Terms of Use
Hobby agreement
The Hobby membership is intended for private individuals and hobbyists and allows the use of all of our photos exclusively for personal non-commercial projects. However, this membership allows you to post and showcase any of your own work based on our photos in web galleries.
This Agreement Between:
a) ................................................(known hereafter as the Artist)
of the one part, and
b) SmartNet IBC LTD (trading as www.human-anatomy-for-artist.com , Figure Drawing
and Pose Resource for Artists), of 60 Market Square P.O.Box 364, Belize City,
Belize (known hereinafter as the Licensor) of the other part.
1. LICENSE
1.1 On payment of the License Fee (this being
found at www.human-anatomy-for-artist.com , which may change from time to time),
the Licensor grants to the Artist a perpetual, worldwide, non-exclusive, license
to use the Products (these being hi-resolution photo files found at www.human-anatomy-for-artist.com
) and to adapt and modify them in any way the Artist so wishes for the purposes
given in Clause 1.3.
1.2 The Products are only licensed to the Artist
and are not sold.
1.3 The Products may only be used by the Artist for
the following purposes:
(a) Personal use
1.4 The Artist is not permitted under any circumstances
to:
(a) To use the Product for any commercial purpose.
(b) Provide any free download of the Products in any web site or electronic
devices.
(c) To resell the Product itself
2. PAYMENT
2.1 The Artist will pay a License Fee to the Licensor
for the License provided.
2.2 The Licensor will not be entitled to any
further payments other than the License Fee from the Artist regardless of how
the Products are used (in accordance with Clause 1.3).
3. WARRANTIES
3.1 The Licensor warrants and undertakes to
the Artist that:
(a) it has the right to enter into and perform this Agreement and to grant this
License
(b) it has separate agreements in place with all models who have agreed to the
using of their photos for creating 3D models, characters for games and any other
commercial or non commercial use
(c) the Products and service provided do not infringe the Intellectual Property
Rights of any third party.
(d) should the photograph capture an object, whose design shall be protected
by copyright or a third party's trademark, the Artist (the other contracting
party) acknowledges that it shall use such photograph in such manner, so as
not to infringe on the copyright or third party’s trademark in question. Should
the Artist (the other contracting party) act in violation of this provision,
it shall bear the related effects and consequences.
3.2 The Licensor shall indemnify (and shall keep
fully indemnified) the Artist from and against all costs, losses, expenses and
damages (including reasonable legal fees) arising out of or in connection with
any claim or claims that results in a breach by the Licensor of any of the warranties
set out in Clause 3.1.
3.3 The Artist warrants and undertakes to the
Licensor that:
(a) it has the right to enter into and perform this Agreement.
3.4 The Artist shall indemnify (and shall keep
fully indemnified) the Licensor from and against all costs, losses, expenses
and damages (including reasonable legal fees) arising out of or in connection
with any claim or claims that results in a breach by the Artist of any of the
warranties set out in Clause 3.3.
4. GENERAL
4.1 This Agreement is governed by the laws of Belize
and subject to the jurisdiction of the Belize courts.
4.2 Both parties shall keep confidential the terms
of this Agreement unless otherwise agreed in writing.
4.3 The Artist and Licensor are independent
contractors and nothing in this Agreement will be deemed to place the parties
in the relationship of principal agent, partners of joint ventures.
4.4 To the extent that any provision of this
Agreement is found by any court or competent authority to be invalid, unlawful
or unenforceable in any jurisdiction, that provision shall be deemed not to
be a part of this Agreement. It shall not affect the validity, lawfulness of
enforceability of that provision in any other jurisdiction.
4.5 The parties agree and intend to be bound by this
Agreement.
The Artist:
Signed:
Dated:
The Licensor: www.human-anatomy-for-artist.com SMARTNET IBC LTD
Signed: Richard Polák
Dated: