License Agreement

“Customer”, “client”, “You”, “you”, “your” “yours” means a person who orders Product(s) via this Website;

“Product(s)” , “item(s)” or “good(s)” means any products listed as shopping items on this Website;

“Digital good(s)”, “digital products” means products that are stored, delivered and used in its electronic format. Digital goods are shipped electronically to the consumer through e-mail or downloaded from the Internet;

“Seller”, “we, “us”, “the company”, Cymellia, Cymellia Pictures means “Cymellia Limited”;

“Website”, “this Website” , “the Site”, "our shop", "Cymellia Shop", "Cymellia Pictures shop" or “the shop” means www.cymellia-pictures.me .

“Music” means any musical composition and any recording containing sounds or a series of sounds.

“Picture(s)” means still photograph, images, vectors, drawings, graphics and other type of visual art.

“Display pictures” means the pictures on www.cymellia-pictures.me which purpose is to showcase the pictures available for purchase.

A. License agreement for pictures :

Part 1 : licensing conditions :

Cymellia grants you a non-exclusive, non-transferable right to use, reproduce and modify pictures within the limitations set below.

1. A standard license grants you the right to use pictures for your private, non-commercial use, within the following limitations :

– Printed in physical form for a decorative purpose for your own private use.

– As a digital reproduction used on your non-commercial website or blog, in your non-commercial videos, as a non-downloadable header or profile picture for your non-commercial social media account.

– The present license does not allow you to share (that is to say, post or distribute) the unmodified picture on social media. You are allowed to share the modified picture on social media (as a background image for fanart, as a background image for any non-commercial purpose, within the limitations described in part 2 of the present license agreement).

– As a digital reproduction for your non-commercial email campaign or newsletter.

– Printed on physical form for your non-commercial mailing campaign.

– Printed on physical form in non-commercial documents (such as : school presentation, graduation dissertation)

2. A commercial license grants you the right to use pictures for commercial use, within the following limitations :

– In any manner permitted by a standard license.

– As a digital reproduction on websites.

– In advertising.

– As a non-downloadable header or profile picture for your commercial social media account.

– The present license does not allow you to share (that is to say, post or distribute) the unmodified picture on social media. You are allowed to share the modified picture on social media (for example, as a background image of an advertising picture for any commercial purpose).

– As a digital reproduction for your email campaigns or newsletters.

– Printed on physical form for your mailing campaign.

– In commercial videos. (Which includes promotional videos, videos posted on video sharing websites).

– Printed in physical form as part of your product packaging and labeling, your business cards, billboards, CD, DVD, VCD, cassettes and digital cover art, in magazines, newspapers and books.

– As a digital reproduction for you covert art, in e-publications.

– Incorporated into movies, online videos, tv shows, tv series, online series, advertisement.

– Printed on merchandise intended for sale or for promotional use, including : textiles, calendars, magnets, toys, mugs/cups, greeting cards, phone cases, non-exhaustive list, provided that such merchandise incorporates other elements apart from the picture. This license does not allow you to resell the picture as a picture only product.

This license does not allow you to retail Cymellia Pictures as wall art (posters, vinyl decorations) or wallpapers/splash screen. You need a distribution license for this purpose.

The commercial license allows you to use the picture for 1 (one) project (such as a mailing campaign, a calendar, a phone case, a cd cover, etc). If you need to use the picture for a second different project (such as a second mailing campaign, a second calendar, a second phone case, a second cd cover, etc), you will need to purchase a new license.

3. A distribution license grants you the right to use pictures for commercial use, within the following limitations :

– In any manner permitted by a commercial license.

– In printing for wall art (posters, vinyl decorations).

– As a wallpaper or splash screen for your computer OS (that you distribute).

– This license does not allow you to sell or distribute for free the pictures for download on your website. (You are not allowed to sell pictures the way Cymellia Pictures is selling their pictures on www.cymellia-pictures.me).

The distribution license allows you to use the picture for 1 (one) project. If you need to use the picture for a second different project, you will need to purchase a new license.

4. A discover license grants you the right to use pictures for both non-commercial and commercial use, within the following limitations :

– As a digital reproduction on your websites.

– As a wallpaper or splash screen for your computer OS (that you distribute).

– Printed in physical form for decorative purpose for your own private use only (home use and office use).

– Pictures under the discover license have a watermark (Cymellia Pictures, www.cymellia-pictures.me) which is part of the picture sold. This watermark should not be cropped out or deleted from the picture. Cropping the watermark out or deleting it from the picture constitute a breach of this license.

B. License agreement for music :

Commercial music license :

Cymellia grants you a non-exclusive, non-transferable right to use, reproduce and modify music within the limitations set below.

The commercial music license allows you to use the music for both non-commercial and commercial use,  in movies, online videos, advertisement, tv shows, online series, tv series, animation, video games,  radio programs, online radio programs, music on hold for your hotline,  ice-cream truck, within the limitations described in part 2 of the present agreement.

The commercial music license grants you a non-exclusive, non-transferable right to use, reproduce and modify the music for a single project (such as a video game, an advertisement campaign, a tv series, etc). If you wish to use the music for a second different project (a new game, a new advertisement campaign, a new tv series, etc), you will need to purchase a new commercial music license for this second project.

The commercial music license is a one time fee, our music is royalty free.

YOU ARE NOT ALLOWED TO USE THE MUSIC AS SAMPLES TO MAKE SONGS. You are not allowed to use the music to redistribute it as a musical composition/song.

Part 2 : Restrictions of use of pictures and music :

YOU ARE NOT ALLOWED TO

– use pictures and music other than expressly allowed by the license you purchased.

– use pictures and music in connection with or to promote obscene content (adult content), escort services, astrology services, tobacco products, drugs, medicines, guns, gangs, religious organisations or cults, political purposes of any kind, criminal activities, multi-level schemes, gambling.

– use pictures and music in connection with or to promote separatism, racism, to discriminate anyone or any country on any basis.

– use pictures and music in a defamatory, libelous, illegal or deceptive way.

– claim authorship of pictures or music. You are purchasing a non-exclusive license to use the picture or music, you are not purchasing the copyright of the picture or music, which includes the fact you are not allowed to register the music in databases such as Content ID and INA archives. The copyright of the pictures and music is owned by Cymellia and/or the artist.

– claim affiliation with Cymellia, Cymellia Pictures or the author of the picture or music.

– claim that someone else copied your work solely for the reason that they used the same picture or music as you. You are granted a non-exclusive license to use the picture or music.

– use any picture or music (unmodified or modified) as a trademark, a logo, a mascot, a character.

– register any picture or music for patent, for design patent or for trademark.

– use the pictures and music in a way that infringes any third party’s trademark or other intellectual property.

– redistribute pictures and music for download for free or for a fee.

Given the ever changing nature of Youtube's rules, we are in the obligation to not allow Cymellia music and pictures to be uploaded on Youtube for any project of any kind, for any type of video, for both non-commercial and commercial use.

While Cymellia music and pictures can be used in online videos (at the exception of videos uploaded to Youtube),  you hereby agree that every website and video platform has their own rules and can decline any content at any time for any reason. You hereby agree that you should ask the website you intend to upload your final content to before purchasing a license for Cymellia music and/or pictures. You hereby agree that websites rules are beyond Cymellia's control and that Cymellia cannot be held liable for any issue or rejection of your content caused by errors arising from automated content match software,  by fraudulent claims,  by websites rules of any kind, by decision of the website's staff.

 

Part 3 : credit and copyright notice :

A. For pictures :

You might credit Cymellia Pictures when using pictures as “picture from Cymellia Pictures, www.cymellia-pictures.me”, it is not compulsory.

B. For music :

Music must be credited properly as "Music from Cymellia Pictures, artist name, track title" in the credits of your project. If you use the music in a modified version, you must credit as "Music from Cymellia Pictures, artist name, track title (modified version)".

Part 4 : warranties :

Cymellia warrants that

– we own the rights to the pictures and music for sale on our website

– we do not use parts (such as textures, letters, Chinese characters, musical instruments) that are not made or recorded by Cymellia.

Cymellia does not make warranty on keywords, titles and descriptions.

Cymellia does not make any other warranty.

Part 5 : Miscellaneous :

You hereby agree that Cymellia shall not be liable for any damage, cost or loss arising as a result of modifications of any kind made by the Customer.

You hereby agree that Cymellia shall not be liable for any damage, cost or loss arising as a result of context of any kind, events that might occur or reputation.

You hereby agree that Cymellia shall not be liable for any damage, cost or loss arising as a result of misuse of the pictures or music or arising from any misunderstanding of the pictures or music.

You hereby agree that Cymellia shall not be liable for any damage, cost or loss arising as a result of picture or sound recognition software (such as Content ID) mismatching or wrongfully claiming ownership of pictures or music that you purchased from Cymellia, as these softwares are operated by businesses which are not tied to or working with Cymellia and such events would be beyond our control.

You hereby acknowledge and agree that Cymellia might remove any content at any time from their website without notice. If Cymellia were to send you notice of removal of content, for reasons such as third party threatening claim of any kind, you hereby agree that if you receive such notice, you will immediately remove the picture or music from your computer and storage devices, cease any future use of the picture or music and remove all use of the picture or music. If you were to ignore the notice of removal, you agree that you and only you shall be liable for any claim that might occur after the date you received the notice of removal. You agree that if you failed to provide a working email or if the email you provided had become void by the time Cymellia sends you a removal notice and if you failed to provide a new way to contact you by email, Cymellia cannot be held liable for any damage, cost or loss arising from non-removal of the picture or music.

In case of notice of removal of content, Cymellia should provide you with a replacement picture or music for free.

You acknowledge and agree that Cymellia is a well known company, Cymellia and Cymellia Pictures might be very popular, therefore the picture or music you purchased from Cymellia and used for your non-commercial or commercial related activities might be recognised as a picture or music from Cymellia by any third party (such as the audience). You agree that Cymellia shall not be liable for the picture or music being recognised as being sold by Cymellia and this is in no way a breach of privacy or costumers rights, as it is beyond Cymellia’s control.

You agree that the fonts used in Cymellia pictures are copyrighted by Cymellia and should not be reproduced by you outside of the picture’s use.

You may not use the pictures and music in any way that allows others to download, extract or redistribute the picture or music as a standalone file. You are not allowed to distribute the pictures and music the same way Cymellia sells them on www.cymellia-pictures.me.

You are not allowed to created a painting based solely on the picture and claim it as your original work.

You are not allowed to create a music based solely on our music (for example, playing the same melody, but using a different music instrument) and claim it as your original work.

Display pictures and music are for showcasing the products only. You may not use them in any way. If display pictures containing the original watermarks were to be uploaded on social media (which does not include in-video use) in a reasonable quantity, Cymellia will not prosecute said social media. If the quantity of display pictures uploaded to social media were abusive or if the uploading of display picture was made in a defamatory or libelous way, in a way to create loss or damage of any kind for Cymellia, Cymellia will ask removal of said pictures from the social media and might take legal action.

The link for download of pictures and music for which you purchased a license remains active for 90 days and can be used 3 times maximum.

You hereby agree that Cymellia shall not be liable for any damage, cost or loss arising as a result of email or computer malfunction or as a result of emails being wrongfully recognised as spam and deleted by your email provider, as this is beyond Cymellia's control. However, in case of malfunction, you can contact us through our contact form, so that we can provide you with the link of the picture or music for which your purchased a license.

You hereby agree that Cymellia shall not be liable for any damage, cost or loss arising as a result of the customer's non-payment of taxes on music and pictures, if such taxes exists in the customer's country. It is the customer's duty to be informed of the laws and taxes the customer shall abide to.

If any individual term of this license agreement is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this license agreement, so that this license agreement shall otherwise remain in full force and effect.

In the event that you breach any of the terms of this license agreement, Cymellia reserves the right to forbid you from purchasing any more picture, music or video and to terminate your account if any.

Products available at www.cymellia-pictures.me are not available worldwide. You acknowledge and agree that if you were to use the product for non-commercial or commercial use in a territory or country where Cymellia doesn’t sell their products, Cymellia shall not be liable for any claim that might occur from any third party from said country or territory.

Cymellia may change this license agreement at their sole discretion at any time. It is Customers responsibility to read the license agreement every time before purchasing a license. The license agreement published at the time of purchase of a license is the one enforceable for the picture or music purchased.

Entire agreement :

These terms and conditions of use, together with the other legal notices on this website, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction :

These terms and conditions of use will be governed by and construed in accordance with Hongkong SAR law, and any disputes relating to these terms and conditions of use will be subject to the exclusive jurisdiction of the courts of Hongkong SAR.

English Version to Prevail :
The present Terms and Conditions of use are available in English only.

Last edited on 24 August 2018.