arabianEye Legal

arabianEye's content is Rights-Managed or Royalty-Free for images, and Rights-Managed for footage.

Rights-managed (RM):
RM products are licensed with restrictions on usage, such as limitations on size, placement, duration of use and geographic distribution. Our sales team can help you determine the price.

Royalty-free (RF):
RF products may be used by you multiple times for multiple projects without incurring additional fees. RF pricing is based on the file size of the product only with a maximum of 10 people entitled to use it. You don't have to pay any additional royalties for successive uses of a royalty-free product. However, the rights granted are non-transferable and are personal to you.

Comping Usage:
Comping files can be ordered and downloaded from the site for positioning within your edit. All comping files are watermarked until the final purchase is processed.

arabianEye does not sell or rent information about our customers to any third parties. All information supplied to us, including your email address and telephone number, is used for internal purposes only, in order to keep you updated with the latest news, promotions, and updated web site information. We also use your account information to personalise content and the services offered to you. Your web site activity is anonymously recorded in order to improve the functionality of the web site and our service.

Cookies are used by the web site only to establish your user ID when you log-in to the web site in order to alleviate the process of re-submitting your user ID and password every time you enter the web site. A cookie is a small file that is downloaded from this web site into your hard drive automatically. arabianEye will periodically send email updates regarding new features, exhibitions or web site information that may be of interest to you. If you do not wish to receive these emails, please reply to the sender and you will be removed from future lists.

arabianEye uses accepted industry standards to protect your personal information. If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.

We reserve the right to change the terms of this privacy policy at any time. By using this site, you understand and agree to the terms of this policy.

Ownership of the Site and its Contents
This Site is owned by arabianEye. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, software, and the selection and arrangement thereof ("arabianEye Content"), is owned by arabianEye, its licensors, or its third-party image partners. All elements of the Site, including the arabianEye Content, are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site
This Site and the arabianEye Content are intended for customers of arabianEye. You may not use this Site or the arabianEye Content for any purpose not related to your business with arabianEye. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the arabianEye Content without, or in violation of, a written license or agreement with arabianEye; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the ArabianEye Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any arabianEye product or service if you are not expressly authorized by such party to do so; and (e) using the Site or the arabianEye Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the country in which you reside.

Trademarks
arabianEye Trademarks, the arabianEye logo, and any other product or service name or slogan contained in the Site are trademarks of arabianEye and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of arabianEye or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "arabianEye" or any other name, trademark or product or service name of arabianEye without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of arabianEye and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Assignment, Sublicense and Transfer
Any rights granted to Client under this agreement are licensed exclusively to Client and cannot be assigned, sublicensed or transferred to any third party, including foreign editions and reprints.

Links
You may not use the arabianEye logo or other proprietary graphic of arabianEye to link to this Site without the express written permission of arabianEye. Further, you may not frame any ArabianEye trademark, logo or other proprietary information, including the arabianEye Content, without arabianEye's express written consent.

Infringement
In the event that it is discovered that Image has been used in an infringing manner (for the avoidance of doubt including, but not limited to, unlicensed re-use of an Image and use of Image in a way which breaches copyright), you will be notified and invoiced the industry-standard double-fee for unauthorized usage and/or prosecuted for Copyright Infringement in UAE law where you will be subject to statutory damages as well as all court costs and solicitor's fees.


Model/Property Releases
No model or property releases exist for the Images available on arabianEye.com unless specifically acknowledged in writing by arabianEye. arabianEye is not responsible for obtaining model, property, or other releases in connection with any of the imagery licensed unless specifically stated herein. Client shall indemnify and hold arabianEye harmless against any and all claims, liability, damages, costs, and expenses (including reasonable legal fees and expenses) arising out of the use of any Image for which: (a) no written release was furnished to the Client by arabianEye.

(b) the use of any Image exceeds the scope of the release provided by arabianEye to the Client. Client will also indemnify and hold arabianEye harmless against all claims, liability, damages, and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the Images, including, but not limited to, defamation, right of privacy, right of publicity, and obscenity claims. arabianEye's liability for all claims shall not, in any event exceed, the total amount invoiced for that use of the offending Image. arabianEye makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.

Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify ArabianEye immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.

Indemnification
You agree to defend, indemnify and hold harmless arabianEye, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorized use of the arabianEye Content, or your violation of any rights of another.

Disclaimer
This site and the arabianEye content are provided "as is" and arabianEye and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. arabianEye will not be liable for any damages of any kind arising from the use of this site or the arabianEye content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. You, not arabianEye, assume the entire cost of all necessary servicing, repair or correction due to your use of this site or the arabianEye content. We make no warranty that the site or the arabianEye content is free from infection by viruses or anything else that has contaminating or destructive properties.

arabianEye uses reasonable efforts to ensure the accuracy, correctness and reliability of the arabianEye Content, but we make no representations or warranties as to the arabianEye Content's accuracy, correctness or reliability.

Limitation of Liability
In no event shall arabianEye, its directors, members, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the arabianEye content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from arabianEye, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to arabianEye' records, programs or services. In no event shall the aggregate liability of arabianEye, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to arabianEye for access to or use of the site.

Termination
arabianEye reserves the right, without notice and in its sole discretion, to terminate your use of the Site.

Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by arabianEye.

Changes to Site Terms
arabianEye reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.

Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the arabianEye Content shall be submitted to confidential arbitration in the courts of Dubai, UAE.

What’s copyright?
Copyright is a form of protection provided by law to the authors of ‘original works of authorship’.

What are common misconceptions about copyright?
If an image is on the Internet, it’s in the public domain and I don’t need permission to use it.
If there’s no copyright notice on the image, I don’t need permission to use it.
If I don’t profit from the use, I don’t need permission.
If I alter the image X% I don’t need permission.
If I don’t use the entire image I don’t need permission.
If I remove the image after notice, I don’t owe any money to the copyright owner.


Who owns copyright?
Any freelance artist who creates a copyrighted work, or any employer whose employees create copyrighted works as part of their job.

Can copyright be transferred?
Non-exclusive rights can be transferred without written notice. Transfer of exclusive rights requires written notice signed by the copyright holder or authorized representative.

What rights do copyright owners control?
Rights that allow others to:
• Make copies of the work
• Distribute copies of the work
• Perform the work publicly (such as for plays, film or music)
• Display the work publicly (such as for artwork or any material used on the internet or television)
• Make derivative works (including making modifications, adaptations or other new uses of a work, or translating the work to another media)

What’s public domain?
The duration of copyright varies for different types of work and from country to country.

What’s copyright infringement?
Infringement is any violation of the exclusive rights of the creator. Examples of imagery infringement include:
• Use of whole or part of an image without permission
• Use beyond the scope of a license or permission
• Adapting an image without permission (art rendering)
• Asking another photographer to recreate the image
• Actual copying

Why worry about copyright?
New technology enables copyright owners to identify unlicensed imagery and act to protect their rights. Infringement of those rights can result in:
• The awarding of substantial monetary damages
• The infringing use being enjoined (prohibited)
• Lawsuits and costly attorney’s fees
• A ruined client relationship
• Criminal charges, under some circumstances


Who’s responsible when infringements occur?
Responsible parties include:
The company that directly infringed, even if unintentionally
Employees or individuals who participated in the infringement
Anyone who published the infringing image, whether they had knowledge or not
Anyone who authorized or encouraged infringement

Can I use royalty-free images for free?
Although royalty-free (RF) images from arabianEye are different from rights-managed images, all the images we represent require an appropriate license for their use. “Royalty-free” means that once licensed, the images may be used many times for certain uses without paying further fees.

How can I ensure that the imagery on my site is properly licensed, especially if someone else created my company’s website?
If a third-party designer, employee, contractor or intern designed and developed your company’s website, you are responsible to ensure they have licensed images for your use. If no valid licenses exist, the liability of any infringement ultimately falls on the company (the end client) who used the image. You/your business should be named as the “end client” of the license when the images are purchased through arabianEye.com. Don’t assume your designer or image provider will contact you about an expiring license. ArabianEye sends renewal notices to the purchaser of the license, so your designer may receive this notice if they licensed it on your behalf.

I’m a blogger, can I use images for free, if my blog is non-commercial?
No. All images from arabianEye.com must be licensed, regardless of the nature of the blog.

I’ve just received a letter from arabianEye notifying me that my company is using imagery without a license and demanding payment. What should I do?
If you have invoices and licenses that show you’re using the imagery legally, please notify us at once. We may have made an error, or there may be other circumstances that could affect the final payment, decision or outcome of the matter. Please call or email us via the contact information provided in your letter. If you do not have a valid license, please do NOT go to arabianEye.com and try to license the image before settlement is reached. Since the images have been used by you, fees are due and our contributors are owed royalties on the past uses.

If I just stop using the image, can we consider the matter closed?
We appreciate the removal of our images from your website, however, removal alone does not settle the issue. Please contact us so that we can settle this matter with you as soon as possible. ArabianEye will continue to pursue payment of the settlement amounts until the matter is resolved.

How do you calculate the value of settlement demands sent to suspected unauthorized users?
Settlement demands are based on the fair market value of a license, taking into consideration usage, size, placement, duration and territory. The settlement demand is calculated by taking the average duration and average costs of licensing for that period, plus a portion of costs incurred in the pursuit of the unlicensed use. Using the image without a license ultimately costs more than properly licensing the image before use.

Please download our End User License Agreements for both our RM and our RF material.

Royalty Free EULA (End User License Agreement)
Rights Managed EULA (End User License Agreement)
Corbis EULA (End User License Agreement)