Preamble

By pressing the "Accept and Download" button located by each image to initiate download, or by circumventing the normal download process and obtaining the images, User hereby indicates User's complete and unconditional acceptance of all the terms and conditions of this Agreement, including each and all of the Addendums attached to this Agreement. This Agreement constitutes the complete agreement between User and UbuStock with regard to User's access, download, and/or use of Content except in the case where User has a version of the Agreement signed by both parties, in which case the signed agreement will supersede this Agreement. Except for any signed agreement between UbuStock and User, this agreement supersedes and replaces any other agreement that was or will be presented at the time of content acquisition.

If User does not agree to the terms of this Agreement, User must not select the "Accept and Download" button. User acknowledges and agrees that UbuStock may update, amend, and/or modify this Agreement from time to time and that, by continuing to use UbuStock’s website, services and Content, the User agrees to be bound by all such updates, amendments, and/or modifications. It is the User’s responsibility to review this Agreement in connection with any use of UbuStock’s website, services and Content after the User’s initial acceptance of this Agreement. If the User does not intend to be bound by any updates, amendments, or modifications of this Agreement, the User should cease and desist from any further use of UbuStock’s website, services and Content and/or terminate the User’s acceptance of this Agreement in the manner provided below.

The online UbuStock store offers for sale a license to Content owned or licensed by UbuStock and/or a license to Content owned or licensed by third-party artists ("Artist"). In this Agreement, "UbuStock Content" shall refer to Content owned solely by UbuStock or to libraries licensed by UbuStock; "Artist Content" shall refer to Content owned solely by an Artist or to libraries licensed to Artists; and "Content" shall refer to both UbuStock Content and Artist Content; While "UBU" shall refer to UbuStock and UbuRed.

1.0 General License Agreement.

Content License. UbuStock grants to User and User hereby accepts, subject to the limitations and obligations of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable license to use the Content, duly obtained by payment of all applicable license fees, as permitted, and in accordance with, the terms of this Agreement. UbuStock hereby reserves any and all rights not otherwise explicitly granted herein.

2.0 A

The Agreement, as supplemented by this Addendum 4.0, applies to and governs the rights and duties of the parties hereto with respect to images, text, video, and other materials uploaded by User, or by an authorized representative of User or any other person using User’s equipment, internet connection or other communications protocols, to any of the websites, social media accounts, blogs or other Internet-based sites or accounts owned or operated by UbuStock (collectively, the "Sites"). Such images, text, video, and other materials shall be collectively referred to hereinafter as the "User Creative".

By pressing the "Accept" button below or by uploading User Creative to any of the Sites, User hereby indicates User's complete and unconditional acceptance of all the terms and conditions of the Agreement and this Addendum 4.0. The Agreement and this Addendum together constitute the entire agreement between User and UbuStock with respect to the User Creative.

If User does not agree to the terms of the Agreement and this Addendum 4.0, User must not select the "Accept" button below or upload any User Creative to the Sites.

License to Use the User Creative. User hereby grants to UbuStock a worldwide, royalty-free, non-exclusive license to use the User Creative ("Right to Use") as follows:

to store, backup, copy, transfer, publicly display and exhibit the User Creative, or any part of the User Creative, digitally, as well as through other mediums such as print or video, including, but not limited to, displaying the User Creative on any of the Sites; and

to modify, adapt, change, create derivative works, or otherwise alter the User Creative, or to incorporate the User Creative into one or more combined work(s) with images, text, video, or other materials submitted by other UbuStock users or with other elements (each a "Combined Work").

Ownership. Under this Addendum 4.0, UbuStock acquires only a right to use the User Creative pursuant to the terms hereof, and does not acquire any title or ownership of the User Creative. Except as provided in this Addendum 4.0, User retains all rights in, title to, and ownership of the User Creative. Other than its rights in the User Creative, User shall have no right, title, ownership or other interest in any Combined Work. User acknowledges and agrees that just because Combined Work might have made use of, or taken inspiration from, User Creative, it does not mean the final Combined Work contains any User Creative. For the avoidance of doubt, User has no right, interest, or title in or to any Combined Work except for any User Creative, or derivative User Creative, that is otherwise separable and/or non-transformative.

Term and Termination of the Right to Use.

Representations and Warranties. User hereby represents and warrants that:

The User Creative does not infringe, misappropriate or violate any rights of any third party, including, but not limited to, any trademark, copyright, patent, trade secret, right of privacy or publicity, moral rights or other similar rights.

Indemnification. User shall defend, indemnify and hold UbuStock harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of or relating to (i) any actual or alleged infringement, misappropriation or violation by the User Creative of a trademark, copyright, patent, trade secret, right of privacy or publicity, moral rights or other right of any third party; or (ii) any breach by User of the representations and warranties contained in this Addendum 4.0 above. This Section shall survive any expiration or termination of the Agreement or this Addendum.