Eyekons Church Image Bank License Agreement
If you or your church have questions about the Church Image Bank License Agreement or would like to know more about how to license and purchase images, please free to contact contact Amy McKay: amy@eyekons.com or 616-235-2929.
A Summary of the License Agreement
1) The Eyekons Church Image Bank is an online resource of Christian art available only to churches. The Reproduction Rights to the stock images are licensed (not sold) to the church for use exclusively within the church community. The licensed images can be used for bulletins, publications, education, Powerpoint, multi-media & websites.
2) The Church Image Bank provides affordable stock images with unlimited terms of use. You may use the images as many times as you like, for as long as you like, provided you use them within your church. There is no extra charge for extra use, as long as the licensing agreement is followed.
3) The stock images are licensed to churches and designed to visually support worship, ministry, education and evangelism. The images may not be used, reproduced or sold for any commercial purpose outside of the church.
4) The Eyekons Church Image Bank licenses are granted to your church based upon the following conditions:
a. The receipt of full payment to Eyekons for the license
b. Compliance by your church with all of the provisions of this agreement
5) Any and all licenses granted to your church shall terminate immediately upon failure to comply with this Agreement or to complete full payment when due.
6) All of our images are registered with the U.S. Copyright Office and receive full protection under U.S. & International copyright law. Non-profit organizations are subject to the same copyright protection laws as for-profit organizations. This credit line must appear next to any Image used in print, PowerPoint or digital media:
Image Title © Year Artist | Eyekons
7) Please respect the copyright of the artist. The images and the reproduction rights for the art belong to the artist. Do not steal the images by copying the art from our website and using it without their permission. Violating this agreement is immoral and robs the artist of his/her due remuneration. Please do not break the 8th commandment.
Eyekons Church Image Bank License Agreement
This is the License Agreement that defines the terms for licensing stock images from Eyekons Church Image Bank. It is a contractual agreement between Eyekons (the Licensor) and you and your church, its employees and volunteers (the Licensee). To register as a church it is necessary to agree to the terms of this License Agreement
Church Image Bank License Terms and Conditions
1. Essential Information - Please Read
You should carefully read the following terms and conditions. When you purchase and use a stock image from Eyekons Church Image Bank, the use of the licensed image will be subject to the following terms and conditions.
This is a legal Agreement between Eyekons, (Licensor) and you and your church, (Licensee). By checking the box next to "I ACCEPT THE LICENSES FOR THE ABOVE IMAGES" and clicking the "COMPLETE PURCHASE" button, you agree to be bound by the terms of this Agreement and the specific use of the stock images that is defined and stated in this Agreement.
The license granted for the use of stock images apply to your church, to you as its representative, and to all other employees and volunteers of the church who use the images from Eyekons Church Image Bank. It is necessary to agree to the terms of this agreement to register as a church and receive special "church prices" on stock images and CD Collections.
If you do not agree with the terms of this agreement, you cannot register as a church, gain access to the Church Image Bank and receive special church prices for the stock images. Do not check the box next to "I ACCEPT THE LICENSE FOR THE ABOVE IMAGES."
2. Definitions
In this Agreement the following definitions apply:
a. "Image, Images" means any illustration, photograph or fine art reproduction generated photographically, electronically or digitally that is licensed to the church by Eyekons under the terms of this Agreement.
b. "Invoice" means the digitally generated or printed invoice provided by Eyekons that defines the specific church that is contracting as Licensor, the terms of use for the Images selected; and grants the church the reproduction rights to the images and states the price for the license of the Images. The invoice is part of this Agreement.
c. "Reproduction" and "Reproduce" include any form of copying or publication of the whole or a part of any Image, whether by printing, photography, photocopying, power-point presentation, use in a production process, electronic, digital or mechanical means, or by any other means.
d. "Commercial Use" shall mean any use of the image, outside of the Licensee's church environment, where the image is used to promote or generate profit or income for any entity, business or organization other than the Licensee's church.
3. Copyright of all Licensed Images:
a. Our images are registered with the U.S. Copyright Office and receive full protection under U.S. & International copyright law. No ownership or copyright of any Images shall pass to the church through this Agreement. The copyright of all images remains with Eyekons and its artists.
b. Copyright information must appear with the image in print, digital media, on websites or any other use. The copyright information is embedded in the image and can be accessed under File Info. The following credit line must appear adjacent to any licensed Images used in print, PowerPoint or online:
Image Title © Year Artist | Eyekons
4. Grant of Rights
a. The Image may only be used within your church and supporting church community. You cannot commercially use the Image outside of your church.
b. Eyekons grants your church a non-exclusive, non-sub-licensable and non-transferable right to use and Reproduce the Images identified in the Invoice.
c. Eyekons further grants your church the right to have the Image Reproduced by subcontractors (printers, designers, media producers), provided they agree to abide by the terms of this Agreement.
5. Permitted Uses - Your church may:
a. Use the Images in any electronic or print media to support worship, ministry, education & evangelism within your church.
b. Use the Images an unlimited number of times, over an unlimited period of time, as long as they are used within the church.
c. Back up, copy, or archive the Images as necessary for internal use. Any copy or archive made must include the Images copyright information.
6. Prohibited Uses - Your church may not:
a. Use the images for any commercial purpose. If you want to license the images for a commercial use, please contact Eyekons and purchase an additional commercial license for that specific use.
b. Use the Images as part of a church trademark, service mark, or logo. To use an image in this way, you must contact Eyekons, describe the specific use and pay an additional license fee for that use.
c. Re-sell, re-distribute, or sub-license the Images, CD Collection or the rights to use the Images to anyone for any purpose. The images cannot be put into a digital catalogue or image bank and distributed to users outside of the church.
d. Use the Images in any way that could be considered defamatory, libelous, obscene, immoral, pornographic or fraudulent.
e. The images may not be used to deliberately insult or parody any religion, denomination or Christian belief.
7. Warranty and Limitation of Liability:
a. Eyekons guarantees that the digital files of the Images you receive will be of the highest quality and free from any defects or viruses. Eyekons will remedy any problems by replacing the digital file of the Image or refunding the fee paid.
b. Eyekons guarantees:
i. It has all necessary rights and authority to enter into this Agreement and the rights and authority to license the use of any Images as stated in the Invoice.
ii. The rights granted in this Agreement do not infringe on any copyrights to the Images or moral rights of any person or entity.
c. Eyekons make no other warranty, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Eyekons nor their artists shall be liable for any general, special, direct, indirect, consequential, incidental or other damages arising out of this license.
8. Unauthorized Use of Images | Indemnification
a. The license contained in this Agreement will terminate automatically if your church engages in unauthorized use of the images and fails to comply with any provision of this Agreement. Upon termination, your church must immediately stop using the digital images and delete all images from their electronic database.
b. Licensee (your church) agrees to indemnify and hold the Indemnified Parties harmless against any claim for damages, losses or any costs, including attorneys' fees, arising in any manner from the unauthorized use of any Images or for Licensee's breach of any of the terms of this Agreement.
c. If Licensor (Eyekons) is required to commence or threaten legal proceedings against Licensee to enforce any of the terms and conditions of this Agreement, whether a lawsuit is filed or not, Licensee (the church) shall indemnify the Licensor (Eyekons) for the reasonable legal fees and costs incurred.
9. Payment Terms
No rights are granted until the Invoice is paid in full. Online purchases are made via credit card transactions prior to image downloads. For churches that have accounts, the Invoice terms are net 30 days.
10. License Cancellation Fee
a. If your church requests in writing or email to cancel the licensing of Images within 30 days of the date of downloading or receiving delivery of the Images, Eyekons will issue a credit to the church's account or credit card equal to 100% of the license fee.
b. No refund or credit to the church's account or credit card will be given after 30 days of the date of downloading or receiving delivery of the Images.
11. Miscellaneous
No changes in the terms in this Agreement shall be effective unless agreed to in writing by an authorized representative of Licensor and Licensee. Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
This Agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Michigan, U.S.A. Except as otherwise set forth herein, the venue for all disputes arising under this Agreement shall lie exclusively in the Courts in the State of Michigan or the Federal District Court for the Western District of Michigan (as permitted by law), and each party agrees not to contest the personal jurisdiction of these courts.
12. Entire Contract
You acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of this Agreement between you, your church and Eyekons Church Image Bank.