Imajinesia is a company that owns, provides, and/or manages the website www.imajinesia.co.id ("Site") that showcases, provides, and offers services related to licenses (as defined below) for content, including but not limited to photos, portraits, images, recordings, text, audio, video, and/or other contents ("Content").
End-User is the party that requires and intends to use creative artwork results from images or photos of an object, including but not limited to artwork results in the form of Content for use in marketing, product branding development of the End-User through Media (as defined below).
Subject to the License terms agreed upon by the Parties, Imajinesia intends to offer Content available on the Site, and the End-User intends to order and purchase Content to then be used by the End-User in accordance with the terms and conditions of these End-User Specific Terms.
Considering all the provisions in the Site Terms and Conditions as contained in [*] ("Site Terms and Conditions"), the Parties agree to the Site Terms and Conditions as follows:
The End-User has agreed to use the services and bind themselves with Imajinesia according to the types of services provided by Imajinesia.
The End-UserMerchant has read, understood, and agreed to the use and utilization of Content and is subject to all the terms and conditions of Content provision by Imajinesia as stated in the Site Terms and Conditions, which will apply with reference to these End-User Specific Terms.
Imajinesia has agreed to provide or otherwise ensure the availability of Content through the Site to be ordered and purchased by the End-User through the ordering methods and procedures specified and determined by Imajinesia on the Site ("Ordering Method") for subsequent use by the End-User in accordance with the terms and conditions of these End-User Specific Terms.
In connection with the provision and offering of Content, the End-User understands that when ordering Content through the Ordering Method, the End-User may choose a License for the Content as follows:
Regular License All Media: The End-User will receive a perpetual license, with no time limits, where the End-User only needs to make a one-time payment for Content, and obtain the transfer of rights to perpetual utilization, to be used in any Media (as defined above) without restrictions.
Regular License Digital Only: The End-User will receive a perpetual license, with no time limits, where the End-User only needs to make a one-time payment for Content, and obtain the transfer of rights to perpetual utilization, to be used limited only to digital media.
Exclusive License: The End-User will receive a perpetual license and/or for a specified period as chosen during the transaction on the Imajinesia website, where the End-User only needs to make a one-time payment for Content, and obtain the transfer of rights to utilization, to be used in any media without restrictions. Imajinesia hereby assures that the End-User is the sole user of any Content purchased under this license, where the content will be removed from the sales gallery after the End-User has completed the payment.
(Together referred to as the "License")
Subject to the fulfillment of all Site Terms and Conditions and completion of the Content ordering and purchasing process based on the Ordering Method, Imajinesia hereby agrees that the End-User has the right to use any and/or all Content ordered and purchased by the End-User for commercial purposes, advertising, publicity, and other production materials related to, or for the purpose of advertising, promoting, and publicizing products, in any and all forms and media, whether now existing or later developed, including but not limited to (i) advertising; (ii) print media (Print Ad); (iii) digital media; (iv) special packaging design; (v) POP/POSM/in-store; (vi) outdoor media (billboard, shop blind, truck branding, etc.); and/or (vii) other promotional materials (hereinafter collectively referred to as "Media"), which will be used by the End-User for its own product interests and not for marketing, resale, and/or sale to third parties.
By completing the Content ordering and purchasing process, Imajinesia acknowledges that the End-User has the right to utilize and use the Content with the condition that the End-User must ensure and make reasonable efforts to ensure that the End-User will only utilize and use 1 (one) Content in any form of Media for advertising, promotion, and/or limited publicity to 1 (one) trademark of 1 (one) product owned by the End-User. Imajinesia explicitly reserves and retains all rights to the Content under applicable laws and regulations. To avoid any confusion, the End-User understands that the provisions as included in Point 6 also apply in the event the End-User orders and purchases more than 1 (one) Content in one order and purchase based on the Ordering Method.
Without prejudice to the provisions in Point 12 below, by ordering and purchasing Content, the End-User, by such act, acknowledges and agrees that Content that has been purchased cannot be returned or canceled. The End-User hereby releases Imajinesia from any obligation and agrees that Imajinesia is not obligated to make any refunds to the End-User or cancel the Content ordered and purchased by the End-User.
In connection with the implementation of these End-User Specific Terms and the Content Offers available on the Site, Imajinesia hereby sets the Content Price (as defined below) for each Content to be displayed on the Site for the End-User's knowledge and approval. Before the End-User registers and selects an account, the End-User must first agree to and fulfill the administrative requirements as mentioned in the Site Terms and Conditions, or as requested by Imajinesia.
Upon the granting of the right to utilize and/or use all and each Content based on the License selected and agreed upon by the End-User and as set out in these End-User Specific Terms, the End-User has the obligation to make payment for each Content ordered by the End-User to Imajinesia ("Content Price") in accordance with the value and procedures displayed and agreed upon by the Parties in the Ordering Method.
Based on Imajinesia's advice approved by the End-User, Imajinesia may provide promotions to the End-User with the condition that the End-User will again give their consent to confirm acceptance of these additional promotions.
The End-User hereby understands and acknowledges that these End-User Specific Terms will apply as an integral and unified document with the Site Terms and Conditions.
All information and data, whether currently or subsequently changed, updated, or replaced, related to the End-User's personal data listed in the Account, are entirely the responsibility of the End-User. All losses, authenticity, and risks arising from the End-User's errors and/or negligence in maintaining the security and confidentiality of the Account will be borne by the End-User. In such a case, Imajinesia will consider any use of Content or access made through the End-User's Account as a legitimate request from the End-User.
In the event of losses to the End-User caused by discrepancies between the specifications of Content listed in the sales gallery on the Site with Content purchased by the End-User, the End-User hereby agrees that Imajinesia's responsibility to the End-User is limited to being liable for compensation equal to the Content Price purchased by the End-User from the Imajinesia Site.
The End-User hereby acknowledges and agrees that Imajinesia has the right to request from the End-User the final results published or produced by the End-User regarding the use of Content obtained from the Site with any License chosen by the End-User.
The End-User is fully responsible to Imajinesia for the accuracy of any use of services and/or access and/or use of services made through the End-User's Account, and the End-User hereby releases Imajinesia from any claims/suits and legal demands in any form and from any party in connection with any use of services and/or access and/or use of services made through the End-User's Account.
These End-User Specific Terms constitute the entire agreement of the Parties concerning the matters regulated in these End-User Specific Terms.
These End-User Specific Terms are made and implemented based on the applicable legal provisions and regulations in the Republic of Indonesia.
