SKF IMAGE LICENSING TERMS AND CONDITIONS
Last Updated: 11 February 2025
1. Introduction
1.1 Purpose of this Agreement. These Image Licensing Terms and Conditions (the “Agreement”) govern the usage of images, photographs, illustrations, AI-generated works, captions, metadata, watermarked previews, videos, and any other associated files (collectively, the “Content”) provided by the Samir Kassir Foundation (“SKF”). By accessing or using the Content, you agree to be bound by the provisions of this Agreement as well as all applicable Lebanese laws, including but not limited to Law No. 81/2018 (Electronic Transactions and Personal Data Law), IP Law No. 75/1999 (Intellectual Property, including Digital Rights Management), and Law No. 659/2005 (Consumer Protection), as amended from time to time.
1.2 Parties.
- SKF: The Samir Kassir Foundation and its authorized affiliates, including the SKeyes Center for Media and Cultural Freedom.
- You: Any individual, organization, or entity obtaining a license—whether free or paid—to use the Content from SKF’s website or any authorized third-party platform (the “Website”).
1.3 Acknowledgment of Lebanese Law
This Agreement is expressly subject to and incorporates the requirements of Lebanese law, including without limitation the statutes and regulations set forth in Section 1.1. Any disputes, challenges, or interpretations of this Agreement shall be resolved in accordance with Lebanese law (see Section 18).
2. Definitions
2.1 “Content”. All images, photographs, illustrations, AI-generated or AI-altered materials, captions, metadata, previews (watermarked or otherwise), videos and related files provided by SKF.
2.2 “License”. Any rights granted to you by SKF to use the Content, which may include a free Watermarked/Preview License, a Standard License, an Enhanced License, or an Editorial License.
2.3 “AI Content”. Content that has been created, partially generated, or substantially modified by artificial intelligence (AI) tools or software.
2.4 “Photographer”. The original creator or rights holder of the Content, or an authorized representative thereof.
2.5 “Website”. SKF’s official digital platform or any other authorized platform through which SKF makes the Content available for licensing.
2.6 “Territory”. Unless otherwise restricted, the License is valid worldwide, subject to compliance with all applicable laws, including the laws of Lebanon.
2.7 “Watermark”. Any visible text or graphic placed over Content to indicate ownership or licensing status, often used in previews or free licenses to protect intellectual property rights.
3. Agreement Acceptance & Electronic Signatures
3.1 Electronic Signature Compliance (Law No. 81/2018). By clicking “I Agree,” “Accept,” or taking any equivalent affirmative action on the Website, you acknowledge and agree that such action constitutes your valid and legally binding electronic signature under Lebanese Law No. 81/2018 on Electronic Transactions and Personal Data, as applicable.
3.2 Eligibility. You represent and warrant that (a) you are at least 18 years of age or the age of majority in your jurisdiction; and (b) you have the legal authority to enter into and be bound by this Agreement on behalf of yourself or any entity you represent.
3.3 Binding Nature. If you do not agree with any provision of this Agreement, you must cease using the Content and the Website immediately. Continued use signifies your acceptance of all terms and conditions herein.
3.4 Amendments. SKF may update or modify this Agreement by posting a revised version on the Website. Your continued use of the Content after such posting constitutes acceptance of any changes.
4. Free Watermarked/Preview License
4.1 Scope of License.
- You may save watermarked images at no charge for internal evaluation, comp/mock-up purposes, or personal reference only.
- You must not remove or obscure any watermark or proprietary notice indicating SKF or Photographer ownership.
4.2 Usage Restrictions
- No Commercial Use: You may not use watermarked images in any commercial, revenue-generating, or promotional material.
- No Derivatives for Public Use: You may not create derivative works for public or commercial use based on watermarked Content.
4.3 Duration
This free license remains in effect for internal use until you obtain a paid license or otherwise cease to possess or use the Content.
5. Paid License Types
5.1 Standard License
5.1.1 Permitted Uses
- Non-commercial, editorial, or limited commercial usage: blogs, websites, social media posts, educational materials, or corporate presentations, subject to any stated print-run or distribution cap.
- Minor modifications (resizing, cropping, etc.) that do not harm the essence of the Content or the Photographer’s reputation.
5.1.2 Restrictions
- Print runs or digital impressions may be limited; refer to your specific purchase details.
- No use in merchandise or products for resale.
- Must comply with all applicable Lebanese laws, including but not limited to IP Law No. 75/1999.
5.2 Enhanced License
5.2.1 Permitted Uses
- High-volume commercial applications, including large-scale advertising campaigns, product packaging, in-store displays, and merchandising.
- Incorporation of the Content into items intended for resale (e.g., T-shirts, souvenirs, or other derivative products).
5.2.2 Restrictions
- No direct resale or sub-licensing of the Content as a standalone file (e.g., uploading to a stock image platform).
- Use the Website to operate a third-party file storage service, photography business, or any other commercial service without the explicit consent from SKF.
5.3 Editorial License
5.3.1 Permitted Uses
- Newspapers, magazines, news websites, and other editorial contexts related to events or issues of public interest.
- No broad commercial exploitation outside the editorial context.
5.3.2 Restrictions
- Content must be used truthfully to illustrate a topic in the public domain; no manipulation likely to mislead viewers.
- Proper attribution (see Section 10) is mandatory.
Exclusive License
Permitted Uses
Exclusive rights to use the Content for commercial, editorial, or personal purposes, as specified in the license agreement.
Unlimited print runs, digital impressions, and advertising campaigns across all media.
Use in merchandise, product packaging, and any other derivative works intended for resale.
Right to modify the Content as needed, provided modifications do not harm the essence of the Content or the Photographer’s reputation.
Restrictions
The licensee gains exclusive usage rights, and the Content will not be licensed to any other party for the duration of the agreement.
The licensee may not resell, sublicense, or transfer the Content as a standalone file or part of a stock photography database.
The Photographer retains copyright ownership unless explicitly transferred in a separate agreement.
Must comply with all applicable Lebanese laws, including but not limited to IP Law No. 75/1999.
6. Data Protection & Privacy (Law No. 81/2018)
6.1 Compliance with Law No. 81/2018
SKF handles any personal data in compliance with Lebanese Law No. 81/2018. This includes data collected during account registration, payment processing, or communications between you and SKF.
6.2 Data Usage
- Any personal data you provide will be used solely for the purpose of fulfilling this Agreement, verifying your identity, processing payments, and maintaining required records.
- SKF implements technical and organizational measures to protect your personal data from unauthorized access, alteration, disclosure, or destruction.
6.3 Your Obligations
If you provide any personal data of third parties (e.g., credit card details of corporate sponsors), you represent and warrant that you have obtained all necessary consents under Law No. 81/2018 and any other applicable data protection legislation.
6.4 Privacy Policy
For more details on data collection and usage, please refer to SKF’s Privacy Policy, which is incorporated by reference into this Agreement.
7. Digital Rights Management (IP Law No. 75/1999)
7.1 No Circumvention of DRM
You shall not remove, deactivate, bypass, or otherwise circumvent any digital rights management (DRM) tools, watermarking, or other technical measures implemented by SKF or its licensors to protect the Content.
7.2 Integrity of the Content
Under IP Law No. 75/1999, any alteration of digital copyright management information or unauthorized distribution of DRM-protected Content may result in civil and/or criminal liability.
7.3 Metadata Preservation
You must not remove or alter any metadata (e.g., photographer credit, IPTC data) embedded in the Content. Unauthorized alteration of metadata could violate Lebanon’s intellectual property and e-transactions laws.
8. Consumer Protection Disclosures (Law No. 659/2005)
8.1 Right to Information
In accordance with Law No. 659/2005, SKF is obligated to provide you with clear and comprehensive information regarding the nature of the Content, applicable license fees, and any restrictions on usage. By entering into this Agreement, you acknowledge that SKF has provided such information in a clear and accessible format.
8.2 Refund Policy
- Refunds for Paid Licenses are limited to instances where the Content is found to be technically defective or materially misrepresented.
- Requests must be made in writing within seven (7) days of purchase, with sufficient evidence of the defect or misrepresentation.
- All refunds are at SKF’s sole discretion, except as otherwise mandated by Lebanese consumer protection law.
8.3 Complaints & Dispute Resolution
If you believe any provision of this Agreement or SKF’s services violates your rights under Law No. 659/2005, you may contact SKF’s customer service department at ------- @samirkassirfoundation.org . If the dispute remains unresolved, you may pursue legal remedies under Lebanese law.
9. General Usage Restrictions
9.1 No Sensitive or Unlawful Use
Content may not be used in any manner that is defamatory, obscene, libelous, fraudulent, or otherwise unlawful, or that promotes hatred, violence, or discrimination.
9.2No Implied Endorsement
You may not use the Content in a way that implies endorsement by SKF, the Photographer, or any individual depicted in the Content without explicit written consent.
9.3 Model/Property Releases
Unless specified, SKF does not guarantee that any image includes a model release or property release.
10. Credits and Attributions
10.1 Mandatory Credit Line
For all editorial or public-facing uses, you must include a credit line such as:
> © [Photographer Name] / SKF
10.2 AI Content Disclosure
If the Content is AI-generated or AI-modified, you may be required to add a disclaimer (e.g., “This image was generated/modified using AI tools.”) to avoid misleading users.
10.3 No Removal of Embedded Notices
You may not remove or alter any copyright notices, watermarks, or metadata embedded in the Content.
11. Payment Terms
11.1 Fees
License fees for Paid Licenses (Standard, Enhanced, Editorial) are displayed at the time of purchase and vary based on usage rights, resolution, print runs, and other factors.
11.2 Taxes & Duties
All fees are exclusive of any VAT, sales tax, or other applicable levies, which you must pay in addition to the stated price.
11.3 Methods of Payment
SKF accepts payment methods displayed on the Website (e.g., credit card, PayPal). Full payment is required before you gain access to the non-watermarked Content. You represent and warrant that you have the legal right to use any credit card, bank account, or other payment method you provide.
11.4 Unauthorized Use Fees
If SKF discovers unlicensed or unauthorized use, SKF may invoice you for up to 300% of the original license fee, in addition to any legal or equitable remedies available.
12. Representations and Warranties
12.1 By You
You represent and warrant that:
- You have the legal authority to enter into this Agreement, including under Law No. 81/2018.
- All information provided during registration or purchase is accurate and current.
- Your use of the Content will comply with all applicable Lebanese laws and regulations.
12.2 By SKF
SKF warrants that it has the necessary rights to license the Content and that, to the best of SKF’s knowledge, the Content does not infringe the rights of third parties. Except as stated, SKF disclaims all other warranties to the maximum extent permitted by law.
13. Indemnification
13.1 Scope
You agree to defend, indemnify, and hold harmless SKF, its affiliates, employees, agents, and licensors from any and all third-party claims, damages, liabilities, and costs (including legal fees) arising out of:
- Your breach of this Agreement;
- Your unauthorized use of the Content; or
- Your failure to secure additional releases if required by law.
13.2 Notification
SKF will notify you in writing of any claim for which indemnification is sought and will provide reasonable cooperation (at your expense) in defending such a claim.
14. Limitation of Liability
14.1 Disclaimer of Warranties
EXCEPT AS EXPLICITLY PROVIDED UNDER LEBANESE LAW, SKF PROVIDES ITS SITES, APPS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, SKF DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.2 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE SITES, APPS, OR SERVICES. IF ANY LIABILITY CANNOT BE EXCLUDED BUT MAY BE LIMITED, OUR LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU HAVE ACTUALLY PAID TO SKF FOR THE APPLICABLE PRODUCT OR SERVICE.
14.3 Jurisdictional Variations
If any limitation of liability is unenforceable in a particular jurisdiction, it shall be construed to the maximum extent permissible under Lebanese law.
15. Termination
15.1 Term
This Agreement remains effective as long as you retain any licensed Content, unless terminated sooner as set forth in this Section.
15.2 Termination by SKF
SKF may terminate your License or this Agreement with immediate effect if:
- You breach any material term of this Agreement; or
- You fail to pay due fees; or
- SKF reasonably believes you are engaged in fraudulent or illicit activity.
15.3 Post-Termination Obligations
Upon termination, you must cease all use of the Content and promptly delete or destroy all copies. Any provisions intended to survive termination (e.g., indemnification, limitation of liability, IP rights) shall remain in effect.
16. Audit and Compliance
16.1 Right to Audit
SKF or its authorized agent may audit your records, upon reasonable notice and at SKF’s expense, to verify compliance with this Agreement.
16.2 Audit Remedies
If an audit reveals unauthorized use or underpayment, you must promptly cure the deficiency and reimburse SKF for the cost of the audit. SKF may also pursue any additional remedies available under Lebanese law.
17. Force Majeure
SKF shall not be liable for delays, interruptions, or failures in performance resulting from events beyond its reasonable control, including but not limited to acts of God, strikes, governmental actions, warfare, terrorism, cyber-attacks, or natural disasters.
18. Governing Law and Dispute Resolution
18.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the Republic of Lebanon, including (but not limited to) Law No. 81/2018, IP Law No. 75/1999, and Law No. 659/2005.
18.2 Jurisdiction
Any dispute shall be subject to the exclusive jurisdiction of the courts in Beirut, Lebanon. Before initiating legal action, the parties shall attempt good-faith negotiation or mediation.
19. General Provisions
19.1 Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
19.2 Entire Agreement
This Agreement, along with any invoice or additional policies referenced herein (including SKF’s Privacy Policy), constitutes the entire understanding between you and SKF regarding the licensing of Content.
19.3 No Waiver
Failure by SKF to exercise any right or enforce any provision under this Agreement does not constitute a waiver of future enforcement of that right or provision.
19.4 Assignment
You may not assign or transfer this Agreement or any License to any third party without SKF’s prior written consent. SKF may freely assign or transfer this Agreement.
19.5 Headings
Section headings are for convenience only and have no legal effect on interpretation.
20. Contact Information
Should you have any questions, concerns, or require notices under this Agreement, please use the following contact details:
Samir Kassir Foundation (SKF)
ADDRESS
Email: --- @samirkassirfoundation.org
Website: samirkassirfoundation.org
By accessing, downloading, or otherwise using any Content from SKF, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, including all referenced Lebanese laws.
© [Year] Samir Kassir Foundation. All Rights Reserved.
