License Agreement

 

CHAPTER A

In the following tables you can find the permitted and non-permitted use of content. For further details please read the full text of the Licencse Agreement.

 

Allowed Services / Use of contentStandard LicenseExclusive License
     
Audio / AudioVisual Content    

Pure Playback - background "on-hold" music for telephone system and/or background display / presentation in a public setting such as bars, restaurants, retail locations, theaters, public transport, sea liners and other public areas

   

Syncing Audio / Video - in audiovisual productions or projects, movies, commercial spots, tv programs, voice overs etc.

   

Web media Presentation - YouTube, Vimeo, etc.

   

Unlimited Distribution of projects containing Y53 content such as cd / dvd copies, online views / clicks etc.

   

Processing & Editing - non destructive processing and/or editing in order to adapt the content to your projects’ needs.

   

Application / Video Game - use of content in applications or video games as ambience, special effects, scoring for interactive media, background display, tutorial purposes, website content etc.

   

Theme Adaptation - use as main theme for company / brand logo, product / merchandise advertisement or as movie / audiovisual project theme

   

Unlimited Number of Projects in which you can use the purchased content.

   

Media Content Exclusivity - the content will not be available for other customers or licensees

   

 


 

Allowed Services / Use of contentStandard LicenseExclusive License
     
Image & Graphics Content    

Public Display / Presentation - use of the image content as a poster in your place, working store etc - in your mobile device, laptop, pc, as desktop background or other uses - demonstration via projection or photo book media in public - etc 

   

Adapt into projects - in audiovisual productions or projects, movies, commercial spots, tv programs, books, posters, wish cards, fairytales or other printed material etc.

   

Web media Presentation - YouTube, Vimeo, Facebook, Instagram etc.

   

Unlimited Copies / Distribution of projects containing Y53 content

   

Processing & Editing - non destructive processing and/or editing in order to adapt the content to your projects’ needs.

   

Application / Video Game - use of image content in 3D animations, games, virtual environments, application backgrounds, websites etc.

   

Theme Adaptation - use as main theme for company / brand logo, product / merchandise advertisement or as movie / audiovisual project theme

   

Unlimited Number of Projects in which you can use the purchased content.

   

Media Content Exclusivity - the content will not be available for other customers or licensees

   

 


 

Forbidden Services / Use of contentStandard LicenseExclusive License
     

Sell the Content purchased as a standalone file. The License Agreement only permits the Licensee to use the purchased Content within a specific project or work.

   

Modify or otherwise alter the Content in a destructive way

   

Use of a whole piece of content or partial use as sample for the creation of a new product of the same type (e.g. use a sample of a drum loop to create a new drum loop product, or a photo cut to create a new photo product)

   

Create a new pure product by altering or processing or editing the purchased content. For example, desaturate an image and sell it or use it as yours, without a license

   

Use the purchased Content in general content or associate it with content that is defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, pornographic or illegal and does not comply with the standing legislation (national, European and international)

   

Use the purchased Content in general content or associate it with content that may infringe intellectual property rights of others such as Copyright, Trademarks, trade secrets, patents or may harm the right of privacy or any other right of any party

   

Use the purchased Content in general content or associate it with content that is unlawful or encourages or supports illegal activities

   

Use the purchased Content in general content or associate it with content that invades privacy of the others, collects personal data etc.

   

Present yourself as the author of the specific licensed Content.

   

Use the purchased Content in general content or associate it with content that competes with Y53’s activity and interests

   

 

 

GENERAL RULES FOR ALL KINDS OF LICENSES

Y53 – Ermis Kontoudis ("Y53") owns, controls, and provides access to the Y53 website, at the URL: www.y53.gr and related properties and / or subdomains (the "Website"). 

media.y53.gr (subdomain of www.y53.gr) is a digital library where you can find Images, Audio and Audiovisual works (Images, Audio and Audiovisual Works altogether may be mentioned herein after as "Content"). This Content is licensed to you under the specific terms and conditions as described below, for specific uses and under payment of a fee. Y53, as a supplier of stock Content, functions like a online digital vendor offering non-exclusive (Standard License) or exclusive (Exclusive License) licenses authorising respectively specific uses of the content.

Apart from the present "License Agreement" you need to conform to our "Privacy Policy" and “Terms of Use” of the present Agreement, otherwise you will not have access to our Services. 

Y53 reserves the right to modify the terms and conditions of the "Terms of Use" and/or of the present "License Agreement" and/or of the "Privacy Policy" or alter or end its Services at any time at its sole discretion. The updated "Terms of Use" and/or the "License Agreement" and/or the "Privacy Policy" will be published on our Website under the appropriate section. 

If you have already purchased a license in order to use specific Content you are bound by the terms of the "Terms of Use" and/or "License Agreement" which was in force the day of the purchase. The new "Terms of Use" and/or "License Agreement" shall apply from the moment you will ask for a new Service from Y53. If you wish to make a new purchase you will have to check again the terms of the "Terms of Use" and "License Agreement" as they may have changed from your last purchase.

Bear in mind that in order to access the above-mentioned services of Y53 you need to REGISTER and create your OWN ACCOUNT. The name and further details declared at the ACCOUNT must be identical with the name and further details such as of the holder of the bank account or credit card. As Licensee will be named and considered the natural or legal person whose name and data appear on the Account. The details of the Licensee must be the same with the details of the Bank Account or credit card. The billing address must be the same with the country of residence of the natural person or the seat of the legal entity (and not the address of a branch); based on this address the VAT will be calculated. Make sure that you keep the invoice proving payment for the use of the specific Content, as the License Agreement is valid only if it is accompanied by the Invoice.

 

PARTIES OF THE LICENSE

This is a License Agreement between from one side Y53 and from the other side you, if you are acting on behalf of yourself. In case you are acting as an agent on behalf of your employer or as a representative of another legal entity that you are representing, then the License Agreement binds your employer or the legal entity and it is only the employer or the legal entity that is allowed to use the content purchased, as described under the terms and conditions of each license. If you are acting on behalf of a client then the License Agreement binds your client; in this case you declare that you have full authority to bind the client. The natural or legal person who acquires the license is the only one entitled to use the Content purchased, is the one that will be named as a Licensee and should be the same person who holds the Account. Nobody else has the right to use the Content purchased, apart from the subcontractors of the Licensee who involve in the production or distribution process; this subcontractor is also bound by the terms of the present License Agreement. In case you are acting as an employee be extra cautious and declare at the account the data of the Company or your employees and not yours! The data declared at the account must be accurate; only the natural person or legal entity whose name and other details appear on the license will be authorised to use the purchased content as defined within the present Agreement. 

 

TYPES OF LICENSE AGREEMENTS

Y53 offers you two types of licenses ("Standard License", "Exclusive License") depending on one of the three types of Content ("Audio", "Audiovisual", "Image") that you want to license: 

The present Terms apply to all Licenses except if specific terms provide differently. Each license is subject to different terms and conditions and has a different price. More specifically, in case of a Standard License the same Content may be purchased and used by more than one client. On the other hand, in case of an exclusive license there will be one and only licensee who will be entitled to use the Content.

It is possible that specific Content, when it is released for the first time, is offered under an exclusive and a non-exclusive license at the same time. In this case, if the first purchaser chooses the nonexclusive license, then, automatically, the exclusive license will not be offered any more. Vice versa, if the first purchaser choses the exclusive license the nonexclusive will stop being offered.

Bear in mind that this License is valid only under the condition that it is accompanied by the respective invoice proving payment of the corresponding price for the use of the specific Content, as mentioned on the invoice. If you are asked to do so, you should be in position to demonstrate / present/ show / certify the license and the invoice. Keep in mind that the licenses maybe modified; in this case you will not be able to find the license uploaded. For this reason, we advise you to print the license version that you have been granted along with the invoice.

You agree that the license is personal to you and that you will not further assign the Content Licensed. If you are requested to do so, you should provide Y53 with the copies of your Projects or derivative works where the work has been incorporated.

 

INTELLECTUAL PROPERTY RIGHTS

The past, present and future content of the Y53 Service, including without limitation, copyright works or content protected by intellectual property Law such as images, audio and audiovisual works offered from our Services as well as any material protected by Copyright or Intellectual Property Law related to the "Content", are the property of Y53. No rights in or to the Content are granted to you. The license is limited to the uses described under the present terms.  All rights not expressly granted in each License Agreement are reserved to Y53. The rights on the Content are under no circumstance transferred to you. This means that you may not register this Content either separately or incorporated in another work to a Collective Management Organisation and you may not claim any royalties collected by a Collective Management Organisation for the uses of the Content as embodied in your work (for example for photocopying or other secondary uses).  

 

NOT PERMITTED USES

You are not allowed to sell the Content purchased as a standalone file. The License Agreement only permits the Licensee to use the Content purchased within a specific project or work. 

You are not allowed to modify or otherwise alter the Content in any way. For media type specific terms please refer to Chapter A of the present agreement. 

You are not allowed to use the purchased Content in general content or associate it with content that: 

  1. Is defamatory, fraudulent, deceptive, racial, abusive, threatening, harassing, pornographic or illegal and does not comply with the standing legislation (national, European and international), 
  2. May infringe intellectual property rights of others such as Copyright, Trademarks, trade secrets, patents or may harm the right of privacy or any other right of any party. 
  3. Is unlawful or encourages or supports illegal activities
  4. Invades privacy of the others, collects personal data etc.
  5. Competes with Y53’s activity and interests
  6. When you are using an image that depicts a person or proprietary content of any nature (for example a house etc.) you should make sure that the use of the image is made in a way that does not insult the depicted person or owner of the property. For example, you may not use the picture of a person for political campaigns or other campaigns of medical content (for example sexually transmitted diseases).
  7. Present yourself as the author of the specific licensed Content.

LICENSE TERMS

The present License permits you to incorporate the Content into one Project or Derivative Work. This means that you may create a new derivative work incorporating the Content that you have purchased and you may reproduce or present this Content as incorporated in the specific new derivative work / project as many times as you wish but only within this specific project / work. If you wish to reuse the Content for a second time and incorporate it in a different Project / Derivative Work, you must acquire a new license. For example, let’s suppose that you have purchased a "Standard License" to use an Image by incorporating it in an advertisement. By incorporating the Image in the advertisement, you have "exhausted" your license, meaning this is the use that you decided to make with the Image and you are not permitted to reuse it in another Project. Should you wish to reuse the Image by incorporating it in another advertisement, even slightly different than the first one, you must acquire a new license. This applies to "Standard License", "Exclusive License" licensees may use the same purchased content in several projects / works.

You are licensed to reproduce the Content within the specific Project or Derivative Work you have decided to incorporate it in, as many times as you wish. This means that the Image you decided to incorporate within the advertisement (example mentioned in the previous paragraph) you may reproduce this advertisement in as many brochures as you wish. If you wish to incorporate an Image within a professional card, you may print it as many times as you wish. But you are not allowed to use this Image as your registered or unregistered trader or other distinctive sign that may lead to monopolise the Content. 

You are not allowed to modify, alter or otherwise process or use the Content in a destructive way.

When using the Content (Image, Audio or Audiovisual), you should always include a credit to the content or in production credits.  The credit should include the name of our Company "Y53 – Ermis Kontoudis" as well as the name of the author of the Content as it appears on our website. For example, if you are using an Image, credits should be included under the picture or at the end titles, bibliography or contents.  If you are using Audio or Audiovisual Content you should include a credit on the production credits etc. 

In case you have acquired a "Standard License", you cannot incorporate the image into a Logo or a Trademark. To be able to do this you need an "Exclusive License". 

For every Content that you are purchasing a license (Image, Audio or Audiovisual) corresponds one file located in our Server. The link that will permit you to download the link will automatically appear just after you have completed the payment. By clicking on that file, the download process of the Content will begin. For every purchase that you effectuate you will be given the possibility to download the file maximum two times. If for any reason you don’t manage to download the file within these two times, you will have to contact Y53 in order to give one more chance to download the file or send it to you otherwise, such as by FTP.

 

PREVIEW FILES

For your convenience, the Content is provided in most cases in Preview Files. If such Preview File exists it will appear in the "Files" tab of the product page and you will be able to download it. As you understand, these Preview Files are protected by watermarks, to protect it from illegal use. In some cases, Preview Files may be offered only for some part of the Content such as the first two minutes of a five-minute musical piece and their quality may be intentionally degraded (e.g. Compressed file). Preview Files may be used only for personal, nonpublic use. You may not publicly use these files for any reason, commercial or not, without acquiring a license. 

 

SPECIFIC TERMS REGARDING AUDIO AND AUDIOVISUAL CONTENT

In some jurisdictions, the law provides for the obligatory payment of a fee to Collecting Societies for the use of Audio or Audiovisual content. In such cases Collecting Societies may ask for the payment of a fee for the public performance of the Content. Licensee agrees to submit to the Collective Management Organisation operating within the territory where the Work is being performed all relevant information in order for the Collective Management Organisations to be in position to monitor and administer the rights.

 

BILLING TERMS

1. Pricing

Y53 license prices corresponding to the use of the Content are indicated clearly on the every product list page and on each and every individual product page. VAT may be added to the fees mentioned in the price list, pending on your location (residence or seat). The listed prices on our site does not include 24% VAT; the VAT changes according to the customer's location. On our site in the "Check Out" area you are able to verify the net values of the purchased Content before Completing the payment.

Y53 reserves the right to change the prices and charge differently for its Services. In such event the new prices will be posted on our website.

On our website, and for promotional reasons, there will be available, occasionally, free content. In order to have access to this content you have to be a fully registered and verified customer of Y53. This Free Content will comply with the same licensing Terms and Conditions as the rest of our stock media. 

Our loyal customers may also benefit from other promotional activities such as the "Discount Coupon". Discount Coupons will have the form of an alphanumeric code, which must be registered before the purchase is completed, in the shopping cart and more specifically in the "Promo Code" field. The Discount Coupon may be obtained by getting in touch with our Company via email.

Quantitative discounts may also be available for specific products regarding the possibility to use the same Content in different Projects (Standard License). Such discounts will appear on the product page of the offered Content.

Our company has the right to change the prices of the Content offered for use as well as the nature and the period of validity of the offers without notice.

The currency in which the transactions will be made is Euro. The respective rates will be determined by PayPal. Our page may provide the prices in different currencies but our Company is not liable in case there are differences between our page and PayPal page. In any case, the exact amount to be paid by the Customer is the one that appears on PayPal page before payment. 

 

2. Payment process

The customer must comply with and use only the available payment methods, as defined by our company and stated on our website. You may only enter this Agreement and use the Content offered under the terms and conditions described under the License Agreement and after payment of the price, if you are considered capable of entering into an enforceable contract in the applicable jurisdiction. You agree to pay in full the prices for any purchases you make.

Our Company is not responsible for any charges or taxes to be applied by Paypal to the customer. More specifically, for each payment, you, the customer, are redirected to the Paypal page from where you complete the payment to our company. Then, you will automatically return to our page, where you will confirm through your ACCOUNT that you have made the payment and that you have paid for the use of the Content. If for any reason, the Payment does not appear at your account, then Y53 will check the amount paid and then activate the Content for which you made the payment. In this case, small delays cannot be excluded. The time that will be needed to resolve this issue cannot be defined in accuracy, as this matter relates to the Bank System and not Y53. Once the payment appears at our Company’s Bank Account, the activations of the Content will take place within a maximum of 3 business days. For more information on payments processed through PayPal please check with the PayPal Terms, Conditions & License Agreement. 

Any Additional credit or debit charges that may incur due to the transaction will be paid by you and not by Y53. 

Y53 does not store the data inserted by you in relation to the number of the card or the card security code verifying the authenticity of the card (for example CVV/VISA or CVC/MC). The service provider collaborating with Y53 controls the data inserted and informs electronically Y53, for the approval or the rejection of the transaction. 

In case a transaction is rejected, irrespectively of the reason of the rejection (which could be for example default on overdraft, failure of the system of the payment service provider or of the Bank issuing the card) you must ensure the payment, otherwise the License will be revoked and the use of the Content will not be permitted and Y53 is entitled to claim damages. 

 

3. Invoices

Invoices will be sent to the e-mail that you have indicated at the registration process. For that reason, please make sure that you have registered your current e-mail. The billing address must be the same with the country of residence of the natural person or the seat of the legal entity (and not the address of a branch); based on this address the VAT will be calculated.

 

USERS WARRANTIES AND INDEMNIFICATION

In addition to any other representations and warranties contained herein and in the "Terms of Use", you represent and warrant that: 

  1. you have full right and power to enter into and perform the present agreement 
  2. you are of the age of majority and have the full and complete right to agree to the terms contained herein
  3. you will abide by all the obligations and rules of the present agreement.

You hereby indemnify and hold Y53 harmless and agree to defend against any third party claim or action brought against Y53 or any of its parent, subsidiary or affiliated companies, from and against any and all claims, actions, losses, liabilities, damages, costs and expenses (including legal fees and costs) arising out of or in connection with any claim(s) that would constitute a breach of any warranty, representation, covenant or agreement made by you in this agreement and/or the "Terms of Use" and/or the "Privacy Policy", and/or any violation of any rights of third parties.

 

Y53 WARRANTIES

Y53 warrants and represents that has been granted all necessary rights and is entitled to perform this Agreement. The use of the content does not infringe the exploitation rights of the authors. You should however keep in mind of the SPECIFIC TERMS REGARDING AUDIO AND AUDIOVISUAL CONTENT.

 

Disclaimer

Without limitation of anything else set forth in the present License Agreement and the "Terms of Use" and the "Privacy Policy", you understand and agree that Y53 further limits its liability in connection with your use of its Content as set forth below: 

The Content made available on or accessed through or sent from the website, are provided "AS IS," "as available, " and "with all faults". Y53 is trying to build the best service for its users, however, it cannot guarantee the uninterrupted or error-free function of the Website or that the defects will be corrected or that it will be free of viruses. Therefore Y53 does not warrant that Content contained therein will be uninterrupted or error-free; that defects will be corrected; or that the Properties or the servers that make them available are free of viruses or other harmful components.

Under no circumstances shall Y53, its parent, subsidiaries, or affiliates or the directors, officers, employees, or other representatives of each of them, be liable to you for any loss or damages of any kind, including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to the Content, the use of, inability to use, or performance of the Content or features thereon, any action taken in connection with an investigation by Y53 or law enforcement authorities regarding your use of the Content, any action taken by Collective Management Organisations (such as AEPI, SACEM), any errors or omissions in the technical operation. 

Y53 is not responsible for any damage to any user's computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

Y53 has made reasonable efforts to ensure accuracy of the keywords and descriptions of the Content, however, Y53 makes no warranties regarding the Keywords and description of the Content and shall not indemnify or have any liability in case a keyword or description is not correct.

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Y53 acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, property, product, program, or other audio content owned or controlled by Y53.gr and/or its parents, subsidiaries, and/or affiliates or your upload information, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Y53.gr web site, services, properties, product, program, music, or other audio or other content or your upload information or any and all activities or actions related thereto.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Y53 EXCEED THE AMOUNT YOU HAVE PAID FOR THE CONTENT. 

Y53 disclaims any liability in case any user does not conform to all of the obligations-restrictions mentioned anywhere within the present agreement and/or the Terms of Use and/or the Privacy Policy. 

 

TERMINATION

Y53 reserves its right to terminate at any time your account and suspend access to its Services in case of any breach of the present agreement which may impose liability upon Y53. In this event you should immediately stop using the Content (no matter in which form you are using the Content, eg. Platform, website), delete or destroy any copies/reproductions of the Content used.

 

INDEMNIFICATION AND LIABILITY

Under the condition that you have been using the Content in accordance with the terms of the present License Agreement and that you have not breached the License Agreement, Y53 will defend, indemnify and hold you harmless in respect of a third party claim directly attributable to Y53 for breach of the warranties as defined above.

However, in case you have proceeded with modifications of the Content and damages, costs or losses arise out of these modifications the indemnification clause will not apply. Y53 will not indemnify you in case, although you were informed that the use of the content is infringing and you should stop using it, you decide to continue its use.

You must promptly notify Y53 in writing of any claims or threatened claim in order to be able to ask for indemnification.

 

PRIVACY POLICY

Registration data and certain other information about you are subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal data and other information about you will be handled. By accepting the present "License Agreement" and the "Terms of Use" you are also accepting the terms of the "Privacy Policy", which is incorporated herein.

 

MISCELLENEOUS

In case any of the provisions of this Terms of Use is found to be invalid, it shall not affect the validity of the other provisions that will remain in force.
The Parties have agreed to all of the terms and conditions contained in this Agreement, additionally to the "Terms of Use" and to our "Privacy Policy".

 

GOVERNING LAW - JURISDICTION

The present "License Agreement" and its interpretation shall be governed by and construed in accordance with the Greek Law and the parties consent to the exclusive jurisdiction of the Courts of Athens.