This document constitutes a legal agreement between you and Album Archivo Fotográfico S.L. (hereinafter referred to as "Album"). Please read it carefully. By downloading and/or using any Visual Content (as defined in Section 1 of this Agreement) from our website, you acknowledge and agree to be bound by the terms and conditions set forth in this Agreement. If you do not accept these terms, you must refrain from downloading and/or using any Visual Content from this website.
By agreeing to the terms and conditions of this Agreement, you confirm that: (i) you are acting for and on behalf of the company with which you are employed (hereinafter "the Company"); or (ii) you are acting on behalf of your direct client (hereinafter "the Principal"). Furthermore, you represent and warrant that: (1) You are duly authorized by the Company or the Principal to enter into this license, and the license is being entered into in the name and on behalf of the Company or the Principal; The Company or the Principal has consented to be bound by the terms of this Agreement; (2) The Visual Content and any product incorporating it shall be used solely for the benefit of the Company or the Principal; (3) You agree not to use the Visual Content or any product containing it for the benefit of any other person or entity without first obtaining an additional license covering such use; (4) You agree to abide by all terms and conditions of this Agreement, and you acknowledge that you are jointly and severally liable with the Company and/or the Principal for any breach of these terms.
Notwithstanding any other provision of this Agreement, the parties acknowledge that the Website may contain files or collections of Visual Content that are in the public domain. For such content, neither Album nor its content providers claim any copyright. Album merely provides access to a copy of the Visual Content, and its use remains subject to the terms of this Agreement.
All rights not expressly granted to you under this Agreement are reserved. The right to use the Visual Content is subject to the limitations set forth in this Agreement.
1.1 In these conditions (hereinafter referred to as the "Conditions"), the following definitions shall apply:
1.1.1 Album: Refers to Album Archivo Fotográfico, S.L., the company supplying the Visual Content, acting in one or more of the following capacities: (i) as the assignee of the authors or other intellectual property rights holders; (ii) as the owner of intellectual property rights over the Visual Content; or (iii) as the owner of the Website and the digital files contained therein.
1.1.2 Author: Refers to the individual identified (whether by name or pseudonym) as the creator of the Visual Content.
1.1.3 Client: Refers to the individual or legal entity that requests and/or receives Visual Content from Album, to whom its use may be authorized.
1.1.4 Delivery Note: Refers to the document issued by Album, listing all Visual Content provided to the Client for examination, selection, and decision-making regarding which Visual Content the Client wishes to use.
1.1.5 Editorial Use: Refers to a single use relating to events or topics of public or news interest for informational or educational purposes. This may include illustrating articles or factual information in magazines, newspapers, or any other editorial context, whether in print or electronic media. This use explicitly excludes any commercial, promotional, or advertising use of a product or service.
1.1.6 End Client: Refers to the individual or legal entity for whose benefit the Client requests Visual Content from Album; this is the party on whose behalf, if applicable, authorization for the use of the selected Visual Content will be obtained.
1.1.7 Final Product: Refers to the final work produced by the Client or End Client that incorporates a reproduction of the Visual Content.
1.1.8 Invoice: Refers to the document issued by Album listing the Visual Content for which reproduction and use is authorized to the Client or End Client. The Invoice includes the prices set forth in the Quote, along with the method of payment.
1.1.9 Metadata: Refers to the information provided to Album, including but not limited to license restrictions, model and property releases information, captions, keywords, descriptions, date of capture, and location data.
1.1.10 Model Release: Refers to any written authorization signed by or on behalf of any person depicted in any Visual Content.
1.1.11 Property Release: Refers to any written authorization from the owner of rights in a particular asset or intangible property (e.g., intellectual or industrial property rights) that is reproduced in any Visual Content.
1.1.12 Quote: Refers to the document issued by Album listing the Visual Content selected by the Client, for which the Client intends to obtain authorization for use and reproduction. The Quote also contains Album’s financial proposal for such authorization. Once accepted, the Quote results in an Invoice that authorizes such use and reproduction for the Client or End Client.
1.1.13 Reproduction: Refers to the act of making any copy or publication, in whole or in part, of the Visual Content by any means, or the creation of any derivative work incorporating the Visual Content.
1.1.14 Third Party: Refers to any individual or entity other than Album, its Client, or End Client.
1.1.15 User: Refers to the Client or any employee or contractor of the Client or End Client who downloads, manipulates, edits, or saves the digital file containing the Visual Content, and is directly involved in the creative process that utilizes the Visual Content in the creation of the Final Product.
1.1.16 Visual Content: Refers to the visual content available from Album, including but not limited to photographic works, simple photographs, illustrations, or other visual content, generated optically, electronically, digitally, or by any other means, and supplied for use under these Conditions.
1.1.17 Website: Refers to Album's website, currently located at: www.album-online.com.
2.1 Prior to supplying any Visual Content for Reproduction, the Client must provide Album with all necessary information to enable Album to know precisely the intended use, purpose, and distribution of the Visual Content in question.
2.2 The Delivery Note shall list all Visual Content provided to the Client. The Client will be presumed to have received all Visual Content in good condition and in full, unless the Client informs Album otherwise, in a verifiable manner, within forty-eight (48) hours of receipt.
2.3 The Visual Content selected by the Client, for which Reproduction is authorized by Album, will be listed on the Invoice. Upon the expiration of the license period, the Client and the End Client must delete or remove the Visual Content, regardless of whether it was reproduced by the Client or the End Client.
2.4 Authorisation for the Client or the End Client to proceed with the Reproduction of the Visual Content may only be deemed to have been granted with the signed Quotation or, failing this, the Invoice. Failure to comply with the payment conditions set out in the Invoice shall result in the automatic termination of the authorisation granted, and any Reproduction of the Visual Content thereafter shall be deemed unauthorised.
2.5 Notwithstanding the above, the Client may use Visual Content from Album’s website free of charge and solely for testing or sampling purposes (e.g., for sketches) for a maximum of thirty (30) days from the date of download. However, unless a license is purchased, such content may not be used in Final Product or in any publicly available material. No additional rights or warranties are granted for the use of such content in sketches. The Client agrees to delete or remove such Visual Content after the specified period, regardless of the storage method used.
2.6 Any Reproduction of Visual Content for editorial purposes must include the following attribution next to the Visual Content: ‘©/[Author's Name]/[Collection Name]/[Album]’. For commercial uses, this attribution requirement shall remain applicable where relevant and customary.
2.7 The Client agrees to retain the copyright symbol, the Author’s name, Album’s name, the Visual Content identification number, and any other information embedded within the original digital file of the Visual Content.
2.8 The Client is responsible for overseeing all activity related to its user accounts and agrees to: (a) maintain the confidentiality and security of all usernames and passwords; (b) immediately notify Album of any unauthorized use or security breach; and (c) assume full responsibility for all activities conducted under its user accounts. Album reserves the right to monitor downloads and user activity to ensure compliance with this Agreement. If Album determines that any term of this Agreement has been breached, Album may suspend access to the account and pursue appropriate legal action.
3.1 Except as otherwise specified in the Invoice, permission to use the Visual Content is always granted on a non-exclusive basis and is strictly limited to the specific use, period, territorial scope, medium, and other parameters outlined in the Invoice. The Invoice forms an integral part of these Conditions, and together they constitute the complete license or authorization granted.
3.2 Unless otherwise stated in the Invoice, permission to use the Visual Content is granted for a single Reproduction, defined as a single fixation or incorporation into the specified medium, and for a single use. This includes one print and/or edition, in a single size, and in a single language, for a period of six months from the date of the Invoice, and within the territorial scope specified in the Invoice. Therefore, express authorization from Album is required to reuse such Visual Content in any reprint or subsequent edition of the medium in which the Visual Content has been fixed or embedded.
3.3 Authorization to use the Visual Content is personal to the Client and may not be transferred to Third Parties without prior written consent from Album. The only exception is the use of the Visual Content by the End Client, provided that the End Client’s details are included in the Delivery Note, Quotation, or Invoice at the time of contracting. In all cases, the Client shall be jointly and severally liable with the End Client for the correct and lawful use of the supplied Visual Content. Furthermore, the Client’s and/or End Client’s contractors may reproduce the Visual Content solely for the purpose of preparing the Final Product, provided such contractors agree to comply with the terms of these Conditions.
3.4 The use of the Visual Content is subject to the usage restrictions outlined in Section 4 of these Conditions.
3.5 The fee for the license of the Visual Content is based on the nature and scope of the authorization granted. As such, the Client agrees to inform Album of the intended use of any Visual Content and agrees to pay for any additional license or authorization if an extension of the original license is required.
3.6 The Client may make only one (1) high-resolution backup copy of the Visual Content for security purposes. Any additional high-resolution copies are strictly prohibited without prior written consent from Album. The Client agrees to delete or remove the Visual Content after the expiration of the license period, regardless of the form of storage used.
4.1 Prohibitions on Use: The use of the Visual Content is strictly prohibited in the following cases:
4.1.1 Illegal or Inappropriate Uses: The use of Visual Content for pornographic, defamatory, or otherwise inappropriate purposes is strictly prohibited. This includes any actions that violate the privacy or self-image of any individual or infringe upon the intellectual or industrial property rights of third parties, whether individuals or entities. Any illicit use of the Visual Content is also forbidden. For sensitive topics, including but not limited to those that could portray the subject in a negative or unfavorable light, prior written permission from Album is required.
4.1.2 Use as a Trademark or Logo: You are not permitted to use the Visual Content as part of, or in connection with, any trademark, service mark, registered trademark, logo, or any other form of identification that would infringe upon the trade names, service marks, product marks, logos, or trademarks of any third party.
4.1.3 Distribution of Derivative Works: You are not permitted to sell, license, or distribute any derivative work (referred to as the "Final Product") that includes Visual Content in a way that enables third parties to download, extract, or access the Visual Content as a stand-alone file.
4.1.4 Stand-Alone Access: The use of Visual Content in any manner that allows or facilitates third parties to download, extract, or access the Visual Content as a stand-alone file is strictly prohibited.
4.1.5 Limitations on Editorial Uses: Visual Content intended for Editorial Uses may not be used for commercial, promotional, or advertising purposes without Album's prior written permission, nor may it be altered in any way that affects its editorial integrity.
4.1.6 False Claims of Authorship: It is strictly prohibited to falsely claim authorship of a work primarily created using licensed Visual Content. For instance, you may not create a work of art solely using licensed Visual Content and then claim it as your original creation.
4.2 Restricted Uses (Unless an Additional License is Acquired): The following uses are prohibited, without Album's prior written consent and payment of an additional license fee:
4.2.1 On-Demand Products Not Permitted: The Visual Content may not be used for 'on-demand' products (such as postcards, mugs, t-shirts, calendars, posters, screensavers, or mobile phone wallpapers) unless explicit permission is granted through an invoice, sales order confirmation, or license agreement from Album.
4.2.2 Electronic Templates Not Permitted: You are prohibited from using the Visual Content in electronic or digital templates intended for resale or distribution, such as website templates, business cards, electronic greeting cards, or brochures, without specific authorization provided in an invoice, sales order confirmation, or Album license agreement.
4.2.3 Prohibition on Use for Machine Learning, Artificial Intelligence (AI), or Biometric Technology: The Visual Content, including associated subtitles, keywords, or other Metadata, cannot be used for machine learning, artificial intelligence, or biometric technology purposes, without Album's explicit prior permission. Furthermore, Album cannot guarantee that the necessary consents for such uses are available.
4.2.4 Prohibition on Exploitation of Metadata: You are prohibited from using the information contained in subtitles, keywords, accompanying text, or other Metadata separately from the Visual Content. Additionally, you may not permit third parties to access or utilize this information without explicit permission from Album.
5.1 Exclusion of Image Rights and Warranties on Authorisations: Unless expressly stated otherwise by Album in writing and given that the Client and/or End Client are the only parties aware of the specific context in which the Visual Content will be used, the Client acknowledges that Album does not grant image rights. The Client agrees that Album cannot guarantee possession of the necessary authorizations from some or all individuals appearing in the Visual Content, whether they are models or other persons. This also applies to any required authorizations for the use of names, trademarks, logos, or content associated with entities or corporations that may appear in the Visual Content.
5.2 Exclusion of Exploitation Rights on Reproduced Works: Unless otherwise agreed in writing, and considering that the Client and/or the End Client are the only parties aware of the specific context in which the Visual Content will be used, Album does not assign or guarantee ownership of exploitation rights for fine art or other creations (e.g., architectural works) that may appear reproduced in the Visual Content. Therefore, when a license is granted for the reproduction of Visual Content that includes reproductions of other works, the license applies solely to the Visual Content and does not affect any potential copyrights held by the owners of rights in pre-existing works featured within the Visual Content.
5.3 Exemption from Liability for Obtaining Authorizations: Unless expressly stipulated otherwise, Album is not responsible for obtaining the authorizations or rights mentioned in articles 5.1 and 5.2. Consequently, it is the sole responsibility of the Client and/or the End Client, with possible assistance from Album if requested, to manage and ensure the acquisition of the necessary authorizations according to the specific intended use of the Visual Content. As a result, the Client and/or the End Client shall be fully liable to Third Parties for the use of the Visual Content, thereby releasing Album from any liability in this regard.
5.4 Limitation of Liability: Album shall not be held liable for any disputes arising from the digital manipulation of the Visual Content or for any misuse, misappropriation, or unauthorized use of the Visual Content. This includes, but is not limited to, uses that are associated with texts or embedded in contexts (whether advertising, commercial, or otherwise) that may infringe upon the rights or interests of individuals, companies, or corporations. Specifically, Album shall not be responsible for any uses that could be deemed libelous, defamatory, infringing on third-party rights, or, in general, unlawful.
6.1 The Client is responsible for ensuring that all information provided on the invoice is accurate and complete.
6.2 All fees are exclusive of any applicable sales, transaction, or withholding taxes, which shall be the sole responsibility of the Client, if applicable.
6.3 In the event the Client defaults on the payment of any invoice issued by Album under this contract, late payment interest will be applied in accordance with the prevailing legislation. This interest will be calculated on any unpaid invoice starting from the day following the payment due date specified in the invoice.
7.1 The Client has the right to withdraw from the license agreement for any Visual Content within fourteen (14) calendar days without providing any reason. This right remains valid even if the Visual Content has been downloaded, provided it has not been used, reproduced, or incorporated into any material. Album grants this additional withdrawal right as a courtesy to the Client, even though the applicable regulations do not require it in this case.
7.2 To exercise the right of withdrawal, the Client must clearly communicate his/her decision to Album by submitting a request via email within fourteen (14) calendar days from the date the Visual Content was downloaded. Upon receiving this request, along with a signed statement from the Client confirming that the Visual Content has not been used, Album will refund all payments received for the license. The refund will be processed using the same payment method as the original transaction, unless otherwise explicitly agreed. If the Client is found to have violated the declaration of non-use and has, in fact, used the Visual Content, Album reserves the right to seek appropriate damages. This may include revoking the refund and pursuing any other applicable legal actions.
7.3 After the fourteen (14) calendar days, no cancellations will be accepted, and the full amount of the invoice must be paid.
8.1 Any use of Visual Content without the express authorization required under these Conditions, or in violation of any of their provisions, grants Album the right to pursue all appropriate legal actions and remedies.
8.2 The Client agrees to indemnify and hold Album harmless from any claim, damage, loss, or cost, including legal fees, arising from the improper use of the Visual Content, the failure to obtain necessary additional authorizations for its use, or any violation of the terms set out in these Conditions.
9.1 Album warrants to the Client that it holds the necessary rights to grant the license provided under these Conditions. EXCEPT AS SPECIFIED IN THIS SECTION, ALBUM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE VISUAL CONTENT. Furthermore, as outlined in Section 6 above, Album does not grant any rights or make any warranties concerning the use of names, trademarks, designs, or works of art or architecture depicted in any Visual Content. It is the responsibility of the Client and/or End Client to ensure that all necessary authorizations are obtained for the intended use of the Visual Content. While Album has made every effort to accurately represent the subject matter of the Visual Content and provide relevant information (including metadata), Album does not warrant the accuracy of such information. Album makes no other warranties, express or implied, regarding any Visual Content or any rights or licenses under this agreement, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, or warranties that the images are error-free.
9.2 The representations and warranties made by Album in these Conditions apply solely to the Visual Content as delivered by Album. They do not apply if the Visual Content is used in a manner not expressly authorized by these Conditions, or in the event of any breach of these Conditions.
9.3 To the fullest extent permitted by applicable law, Album, including its officers, directors, agents, employees, partners, licensors, or distributors, shall not be liable for any indirect, consequential, or incidental damages, or lost profits arising from the use or inability to use any Visual Content, provided such damages are not the result of willful misconduct or gross negligence. In any case, Album's liability shall be limited to the amount paid by the Client for the license of the Visual Content that caused the damage, unless otherwise required by law.
10.1 These Conditions constitute the entire agreement between the parties regarding the rights granted for the Visual Content. None of its terms or conditions may be modified or added to unless done in writing and with the consent of both parties. Any waiver by Album of any provision of these Conditions shall not be valid or binding unless it is in writing. Such a waiver will apply only to the specific subject matter described in that document and shall not prejudice Album's rights in any other respect or at any other time. The mere possession and/or use of the Visual Content by the Client or End Client shall constitute acceptance of these terms and conditions.
11.1 If any provision of these Terms is or becomes invalid or unenforceable under applicable law, such provision shall be ineffective only to the extent of such invalidity and shall not affect any other provision of these Terms.
12.1 ALBUM ARCHIVO FOTOGRÁFICO, S.L. acts as the Data Controller for the processing of personal data, as identified in the header of this contract.
12.2 At Album, we process the personal data provided by data subjects for the following purposes, based on the corresponding legal grounds:
12.3 The recipients of personal data may include the Justice Administration, the Tax Authorities, or Financial Institutions, where applicable.
12.4 No international transfer of personal data is foreseen.
12.5 Data will be retained for the duration of the contract and, in any event, for the statutory periods during which any liability may arise. For promotional communications sent by electronic means, data will be retained until the data subject objects to the processing, or until the termination of the relationship between the parties, whichever occurs first.
12.6 The data subject has the right to access, rectify, erase, object and port their data, as well as the right to restrict processing and withdraw consent, if applicable, at any time. In cases where commercial communications are based on the legitimate interest of the Data Controller, the data subject may object to the processing of their data for this purpose. These rights can be exercised by contacting us at the following email address: album@album-online.com or via postal mail at Juan de Austria 126, 08018 Barcelona, Spain. No decisions based solely on automated processing, including profiling, will be made in relation to personal data.
12.7 If you believe that your rights regarding the protection of personal data have been violated or have not been adequately addressed, you may lodge a complaint with the competent supervisory authority via the website: https://www.aepd.es/es.
12.8 The personal data processed originates directly from the data subject or, where applicable, from the Client’s representative or another natural person involved in the fulfillment of these Conditions. The information to be provided for such individuals is limited to contact details. The Client represents and warrants that, prior to disclosing any personal data of individuals related to the performance of these Conditions (other than the person signing on their behalf, who is hereby informed about Album’s processing of their data), the Client has informed those individuals of: i) the disclosure of their personal data to Album for the purposes described in these Conditions; ii) the specific personal data to be disclosed; and iii) Album’s identity and address. The Client agrees to indemnify and hold Album harmless for any breach of this obligation.
12.9 Additional Information: You can obtain more information about how your personal data is processed by contacting us at album@album-online.com.
13.1 These Conditions and all matters referred to in them shall be governed by and construed in accordance with Spanish law (without regard to the rules of private international law relating to conflicts of law), and any disputes arising out of their application shall be heard only in the courts having jurisdiction in Barcelona, Spain.