Licensing – Terms and Conditions

On this website you will find basically two types of licensing: Commercial and Editorial. Both types of licenses are offered with different file sizes (small, medium or full size JPEGs) and allow you to use the purchased media in one design through the terms described below. For each file in store there’s also available an Extended version (named “Extended JPEG”), which expands your rights in terms of types and quantities of reproductions permitted, namely the ability to use the file in items that are meant for resale. Editorial images may not be used for commercial or marketing purposes.

Please refer to the license agreement below for detailed informations about the licenses offered on this website. If you don’t feel like going throughout the full license agreement, you can have a quick view of the main differences between the licenses by looking at this table.

Commercial License

Subject to the restrictions described under Prohibited Uses below, the following are ‘Permitted Uses’ of media purchased under Commercial License:

Standard (Small JPEG, Medium JPEG, Full Size JPEG)

This license grants you the right to use images:

  1. As a digital reproduction, including on websites, in online advertising, in social media, in mobile advertising, mobile “apps”, software, e-cards, e-publications (e-books, e-magazines, blogs, etc.), and in online media (including on video-sharing services such as YouTube, Dailymotion, Vimeo, etc., subject to the budget limitations set forth in sub-paragraph I.a.i.4 below);
  2. Printed in physical form as part of product packaging and labeling, letterhead and business cards, point of sale advertising, billboards, CD and DVD cover art, or in the advertising and copy of tangible media, including magazines, newspapers, and books provided no Image is reproduced more than 500,000 times in the aggregate;
  3. As part of an “Out-of-Home” advertising campaign, provided the intended audience for such campaign is less than 500,000 gross impressions.
  4. Incorporated into film, video, television series, advertisement, or other multimedia productions for distribution in any medium now known or hereafter devised (each a “Production”), without regard to audience size, provided the budget for any such Production does not exceed USD $10,000;
  5. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind).

Extended (Extended JPEG)

Extended files grant you the right to use images:

  1. In any manner permitted under a Standard License, without any limitation on the number of reproductions, impressions, or budget;
  2. Incorporated into merchandise intended for sale or promotional distribution (collectively “Merchandise”), including, without limitation, textiles, artwork, magnets, wall-art, calendars, toys, stationery, greeting cards, and any other physical reproduction for resale or distribution, provided that such Merchandise incorporates material creative or functional elements apart from the Image(s).
  3. In wall art (and without requiring further creative or functional elements) for decorative purposes in a commercial space owned by you or your client, and not for sale. 
  4. Incorporated as elements of digital templates for sale or distribution.
  5. invitations, advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards up to an unlimited number of prints;
  6. entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations up to an unlimited number of prints;
  7. prints, posters (i.e. a hardcopy) and other reproductions for personal or promotional purposes, resale, license or other distribution up to an unlimited number of prints;
  8. in themes, skins and other electronic software meant for resale limited to a maximum of 480,000 total pixels (for example: 600px x 800px) per media file where un-edited.

Editorial License

Images labeled “Editorial Use Only” cannot be used for commercial purposes. An editorial image can only be used to illustrate a news-related story – therefore not to sell or promote a product, service or idea. Editorial images are most popular with journalists and news outlets. These photos are normally taken in public places, and usually contain recognizable people and places without model or property releases in place. Editorial photos can also be used for educational purposes, as long as the information presented is educational or factual in nature, such as in a textbook or encyclopedia. Other media where you can use “editorial use only” images are newspapers, news broadcasts and other non-commercial applications.

As per Commercial Licenses, also Editorial Licenses on this website are offered in Standard (Small Editorial JPEG, Medium Editorial JPEG, Full size Editorial JPEG) or Extended version (Extended Editorial JPEG): a Standard Editorial license grants you the right to use the images for a maximum 500,000 physical reproductions – i.e. books and magazines – while an Extended Editorial license covers an unlimited number of physical reproductions.

Furthermore, the use of Standard Editorial images requires a specific credit/copyright attribution (© Marco Rubino), while in Extended Editorial images this is required only if and where reasonable.

Both Commercial and Editorial licenses permit you to use the purchased media in one project only. For use in multiple projects, additional licenses may be required. An exception to this rule is if an image is used in an editorial capacity with a duplicate article both in print and online; one license permits you to use the same image in both mediums.

Prohibited Uses

  • install and use the downloaded file in more than one location or post a copy of the file on a network server or web server for use by other users;
  • sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the file or the rights granted under these terms;
  • use any of the files as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo;
  • use files identified as “Editorial Use Only”, for any commercial, promotional, endorsement, advertising or merchandising use. For clarification, in this Agreement “Editorial Use Only” of files means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);
  • remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the file;
  • use the downloaded file in a fashion that is considered under applicable law to be pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the file into disrepute;
  • use the downloaded file in a way that places any person depicted in the file in a bad light or in a way that they may find offensive – this includes, but is not limited to, the use of images: a) in pornography, “adult videos” or the like; b) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; and c) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use files containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;
  • use the downloaded file in a manner that competes with the business of this website including, but not limited to, displaying files in any format (including thumbnails) for download or export on a website or offering the file for sale;
  • use the file for editorial purposes without including the following credit adjacent to the file or in audio/visual production credits: ‘© Marco Rubino‘;
  • incorporate the downloaded file in any product that results in a re-distribution or re-use of the file or is otherwise made available in a manner such that a person can extract or access or reproduce the item as an electronic file;
  • to the extent that source code is contained within the file, reverse engineer, decompile, or disassemble any part of such source code;
  • use or display the downloaded file in an electronic format that enables it to be downloaded, exported or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;
  • use or display the downloaded file in such a manner that gives the impression that the file was created by you or a person other than the copyright holder of the file.

Please note that by purchasing a license to use the media on this site, you acknowledge that no transfer of copyright exists, and you are purchasing a license to use the media as per the terms set out in this agreement.

For any uses not listed here, or for questions regarding licensing please contact me.