LAST UPDATED: January 2022
What types of licenses can you acquire? You can license content in 3 different ways: Standard RF license, Extended License, Editorial License. When you add to the cart you have to pick up the type of license available you want to purchase. An extended license gives you additional rights in exchange for an additional license fee. Unless you purchase an extended license, your use of content is subject to the standard license.
The content on this site is subject to different prices and also a price variation at the discretion of Cristian Baitg Schreiweis. There can be different prices among the same type of license. There are some premium images that have attached a Standard or editorial license but are more expensive than the rest of the collection. The price is always clearly visible the moment before adding it to the shopping cart and at the check out/ payment time.
Some of the images at this site www.cristianbaitg.com are not available to license in any form. They might be already represented exclusivelly in other agencies or just not available for license for different reasons. those images cannot be added to the shopping cart.
You are welcome to use any content with watermarks from this site for test or sample layout or composite use only. Watermarked content cannot be used in any final materials or any publicly available materials and may only be used for the 60 days following download.
5. How can I use licensed content? You may use content in any way that is not restricted (see Restricted Uses below). Subject to these restrictions and the rest of the terms of this agreement, the rights granted to you by Cristian Baitg Schreiweis are: Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement. Non-exclusive, meaning that you do not have exclusive rights to use the content. Cristian Baitg Schreiweis can license the same content to other customers. Worldwide, meaning content can be used in any geographic territory. Unlimited, meaning you can use the content in an unlimited number of projects and in any media by one user, unless an extended license is bought.For purposes of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, perform, display, broadcast, publish, or otherwise make use of.
6 Restricted Uses.
You may not use content in a pornographic, defamatory or any other unlawful manner, or in violation of any applicable regulations or industry codes.
You may not use the content for ads for adult entertainment or similar clubs and escort or dating services.
No Commercial Use of "Editorial Use Only" Content. You may not use content marked "editorial use only" for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses or merchandising purpose. This type of content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics (for example, in a blog, textbook, newspaper or magazine article).
No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use). No Use in Trademark or Logo. Unless you purchase a custom license , you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content.
Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must indicate: 1- that the content is being used for illustrative purposes only, and 2- any person depicted in the content is a model. For example, you could say: "Stock photo. Posed by model." No disclaimer is required for "editorial use only" content that is used in an editorial manner. No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. No political campaigns. Images may not be used for political campaigns or political ads
Uses for Tobacco promotions are not allowed.
Restricted Uses - Products for resale and Electronic templates unless an extended license is purchased.
Extended License gives the right for up to 1500,000 postcards, greeting cards or other cards, stationery, stickers and paper products; up to 20,000 posters, calendars or other similar publications, mugs or mousepads; or Up to 4000 t-shirts, sweatshirts, or other apparel, games, toys, entertainment goods like CDs or DVDs, framed or mounted artwork. Unlimited for electronic products such as mobile applications and electronic templates. No Electronic Templates. Unless you purchase an extended license, you may not use content in electronic or digital templates intended for resale or other distribution (for example,business card templates,website templates, electronic greeting card templates, brochure design templates).
No Products for Resale. Unless you purchase an extended license, you may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items,calendars, paper products, apparel items, posters (printed on any media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes "on demand" products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle dot com and cafepress dot com). Limited print run. Unless you purchase an extended license, you may not reproduce the content more than 500,000 times in physical print form. This restriction does not apply to electronic reproduction. No Machine Learning, AI, or Biometric Technology Use. Unless expressly authorized you may not use content (including any caption information, keywords or other metadata associated with the content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed for or intended for the identification of natural persons. Additionally, Cristian Baitg Schreiweis does not warrant that consent has been obtained for such uses with respect to model-released content.
Who, besides me, can use the licensed content? The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are two exceptions: Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
Number of Permitted Users for Standard License: The standard license or Editorial License is for a single user. You may share content within your single legal entity but the content may only be available to one person at any one time. Unless you purchase an extended license, you may not store the content on a server (giving more than one person simultaneous access to the content).If you need more than a single user to access the conten you must purchase an extended license.
7 .Intellectual property rights.
Who owns the content? All of the licensed content is owned by Cristian Baitg Schreiweis who supplies the content. All rights not expressly granted in this agreement are reserved by Cristian Baitg Schreiweis. Attribution. Do I need to include a photo credit? You do not need to include a photo credit for commercial use, but if you are using content for editorial purposes, you should include if possible the following credit adjacent to the content or in visual production credits: "Cristian Baitg" or "Cristian Baitg Schreiweis" Do I need to include a video credit? Yes, if technically feasible, you must include the following credit in visual productions: "Cristian Baitg"
7.1 Termination/Cancellation/Withdrawal. Termination. This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. Cristian Baitg Schreiweis may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to Cristian Baitg Schreiweis in writing that you have complied with these requirements. Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall terminate immediately. Refunds/Cancellation. File Download Refunds - Cristian Baitg Schreiweis does not offer refunds for downloaded files. File returns will only be considered based on technical issues with the file at the sole discretion of Cristian Baitg Schreiweis. Content Withdrawal. Cristian Baitg Schreiweis may discontinue licensing any item of content at any time in its sole discretion. Upon notice from Cristian Baitg Schreiweis, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Cristian Baitg Schreiweis may be liable, it will be mandatory to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise.Cristian Baitg Schreiweis will provide you with replacement content free of charge, subject to the other terms of this agreement or if not possible refund you for the license fee you paid for the affected content.
8. Representations and Warranties.
Cristian Baitg Schreiweis makes the following representations and warranties: Warranty of Non-Infringement. Except with respect to content identified as "editorial use only," your use of the content in accordance with this agreement and in the form delivered by Cristian Baitg Schreiweis will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content. "Editorial Use Only" Warranty Disclaimer. For content identified as "editorial use only," Cristian Baitg Schreiweis warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as "editorial use only," and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as "editorial use only," and that some jurisdictions provide legal protection against a person's image, likeness or property being used for commercial purposes when they have not provided a release. Caption/Metadata Disclaimer. While I have made reasonable efforts to correctly categorize, keyword, caption and title the content, Cristian Baitg Schreiweis does not warrant the accuracy of such information, or of any metadata provided with the content. No Other Warranties. Except as provided in the "warranty of non-infringement" section above, the content is provided "as is" without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. Cristian Baitg Schreiweis does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free.
9. Indemnification/Limitation of Liability.
Indemnification of Cristian Baitg Schreiweis by you. You agree to defend, indemnify and hold harmless Cristian Baitg Schreiweis arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement. Indemnification of you by Cristian Baitg Schreiweis. Provided that the content is only used in accordance with this agreement and you are not otherwise in breach of this agreement, and as your sole and exclusive remedy for any breach of the warranties set forth in Section 8, Cristian Baitg Schreiweis agrees, subject to the terms of this Section, to defend, indemnify and hold harmless you, your corporate parent, subsidiaries and affiliates, and each of your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by Cristian Baitg Schreiweis of its warranty in Section 8 above. This indemnification does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by you to the content or the context in which the content is used by you. This indemnification also does not apply to your continued use of content following notice from Cristian Baitg Schreiweis, or upon your knowledge, that the content is subject to a claim of infringement of a third party's right. Cristian Baitg Schreiweis total maximum aggregate liability (meaning the total amount Cristian Baitg Schreiweis is responsible for, whether under this agreement or any other agreement for the same content) is limited to 100 € dollars per item of content. This limit applies regardless of the number of times you license the same piece of content from Cristian Baitg Schreiweis. The party seeking indemnification must promptly notify in writing the other party about the claim. The indemnifying party (the one covering the costs) has the right to assume the handling, settlement or defense of any claim or litigation, in which case the indemnified party (the one not covering the costs) has to cooperate in any way reasonably requested by the indemnifying party. The indemnifying party will not be liable for legal costs including attorney fees and other costs incurred prior to the other party giving notice of the claim for which indemnity is sought. Limitation of Liability. CRISTIAN BAITG SCHREIWEIS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF CRISTIAN BAITG SCHREIWEIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
Assignment. This agreement is personal to you and is not assignable by you without Cristian Baitg Schreiweis prior written consent. Electronic storage. You agree to retain the copyright symbol, the name of Cristian Baitg Schreiweis, the content's identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes. Governing Law/Arbitration. This agreement will be governed by the laws of Spain.
Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable. Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement. Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by Cristian Baitg Schreiweis and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply. Notice. All notices required to be sent to Cristian Baitg Schreiweis under this agreement should be sent via email to [email protected] All notices to you will be sent via email to the email set out in your account.
Taxes. You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the licensed content. Interest on Overdue Invoices. If you fail to pay an invoice in full within the time specified, Cristian Baitg Schreiweis may add a service charge of 1% per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received. Licensing Entity.
The licensing entity under this agreement is determined based on your billing address.