Updated on 12th April 2022
South of France Media ('us' or 'we') operate the SOF Colouring Book App offering the opportunity to add colour to the lined drawing versions of our original photos ('content'). This is a legal agreement between you, your company or organisation ('you' or 'the user') and South of France Media determining how you can use the content on the SOF Colouring Book App owned by South of France Media. For purposes of this agreement, 'use' means to copy, reproduce, modify, edit, display, broadcast or publish.
By using the SOF Colouring Book App ('our app'), SOF.photos ('our website') and all of our related websites, software, mobile apps and other services ('our service') you agree to have read, understood and be bound by the terms of this Agreement.
To use our service you must agree not to use our content in any way that is not permitted by our Terms and Conditions.
No ownership or copyright of our original photos shall pass to you by using the SOF Colouring Book App.
Restrictions and Conditions
a) You must not use our original photos to create merchandise or products for resale or distribution. This means you may not use our content to create items such as posters, calendars, postcards, screensavers, digital wallpapers, t-shirts, mugs or similar items. Content may not be used for the creation or sale of 'On Demand' or 'Made to Order' products through custom designed product websites.
b) The content may not be used in outdoor advertising, such as billboards, street furniture and digital advertising screens.
c) The content may not be used in TV or films.
d) You may not resell or sub-license, digitally or in print form, our original photos.
e) The content may not be distributed in a way that would allow any third party to download, extract, access or redistribute the image as a standalone file.
f) You may not share or distribute our original photos in any way that would let others use the content.
If you are unsure, we recommend you seek legal advice.
1) Unlawful Usage
You may not use any of our content in a way that is defamatory, pornographic or otherwise unlawful, immoral or in violation of any law, statute or regulation. You may not infringe any third party's copyrights or other intellectual property rights.
Any content that depicts models and/or property in connection to a sensitive subject that would reasonably be considered to be unflattering, immoral or controversial must be accompanied by a disclaimer.
2) Commercial or Editorial Use
You may not use any of our content for any commercial use, including any promotional, endorsing, advertising or merchandising purpose.
Unless you have additional written permission from us, you must not use our original photos in electronic or digital templates intended for distribution or resale, including website, business card and brochure design templates.
No ownership, copyright or licence of any of our content shall pass to you by downloading the SOF Colouring Book App. Our content is non-transferable and must not be licensed, shared or resold.
If requested, you must agree to provide us with sample copies of projects that contain our content including free of charge access to any website or platform, where content has been used.
5) Client or Employer
If the content is used as part of your client or employer's project you must ensure that they abide by the terms of this agreement.
You may not falsely claim that you are the author or copyright owner of our original photos.
No interest in the copyright of any content shall pass to you by virtue of this agreement.
You must promptly notify us of any actual or suspected copyright infringement of any content that you have licensed occurs.
The content may not be distributed in a way that would allow any third party to download, extract, access or redistribute the image as a standalone file. You may not share or distribute the content in any way that would let others use the content without licensing it themselves.
You may allow subcontractors, such as a print company to use content as part of your final project. You must ensure that these subcontractors agree to be bound by the terms of this agreement. Subcontractors must not use the content for any other purpose.
8) Online Use
a) South of France Media own all of the original photos in the SOF Colouring Book App.
b) Our original photos must not be sub-licensed or resold.
c) Our original photos may not be distributed in a way that would allow any third party to download, extract, access or redistribute the image as a standalone file.
d) You may not share or distribute the our original photos.
e) Our original photos must not be used on any social media platform or other third party website that uses or intends to use the content for it's own purpose or in any way that breaches our terms.
f) You must promptly notify us of any actual or suspected copyright infringement occurs of any of our original photos.
9) Withdrawal of Content
South of France Media may, if necessary, withdraw content without prior notice or justification.
a) You must satisfy yourself that all necessary rights, releases and consents which may be required for your proposed use of the content are obtained and that the use of any content is not obscene, indecent, libellous or unlawful.
b) You must acknowledge that South of France Media gives no warranty or undertaking that any such rights, releases or consents are, or will be, obtained in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any content. You are solely responsible for obtaining all such releases, consents, licences or permissions. You must not rely on any representation in this connection which may be made on our website and may only rely on an express representation given specifically to you by us in writing.
In the event that you use the content without obtaining the necessary releases or consents then you shall indemnify South of France Media against any loss, damage, proceedings or costs.
c) You must not incorporate our content as any part of a trademark, business name, service mark or logo.
11) Electronic Storage
You must ensure that the content is protected from unauthorised use by third parties.
a) The South of France Media service and content is provided on an 'as-is' and 'as available' basis. We specifically disclaim all warranties of any kind, including the implied warranties of merchantability, satisfactory quality or fitness for a particular use. We do not guarantee or warrant that the service will be uninterrupted, secure, free of errors or harmful components.
Due to the nature of server provision, possible downtime and routine maintenance, we advise you to keep a copy of the details of your purchased content.
b) South of France Media do not warrant the accuracy and correctness of the captions, titles, keywords, locations, dates, metadata or any other information associated with the content. You must satisfy yourself that all such information is correct.
c) South of France Media offer a search facility within the Site. We disclaim any responsibility for the completeness or accuracy of any directory or search result.
13) Use of Our Service
You may not use the service or any of the content for any purpose not related to your business with South of France Media.
You are specifically prohibited from:
a) Downloading, modifying, editing, copying or re-transmitting any or all of the site.
b) Using any data mining, robots or similar data gathering or extraction methods.
c) Manipulating or otherwise displaying the site or the content by using framing or similar navigational technology.
d) Registering or attempting to register for our service if you are not authorised to do so.
e) Reverse engineering, altering or modifying any part of the site or our content. You must not use content for any form of 'Machine Learning' such as 'Artificial Intelligence' or any form of 'Biometric Technology'.
f) Circumventing, disabling or otherwise interfering with security-related features of the site or any system resources, services or networks connected to or accessible through the site.
g) Selling, licensing, leasing or in any way commercialising the site or our content without specific written authorisation from us.
h) Using the site or our content other than for it's intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.
You agree to defend and indemnify South of France Media, it's directors, employees and content contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising from you or someone acting on your behalf, using content in breach of our terms or failing to obtain any required releases or consents for your use of our content or using the content in a manner which infringes the rights of a third party.
15) Limitation of Liability
South of France Media, it's owners, directors and employees shall not be liable to you or to any other person or entity for any general, indirect, punitive, special, consequential, incidental damages, costs or lost profits or data, tort, including but not limited to negligence or otherwise arising out of this agreement or by any other damages, costs or losses suffered due to the use of our website, content or service.
16) Printed Products
The art prints, framed prints and printed photo goods are defined as bespoke and customised goods. The print, frames and printed goods are made to order according to your chosen options for size, paper type, material, content, frame type and colour. Under the Consumer Contracts Regulations these goods do not attract the cancellation rights that typically apply to a distance contract.
Our custom Printed Products are for personal use only. No commercial use is permitted. Purchasing for resale is prohibited. You may not purchase Printed Products from us as a reseller or in order to set up a retail store, sell online, through a website or in any other way. The Buyer is aware that our Printed Products are subject to copyright and may not be reproduced, modified or commercialised in any way.
When ordering goods from South of France Media for delivery overseas you may be subject to import duties and taxes that are levied once the goods reach the specified destination. Any additional charges for customs clearance must be borne by you. We have no control over these charges and cannot predict what they may be. Customs policies vary from country to country, so you should contact your local customs office for further information. Please also note that when ordering from us you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.Your privacy is important to us and we know that you care about how information about your order is used and shared. International customers should be aware that cross-border deliveries are subject to opening and inspection by customs authorities. Delivery times can be affected due to packages being inspected by customs.
We will only disclose your information to our service providers and agents to fulfil your specific orders for goods or to contact you in case of difficulty in processing an order. We will only do this where it is necessary for the conclusion or performance of a contract between you and us.
18) Privacy & Data Protection
South of France Media are committed to safeguarding your privacy and personal data.
19) Legal Information
a)These terms and conditions and any licence granted shall be governed by and construed in accordance with English law. All transactions to which these Terms and Conditions apply and all matters connected therewith will also be governed by English Law. You irrevocably agree that the courts of England are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions and any licence granted under them. If, as a result of any breach of our terms, we are required to enforce our rights, you agree to indemnify us in respect of all reasonable legal fees and costs incurred by us.
b) You agree to be fully responsible for all taxes imposed on you as a result of you purchasing a licence or your use of the licensed content.
a) The terms of this agreement may be modified or updated at our discretion. We will indicate at the top of this page the date that the terms became effective. Your use of our service constitutes your acceptance of our terms and conditions. In the event of any inconsistency between the terms of this agreement and the terms contained in any communication between us, the terms of this agreement will apply.
b) If any clause of this agreement is found to be invalid or unenforceable, that will not affect the validity of any other clause.
Laws on this subject vary around the world so it is your responsibility to determine what releases and permissions are needed.
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