Please read the entire Terms and Conditions carefully before downloading and using any image or video. By purchasing a license and/or downloading an image or video, you agree in full to the terms of this agreement and thereby agree to abide by the usage restrictions mentioned throughout the website.
Below you will find the Terms and Conditions of how you can use photos and video clips, on which you request video clips, for which you are requesting a license from LANA IMAGES.
For the purposes of this agreement, "use" refers to copying, reproducing, transmitting, synchronizing, displaying, publishing, synchronize, exhibit, publish.
1. Warranties
LANA IMAGES undertakes the following guarantee:
Non-Infringement Warranty: LANA IMAGES warrants that the use of the Licensed Content in in accordance with this agreement and in the form in which it was delivered by LANA IMAGES will not infringe any infringe any intellectual property rights of the creator of the content, you avoid any legal inconvenience for the use of the content, provided that the use is subject to the provisions of this agreement. the use is subject to the provisions of this agreement.
2. Right of use
All licensed material is protected by copyright and shall at all times remain the property of LANA IMAGES. property of LANA IMAGES and its content providers. The traditional licenses do not include exclusive rights to use the content, so that LANA IMAGES may license the same LANA IMAGES may license the same content to other clients. If you wish to obtain exclusive rights of use, please contact us.
3. License Types offered by LANA IMAGES
LANA IMAGES offers several types of license types: Standard Use, Extended Use and Full Rights.
Standard Use: refers to a one-time editorial use in an online article, social media channels, internal presentation, website, corporate website, newsletter, blog, newspaper or magazines.
Extended Use: refers to a one-time editorial use in books, television or news programs.
Full Rights: refers to a use for film, music production, theatrical, marketing, advertising campaigns for all media.
4. Restricted Uses
By licensing content from this site you agree to abide by the restrictions on use. restrictions on use. In case of infringement, LANA IMAGES will not be liable for damages.
The restrictions of use are:
- You may not use the licensed material for defamatory, pornographic purposes, to promote violence or hatred, or violate industry codes or applicable image and video material regulations. applicable image and video material regulations.
- Content classified as "editorial" or "intended for editorial use" may not be altered in its be altered in its significance and may be cropped or modified only for reasons of technical quality. of technical quality.
- You may not assign permission to use licensed content to a third party. The The rights granted to you are non-transferable, therefore, the rights acquired under the license belong rights acquired under the license belong only to the person or company listed as "Licensee" at the time of the "Licensee" at the time of purchase. The transfer is only permitted if it is expressly regulated, informed and accepted by LANA IMAGES.
- You may not use the content in any way that allows third parties to download, extract or redistribute it as an download, extract or redistribute it as a stand-alone file, separate from the final project or end use. This includes information applied in subtitles, keywords, accompanying text or other metadata, accompanying text or other metadata.
- You may not use content classified as "editorial" or "for editorial use" for any commercial or advertising editorial" for any commercial or advertising purposes of any kind. This content is primarily intended to be used for editorial purposes, and may accompany news reports and other accompanying news reports and other topics of human interest, educational, informational, informative, etc. If you require a license for commercial use of such content, you must obtain the necessary approvals from persons appearing in the content or event organizers before using the "editorial" content for a commercial purpose. "editorial" content for a commercial purpose.
5. User Account Security
LANA IMAGES reserves the right to monitor user activity and downloads to ensure strict compliance with the terms of this agreement. to ensure strict compliance with the terms of this agreement. If determine that any term of this agreement has been breached, it may suspend access to your account and suspend access to your account and take legal action.
However, you are responsible for tracking all activity on each user account and you consent to account and consent to:
- Safeguard passwords and user names.
- Acquire responsibility for the activity developed in each of the user accounts.
- Immediately report to LANA IMAGES any breach of security or unauthorized use.
6. Intellectual Property Rights
About the ownership of the content
All licensed content is the property of LANA IMAGES or its content providers. content providers. All rights not expressly granted in this agreement are reserved by LANA IMAGES and the content providers. are reserved by LANA IMAGES and the content providers.
Photo and video credits
To use editorial content, you must include credit next to the content or in the production credits, respecting the credits of the production, respecting the information contained in the caption accompanying the selected that accompanies the selected content on our website, and do so in the following manner following form: "[Video]/[Image] provided by [Artist Name]/via LANA IMAGES”.
7. Automatic renewal subscriptions
In the case of auto-renewing subscriptions, upon expiration of the term, you authorize LANA IMAGES to charge and agree to pay the then-applicable subscription fees and taxes term expires, you authorize LANA IMAGES to charge and agree to pay the then-applicable subscription fees and taxes for the subscription in accordance with the payment information on file. payment information on file. You may change your automatic renewal preferences preferences from your user account. If LANA IMAGES is unable to complete a transaction through the payment information provided by you, it may deactivate your subscription without notice. subscription without notice.
8. On termination and cancellation of licenses, and withdrawal of content
Termination
If you fail to comply with any of the terms of this or any other agreement with LANA IMAGES, LANA IMAGES may terminate the agreement at any time. may terminate the agreement at any time. In that event you must immediately immediately: discontinue use of the content; delete or destroy any copies; and, if requested copy; and, if requested, you must confirm to LANA IMAGES in writing that you have complied with these requirements. complied with these requirements.
Cancellation
All refund/cancellation requests must be made using the cancellation function on the LANA IMAGES website or in writing. cancellation feature of the LANA IMAGES website or in writing. LANA IMAGES may cancel the applicable order and issue a full refund to your account or credit card, provided the request is made within 30 days of purchase and the licensed content has not been used. licensed content has not been used. After 30 days after you have received the content, we do not issue refunds or credits for cancellation requests, even if the intended publication or other cancellation, even if the intended publication or other use does not occur. Research, laboratory research, lab, service or subscription fees are not refundable. In the event of cancellation, you must In the event of cancellation, you must remove or destroy all copies of the content, as your rights to use the content will have terminated. rights to use the content will have terminated.
Removal of Content
In the event that any content is subject to a claim of infringement of a third party's right for which LANA IMAGES may be liable, we may immediately request that you: discontinue use of the content; delete or destroy any copies; and ensure that your customers, distributors and/or employer do the same.
LANA IMAGES will provide substitute content to you free of charge, subject to the other terms of this agreement. LANA IMAGES may discontinue the license of any content, at any time and at its sole discretion. LANA IMAGES is required to be contacted immediately should a potential claim for compensation arise.
9. Disclaimer of Warranty
LANA IMAGES does not grant any rights or warranties with respect to the use of names, persons, trade dress, trademarks, logos, works of art or architecture, registered, unregistered or copyrighted, which are represented or included in the content. content. In such cases, you are solely responsible for determining whether authorization is required in connection with the use to be made. authorization is required in connection with your proposed use of the content, and you are responsible for obtaining such responsible for obtaining such authorization. You acknowledge that clearances are generally not obtained for content classified as generally are not obtained for content that is classified as "editorial" or "for editorial use," and that some jurisdictions editorial use," and that some jurisdictions provide legal protection against the use of a person's image or representation of a person or property. image or representation of a person or property for commercial purposes. Also You also acknowledge that organizers of sporting, news and entertainment events sometimes impose contractual sometimes impose contractual restrictions on the commercial use of content captured at their events. of content captured at their events. You are solely responsible for payment payment of any amounts that may be due, and for compliance with any other terms of any collective terms of any collective bargaining agreement that may apply to your use of the licensed content. licensed content.
LANA IMAGES does not represent or warrant that the content or its Web sites will meet your needs or that your use of the content or the Web sites will be uninterrupted or error-free. needs or that use of the content or the websites will be uninterrupted or error-free. will be error-free.
Disclaimer for Subtitles: LANA IMAGES does not warrant the accuracy of information, nor of any metadata provided with the content. provided with the content. In this regard, it should be noted that captions, captions, key words or other information on the image and video material have been created to the best of the author's or to the best of the author's or provider's knowledge, but LANA IMAGES cannot guarantee the accuracy of this information. information is accurate and therefore any compensation for damages is excluded. damages.
10. Indemnification
Indemnification to Licensee (Customer): Provided that you are not in breach of this or any other agreement with LANA IMAGES, and any other agreement with LANA IMAGES, and upon your sole and exclusive remedy for any breach of the warranties of Section 1, LANA IMAGES agrees to defend, indemnify, defend and hold you harmless for any breach of the warranties in Section 1, LANA IMAGES agrees to defend, indemnify and hold you harmless, indemnify and hold harmless you, your parent, subsidiaries and affiliates, and each of their respective agents, directors and employees from and against all damages, liabilities and expenses (including reasonable legal fees, including attorneys' fees) arising out of or in connection with any breach or alleged breach by LANA IMAGES of its warranties in Section 1. This indemnity shall not apply to the extent that the damage, cost or loss arises or results from modifications made by you to the content or the context in which you used it. This indemnity shall also not apply to the extent of your continued use of the content after notice from LANA IMAGES, or knowledge by you, that the content is knowledge that the content is subject to a claim for infringement of the rights of a third party.
Indemnification of LANA IMAGES: You agree to defend, indemnify and hold harmless LANA IMAGES, its parent, subsidiaries, affiliates and content providers, as well as each of their respective agents, directors and employees, from and against any and all damages. each of their respective agents, directors and employees from any and all damages, liability and expense (including reasonable legal fees, including attorneys' fees) arising out of the (a) any use by you of the content outside of the scope of the content. (a) any use by you of the content outside the scope of this agreement; (b) any breach or alleged breach by you (including reasonable legal fees (b) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement. (b) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with LANA IMAGES; and c) your failure to obtain any required authorization for your use of the content. use of the content.
Valid for both parties
The party claiming indemnity must immediately notify the other party in writing of the claim in writing. party of the claim. The indemnifying party has the right to assume the management, settlement or defense of any claim or management, settlement or defense of any claim or litigation. The indemnified party must cooperate in any manner with requests reasonably requested by the indemnifying party. by the indemnifying party. The indemnifying party shall not be liable for any legal fees, including the fees of the indemnifying party. legal fees, including attorneys' fees, or other costs incurred prior to the other incurred before the other party has given notice of the claim for which it seeks indemnification. seeks to be indemnified.
11. Limitation of Liability
LANA IMAGES and its licensors shall not be liable to you or any other person or entity for any lost profits, punitive, special, indirect, consequential, incidental or other similar damages, or for any costs or losses incurred by you or any other person or entity, consequential, incidental, incidental or other similar damages, or for any costs or losses arising out of this agreement, even if LANA IMAGES or its licensors have been advised of the possibility of such damages, costs or losses. Some jurisdictions do not allow the exclusion or limitation of implied warranties or liability.
12. General Provisions
Auditing: You agree to provide LANA IMAGES with sample copies of projects or end-uses that include the uses that include the Licensed Content, including the ability to provide LANA IMAGES with free access to any LANA IMAGES free of charge access to any website or platform with restricted access where the content is reproduced. In addition, LANA IMAGES may upon prior notice audit its records directly related to this agreement and to the use of the licensed content in order to verify compliance with the terms of this agreement. agreement. If an audit reveals an underpayment by you to LANA IMAGES of at least five percent (5%) of the royalties paid to LANA IMAGES. at least five percent (5%) of the amount that you should have paid, you shall pay LANA IMAGES pay LANA IMAGES the amount corresponding to the amount owed, as well as to pay the other you shall pay the other remedies to which LANA IMAGES is entitled, you also agree to reimburse LANA IMAGES for the amount due, and you agree to you also agree to reimburse LANA IMAGES for the costs of conducting the audit. In case of unauthorized or unauthorized or uninformed use or dissemination of the images and videos, you will be charged five times the rate of the times the rate of the respective fee recommendations.
Notices: All notices to be addressed to LANA IMAGES pursuant to. this agreement, must be sent by e-mail to commercial@latinamericanewsagency.com. All notices to you will be sent by email to the email address listed in your account.
Taxes: You agree to pay and be responsible for all sales, use, value-added, and withholding taxes, as well as withholding taxes, and you agree to pay and be liable for all value-added and withholding taxes, as well as any charges imposed by any jurisdiction as a result of the license any jurisdiction as a result of the license granted to you or your use of the licensed content. licensed content.
Electronic storage: You agree to retain the copyright symbol, the LANA IMAGES name, the content identification number, and any other any other information that may be embedded in the electronic file containing the original content, as well as to the original content, as well as to maintain appropriate security to protect the content from protect the content from unauthorized use by third parties. You may make one (1) copy of the content as a backup copy.
Assignment: LANA IMAGES may assign this Agreement, without notice or consent, to any corporate affiliate or assignee of its interests, provided that such entity agrees to accept the assignment. corporate affiliate or assignee of its interests, provided that such entity agrees to be bound by these terms. to be bound by these terms. This Agreement is personal to you and you may not you may not assign it without the prior written consent of LANA IMAGES.
Governing Law/Arbitration: This agreement shall be governed by the laws of the Republic of Argentina.
The parties agree that any arbitration proceeding must be commenced within two years of the facts, events or occurrences giving rise to this agreement, events or occurrences giving rise to the claim.