PENCIL ONE Terms & Conditions
The following Terms and Conditions of Use apply to all persons accessing the PENCIL ONE online image library platform (the “Platform”). By accessing the Platform for any purpose, you agree to the following Terms and Conditions of Use. Any violation of the following Terms and Conditions of Use may result in termination of account and other legal liability as provided below. PENCIL ONE reserves the right to modify these Terms and Conditions at any time without notice.
USE OF CONTENT
Customers are permitted to access the Platform for the following uses: (a) to view and preview PENCIL ONE portfolio images on the Platform solely for reference and pricing purposes, and/or (b) to use the content purchased on the PENCIL ONE Platform solely for the promotion of their business. Customers may not reproduce, copy, download, modify, distribute, publish, transmit, link to, adapt, display, license, sell, or use any of the content on the Platform for commercial or non-commercial purposes, except with the express written consent of PENCIL ONE, subject to the licensing terms below.
OWNERSHIP OF CONTENT AND LICENSING TERMS
PENCIL ONE retains 100% of all copyright and other intellectual property rights in all PENCIL ONE created content on the Platform at all times and for all purposes. By paying for the image created by PENCIL ONE for the Customer product, the Customer obtains solely a paid-up, non-transferable license for use of the image to promote its business, subject to the limitations stated herein.
Customers are responsible for their actions while using the content. The Platform is free to view solely for reference and pricing purposes. Use of the content for image creation is subject to licensing fees, which are non-refundable. Customers are not permitted to share any of the images on the Platform with competitors, such as other photographers, photo studios, ad agencies, and photo-related companies. Customers may share the licensed images with co-workers for their photo shoots but are responsible for any violation of these Terms and Conditions by such other persons.
ACCOUNTS AND PAYMENT
Customers may create and register a free account on the Platform to view the content, including product image templates, subject to the limitations stated in these Terms and Conditions. In order to obtain a license for use of any selected content, including product image templates, the Customer must pay an image creation fee in advance before image creation starts.
Once the image content is ready, PENCIL ONE will send the Customer a download link to access selected images digitally. PENCIL ONE DOES NOT print or send physical copies.
MARKETING AND PROMOTIONS
All images created for a Customer will become part of the Platform content, and PENCIL ONE expressly reserves the right to use any such content or images on the Platform for its own marketing and promotional purposes, including but not limited to social media, email campaigns, and advertising.
WARRANTIES AND DISCLAIMERS
PENCIL ONE makes no warranties, express or implied, regarding the accuracy, reliability, or completeness of the content and service provided on the Platform, including warranties of merchantability, non-infringement or fitness for a particular purpose, and any warranties arising from course of dealing or usage of trade. All images on the Platform regardless of source are representational examples intended for limited descriptive, analytical, educational and reference purposes only, and PENCIL ONE does not guarantee that the images can be 100% replicated with the Customer's products. Props, view angle, lighting, background, scene, and other variables may differ for each photo shoot.
LIMITATION OF LIABILITY
Customer releases PENCIL ONE from, and PENCIL ONE shall not be liable for any damages, including but not limited to direct, indirect, incidental, punitive, or consequential damages arising from the use of the Platform or the content on the Platform. Customer’s access to and use of the Platform shall be at the Customer’s sole risk and expense.
Customer agrees to indemnify, defend and hold harmless PENCIL ONE, its affiliates, and its directors, officers, agents and employees from any actions, claims, damages, liabilities, or expenses arising from the Customer's use of the Platform or the content on the Platform.
TERMINATION OF USER ACCOUNTS
PENCIL ONE reserves the right to terminate a Customer's account or access to the Platform at any time, without notice or liability, for any reason including, but not limited to, a Customer's violation of these Terms and Conditions, fraudulent or illegal activities, or harmful behavior towards PENCIL ONE or other Customers.
In the event of any dispute arising from the use of the Platform or content on the Platform, the parties agree to mediate the dispute in good faith. Any party may initiate mediation by providing written notice to the other party. The mediation will be conducted in accordance with the rules of the American Arbitration Association, and the parties will share the costs of the mediator equally.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions.