.

You may transfer Images to a third party for the sole purpose of such third party to print and/or manufacture your goods incorporating Images subject to the terms and conditions herein. Any such third party will bound by this agreement’s restrictions without having the usage rights granted to you by this agreement. You are solely responsible to inform such third party about terms and restrictions of this agreement and that they also bound by this.

You may use the Image without time limitation, subject to the limitations set forth herein.

You may modify the Image. Even after modification, all rights of the initial Image remain a property of TIBILIS.COM or the particular illustrator credited. No additional rights, beyond those specifically agreed in this license, are transferred to the user because of the modification or for any other reason. You should make sure that you have the necessary rights for any additional photos, Images, fonts, software etc. that you may use for the modification.

The site allows you to download a facsimile of all Images at a lower resolution  than the actual Image sold, and this facsimile Image bears the watermark of TIBILIS.COM (hereafter “watermarked Image”). This watermarked Image is to be used only for you to decide whether you are going to purchase the actual Image and can be used free of charge only for in-house presentations, or rough draft designs for yourself and/or your clients. Even for this purpose you are not allowed to post the Images or modified watermarked Images on the internet or use them in any other way.

Watermarked Images may be used in networks, forums and discussion boards (for non commercial use) provided that they are used as they are (without any modifications, including size modifications), with the watermark and a reference to our site tibilis.com/stock. It is not allowed to use the Images in such networks, forums and discussion boards if they in any way claim any rights on the Images.

Any other use of the watermarked Images is totally prohibited.

TIBILIS.COM grants you the non-exclusive right to use the Images according to the rights selected and indicated on the menus of the online licensing process. TIBILIS.COM’ Invoice will set forth the details of the order and conditions of use. To obtain exclusive rights, you must contact an account representative at Customer Service.

All content of the site, images and text, general layout of the site, all software including but not limited to the price calculating software, the pricing policy and everything else in the site is protected by copyright.

In case of doubt, please contact an account representative at TIBILIS.COM – Customer Service, or call our office (+30) 210 8062369.

RESTRICTIONS OF USE

Under any license purchased you are not allowed to:

1. Use the Image beyond the terms of the limited license agreement without first obtaining an additional license.

2. Use the Image or watermarked Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

3. Use of the Image or watermarked Image in any way that violates a depicted person’s right of privacy or publicity, or that infringes on any trade name, trademark or service mark.

4. ARCHIVE, REPUBLISH or TRANSMIT Images and watermarked Images on any DATABASE without TIBILIS.COM’ prior written consent.

5. Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from TIBILIS.COM.

6. Sublicense, re-license, rent or lease any of the Images or watermarked Images.

7. Use of the Images or watermarked Images to promote a business that sells or licenses illustrations, photographic Images, or otherwise competes with TIBILIS.COM in any manner.

8. Use of the Images for Print on Demand services (included but not limited to sites such as Zazzle.com).

9. Ship, transfer or export any of the Images or watermarked Images into any country or use any of them in any manner prohibited by any export laws, restrictions or regulations.

10. Use the Image as a logo or trademark or in any way claim a copyright in whole or parts of it.

11. Use the Image or watermarked Image in any way claim is created by you or other than the copyright holder.

12. Use the Image or watermarked Image  in networks, forums, discussion boards etc if they in any way claim any rights on them.

13. Use the Image in a web site, mobile device or any digital format in resolution higher than 1200 pixels on its larger side.

RELEASES

No model releases or other releases exist on any Images unless the existence of such release is specified in writing by TIBILIS.COM. All rights to the Images and characters depicted on them in this site are the property of TIBILIS.COM or the individual illustrator, as the case may be.

INDEMNITY

You agree to indemnify and hold TIBILIS.COM, and the Illustrator, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from the use of an Image or any breach of this agreement.

NO WARRANTY

TIBILIS.COM GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARKS, LOGOS, FONTS, TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY PICTURE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. TIBILIS.COM IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION.

In any event and under all circumstances, the limit of liability of TIBILIS.COM shall be the sum paid to TIBILIS.COM per the invoice for the use of the Image involved.

DELIVERY OF DIGITAL IMAGES

Your purchased Image is available for download in “my Orders” page for as long as the Image is available for purchase, the site and our company still active and you haven’t ask us to delete your account. We strongly reccomend to download your image immediate after your purchase.

In order to deliver to you high quality illustrations, each Image has been saved and uploaded in our server in a high quality JPG format (10), at 300 dpi and RGB mode. Some images have additionally, an available size with the indication “XL+Vetor”, with this size selected from the drop doen menu, you can get online a JPG and a vector file too.

Certain images bear the indication “available in PSD file upon request”, or similar. While JPG files are immediately available through our online pricing system, for PSD or TIFF files you may contact Customer Service for technical specifications and a quote.

Certain images bear the indication “available in any size…”, or similar, or have on their keyword list the word “vector”, meaning that the JPG file has been designed using vector software. This indication, alone, does not mean that the buyer gets a vector file, for which you may contact Customer Service for technical specifications and a quote. In this case an AI or EPS file can be delivered.

Certain images are described as “no background” or “NBG”, or “easily removable background”, or similar. This indication means that buyer should have the necessary image editing software and technical skills to remove the background.

Image sizes in pixels as indicated in the price calculating system are accurate. Image sizes in inches, centimeteres or other are only indicative.

DIGITAL FILES ARE PROVIDED “AS IS.” TIBILIS.COM MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON INFRINGEMENT, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. TIBILIS.COM MAKES NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OF THE CONTENT, OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

The site allows you to download a facsimile of all Images at a lower resolution than the actual Image sold, and this facsimile Image bears the watermark of TIBILIS.COM. You have the right to use the watermarked Image as described above. However, the intended main use of the watermarked Images is for you to decide whether the actual Image is fit for the purpose intended. By agreeing to purchase an Image, you agree that you have downloaded the watermarked Image first and decided that the actual Image is perfectly suitable for the use described by yourself when purchasing.

Please pay particular attention to the watermarked Image, as purchases of an Image is final and irreversible. Due to the nature of electronic Images, all sales are final and you may not under any circumstances “return” an Image or get a refund. In case of a technical problem preventing you from downloading an Image for which payment has been received, please contact Customer Service and we will use our best efforts to facilitate delivery of this Image.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER LOCAL LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL TIBILIS.COM OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND AGENT SHALL BE THE FEE PAID FOR THE IMAGE TO AGENT.

PROTECTION OF IMAGES

Other than the above Permitted Usage, Images may not be used in any way, until an invoice indicating User’s right to use same is paid in full. Unless otherwise specifically stated, Images remain the property of Theodoros Timpilis or the particular illustrators. User does not acquire any right, title or interest in or to any Image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made there from other than as specified herein. Full credit and copyright information must remain with file. All rights not specifically granted herein to User are reserved for the particular illustrators’ use and disposition without any limitations whatsoever.

UNAUTHORIZED USE

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to at least ten (10) times the normal price we would have charged for such unauthorized use in the maximum size and license types, within ten (10) days of our billing such fee.

If you fail to timely make such payment, we shall have the right to sue for copyright infringement and/or breach of contract, for which we shall seek all damages and remedies available, including attorney’s fees and all associated costs.

RETENTION OF DIGITAL FILES

The relative Invoice-License must be retained with the digital files of the Images while you retain and/or using them.

You can store to your computer or any electronic and removable media the watermarked Image up to one year. TIBILIS.COM copyright information and Image identification number must be retained with the digital files while you retain and/or using them.

CREDIT

You should bear a credit line or link to www.tibilis.com whenever this is customary, possible, and appropriate.

Images used editorially, in merchandise, television broadcast, film, video, documentary should bear a credit line as indicated by TIBILIS.COM, in the format “© Stock Illustrations / www.tibilis.com” in a readable size.

Images used on internet in general should bear a credit line as indicated by TIBILIS.COM adjacent to Image in the format “© Stock Illustrations / www.tibilis.com” in a readable size. Where “www.tibilis.com” should be an active link to our site.

Receiving credit is a material aspect of the License Agreement for TIBILIS.COM. You agree to pay at least ten times the invoice amount if you do not provide such proper credit and copyright notice when such crediting is customary and appropriate.

If in any case you need TIBILIS.COM to grant you a waiver of such credit requirements please contact Customer Service. A waiver of such credit requirements shall be effective only after email or writing confirmation from TIBILIS.COM to you.

DISPUTES OR CLAIMS

Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be determined in the relevant Courts of Athens, Greece. This agreement, its validity and effect, shall be interpreted under and governed by the laws of Greece. If User of this contract is not domiciled in Greece, said User expressly agrees that any dispute regarding this contract shall be adjudicated in Athens, Greece in the manner described here. Copyright claims shall be brought in the Court having jurisdiction. User agrees to be subject to the jurisdiction of the Courts of Athens, Greece. If TIBILIS.COM is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.

MISCELLANEOUS

TIBILIS.COM reserves the right to change this agreement at any time, and you agree to be bound by such changes. If changes are made, an announcement will appear on the top of the agreement indicating the last updates date (the update notice will be displayed for at least one month). Please make sure to visit this page before your purchase, read and understand any such changes.

This agreement is not assignable or transferable on the part of User.

All prices are calculated and paid in Euros. Where prices in USD may be mentioned in the site, they are only indicative and aim to help buyers have an indication of the correspondence of the actual price to Euros. We suggest that buyers consult an independent site to verify currency values.

This contract contains all the terms of the agreement between us (TIBILIS.COM and User) concerning transmission, delivery, review and use of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us.

These terms and the terms of any subsequent invoice supersede any and all terms of the client’s purchase order. Any subsequent invoice issued may contain additional terms relating to the rights granted and the type of usage allowed.

If a User fail to complete correctly and accurately all necessary fields in the registration proccess (like Name, Address, Vat ID etc), the User’s license is not valid.

Time is of the essence in the performance by User of its obligations for payments.

All sales are final.

Payment of the invoice herein is to be net due upon receipt.

The payment will appear on your PayPal account statement with the name Theodoros Timpilis.

© Theodoros Timpilis. All rights reserved.