Content License Agreement

Our Content License Agreement outlines the rights and ownership details, and the permitted uses of the standard Royalty-free License.  

Please read this Content License Agreement (“Agreement” or “CLA”) carefully before downloading anything from www.artmopani.com (“Site”). This Agreement contains information regarding your legal rights, remedies, and obligations and constitutes a binding agreement between ARTMOPANI (“ARTMOPANI”) and anyone who makes use of the Site or any Content (“Client”). The Client acknowledges and agrees that by using or paying for any Content from the Site, the Client will be bound by all the terms of this Agreement and the Site Terms of Use. If you do not agree with any of the terms, please contact us direct at info@artmopani.com before downloading or using any Content from the Site.

For any general questions or concerns, please contact us at info@artmopani.com . Definitions relevant to this agreement can be found in Section 14.

1. Ownership and Limited Transfer

ARTMOPANI and/or its Content suppliers retains all rights to their Content, including copyright, title, and all other intellectual property rights. The Client agrees that, except for the rights expressly granted by ARTMOPANI under this Agreement, no rights in any Content are granted to the Client at any time.  

ARTMOPANI agrees to a limited transfer of granted rights between a Client authorized to purchase on behalf of another or between a Client and a third party, where the third party is integral to the creation of the final Work (for example, a printer, designer, or social media manager), provided those parties agree to the terms of this Agreement. If you have questions about whether an intended transfer falls within this limited right, please contact info@artmopani.com 

2. Grant of Sublicense

  • Standard License

    Subject to all terms of this Agreement, ARTMOPANI grants the Client a perpetual, worldwide, non-exclusive, non-transferable, and non-sublicensable license in the Content; and the Client may use the Content in the creation of Works and modify, reproduce, transmit, or display the Content. Without the written permission from ARTMOPANI, the Client may not allow the Content to be accessed by more than one user, use Content in a template or on-demand product, or for any other use not expressly granted in this section. For questions regarding use of Content or to clarify use details, ARTMOPANI encourages the Client to contact info@artmopani.com

    The Standard License allows use in:

    • advertising, editorial, and promotional projects, up to 500,000 hard copies. This includes but is not limited to promotional materials, product packaging, book covers, presentations, catalogues, magazines, or newspapers;
    • online, electronic, and mobile publications and applications for an unlimited number of impressions. This includes but is not limited to websites, e-book covers, online album or playlist covers, broadcast media, and mobile application or video game backgrounds or elements where the content is not contributing to the core value; or
    • any social media platform, but where no modification is made to the photograph or video, an attribution must accompany the social media post with specific mention of ARTMOPANI and/or the original Artist’s name. ARTMOPANI asks that you consider properly embedding Content or limiting the filesize of Content posted to social media as a best practice to protect the artist’s copyright.
    • For Extended License options, please contact info@artmopani.com 

3. Restrictions on Use

Without limiting any previously mentioned restrictions, the Client acknowledges and agrees that they will not do any of the following, unless Client has contacted info@artmopani.com and arranged specific terms in writing and signed by both parties:

  • sell, sublicense, assign, convey, share, or transfer any Content, in whole or in part, or rights thereto to any person or entity except as expressly permitted under this Agreement; or
  • sell or distribute Content or Work containing Content in any way that allows the Content to be extracted, accessed, or downloaded as a stand-alone file; or
  • use, reproduce, distribute, or display the Content in a way that is considered by ARTMOPANI or under applicable law, to be considered pornographic, obscene, infringing, or defamatory in nature or that would be reasonably likely to bring any person or property reflected in the Content into disrepute; or
  • download or store the Content or allow access on more than one computer or in a library or content-management system; or
  • use Content in a print run over 500,000 copies; or
  • use, reproduce, or distribute the Content in connection with any goods or services intended for resale or distribution where primary value lies in the Content itself; or
  • incorporate the Content into a trade, design, or service mark; business name; or logo; or
  • take any action in connection with the Content that violates any law, regulation or statute in an applicable jurisdiction; or
  • post Content that has not been altered on social media or use the Content in an editorial manner without the following credit adjacent to the Content in print or in credits for audio/visual productions, including a link to www.artmopani.com where technically feasible: “© [Name of Member] / ARTMOPANI”; or
  • use Content in any way that suggests or implies that any individual in the Content is personally endorsing any product, service, idea, or site, including but not limited to attributing quotes to or creating fake online profiles for an individual including promotion or marketing materials (for example, on political materials or dating apps); or
  • use the Content that includes an identifiable model in connection with a subject that would be unflattering, embarrassing, or unduly controversial to a reasonable person, without Client accompanying each use with a conspicuous statement that indicates that (i) the Content is being used for illustrative purposes only; and (ii) that the person depicted is a model. Such subjects include but are not limited to medical issues; or
  • use any Content that includes an identifiable model in a manner that depicts such person in a potentially sensitive subject matter; including, but not limited to actual or implied sexual activity, substance abuse and recovery, sexually transmitted infections, mental health concerns and disorders, abuse, abortion, promotion of tobacco use, or any implication that the model engages in activity that is immoral or illegal.

4. Releases

  • Each asset detail page lists the type and number of releases available for that asset.
  • Model and property releases are available to clients upon request, but all identifying information will be redacted to protect private information. 

5. Taxes

Client is responsible for any and all applicable taxes, customs, or duties imposed by any jurisdiction as a result of any license purchased by Client.

6. Payments and Pricing

  • Current pricing information may be found HERE.
  • Any invoice paid constitutes a binding agreement with ARTMOPANI.

7. Warranties and Disclaimers

  • Subject to all terms and conditions contained in this Agreement, ARTMOPANI represents and warrants that, to the best of its knowledge, the use by the Client of the Content as provided and as authorized in this Agreement will not infringe or violate the intellectual property rights, publicity rights, or privacy rights of any third party.
  • Except as set forth in this Agreement, the Content is provided “as is” and ARTMOPANI makes no further representations or warranties as to the Content, including as to the accuracy of titles and descriptions.

8. Indemnification and Limitations

  • Subject to the provisions below, the Client agrees to defend, indemnify, and hold ARTMOPANI and its directors, members, licensors, and (sub)licensees (collectively, “Indemnitees”) harmless from all claims, damages, liabilities and expenses (including reasonable legal fees) arising from:
    • the Client’s breach of any warranties or obligations under this Agreement, and
    • from any and all uses of the Content by the Client resulting from the Client’s modification of the Content, the combination of the Content with any other work(s), and the context in which the Content is used.

9. Termination

ARTMOPANI may terminate this Agreement at any time without notice if Client fails to comply with any provision of this Agreement. Upon termination, Client must cease use of any Content and delete Content from any of Client’s computers or systems. ARTMOPANI realizes that in some cases, removal of content will not be possible. Termination will only be used as a last resort.

10. Severability

If any provision contained in this Agreement is found to be invalid, illegal, or unenforceable in any respect; the validity, legality, and enforceability of the remaining provisions will not be affected. Such provisions will be revised only to the extent necessary to make them enforceable.

11. Waiver

No action by ARTMOPANI, other than express written waiver, may be construed as a waiver of any provision of this Agreement. No action by Client, other than express written waiver approved, in writing, by ARTMOPANI, may be construed as a waiver of any provision of this Agreement.

12. Changes

ARTMOPANI reserves the right to modify these terms as needed from time to time. Unless ARTMOPANI determines a change that alters the material understanding of how the Client may use the Content, ARTMOPANI will not be obligated to notify Client of minor changes.

13. Entire Agreement

This Agreement contains all the terms of the license agreement and no terms or conditions may be added or deleted unless made in writing and signed by an authorized representative of each party. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by the Client, the terms of this Agreement will govern.

14. Definitions

  • Agreement: this Content License Agreement, which governs the licensing and use of any Content available on the Site or otherwise affiliated with ARTMOPANI, and which may only be modified by an agreement in writing and signed by both ARTMOPANI and the Client;
  • Asset: any single photograph, video, or other digital media available to license from the Site or through ARTMOPANI directly;
  • Asset Detail Page: a page on the Site showing one asset and that asset’s details, including title, description, keywords, presence of any releases, and all other asset-specific material;
  • Client: any individual, entity, or agency using the Site to purchase sublicenses for Content;
  • Content: a collective term that includes any or all of the individual assets making up the ARTMOPANI collection;
  • Editorial: any content used for a non-commercial purpose, such as to provide context or illustrate an idea; often found in newspapers and blogs. All Content from ARTMOPANI may be used editorially;
  • License: payment in exchange for limited use of a copyrighted asset;
  • Member: an individual who has been accepted as a contributing artist at ARTMOPANI, and who provides Content to the site under Member Agreements. Members, by uploading Content to ARTMOPANI, authorize ARTMOPANI to grant sublicenses to such Content for use by Clients;
  • Promotional: not intended for sale, sublicensing, or other form of distribution in exchange for payment;
  • Resale/Distribution: the sale or distribution of any item or object that makes use of licensed Content as primary content;
  • Royalty Free: a licensing category where a Client pays a one-time fee in order to use the Content any number of times. All of ARTMOPANI’s license options are royalty free. Note that royalty free does not mean use is unrestricted; please see Sections 2 and 3 for details;
  • Site: the website found at www.artmopani.com containing Content for license and any affiliated sites;
  • Template: any pre-designed format or structure which may be customized by the individual user by replacing generic elements of the format or structure. Templates include but are not limited to turn-key websites, pre-formatted emails or newsletters, mobile app templates, or blog or CMS themes; and
  • Work: an original, finished product created by a Client and incorporating the licensed Content along with other materials.
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