Cathopic License (Extended)
Effective as of October 23, 2023
FIRST. DIMCONEX MEDIA (hereby, the Licensor) is a commercial company that owns the intellectual property rights pertaining to the images, photographs, designs, drawings, stills, videos, etc., (hereinafter, the CONTENT) that are hosted on the platform available at the URL www.cathopic.com (hereinafter, CATHOPIC).
SECOND. The REGISTERED USER (hereby, the Licensee) expresses its interest in obtaining the following content licensing, thereby agreeing to the following terms and conditions set by the Licensor.
THIRD. The Licensor grants to the Licensee a non-exclusive and non-transferable license to use and reproduce said content at the discretion of the Licensee. At anytime, the Licensor maintains the right to revoke license granted to the Licensee.
The license of the said content in use, detailed in this present document, will not entail in any case the transfer of intellectual or industrial property rights of the content.
FOURTH. Upon creating an account on the platform, the Licensee may choose to subscribe to either a license pertinent to Cathopic Free Subscription Plan or Cathopic PRO Subscription Plan.
In both cases, the subscription will be made monthly or annually, automatically extendable for equal periods if neither party expresses its desire not to renew the subscription 15 days prior to the expiration date, regardless of whether or not the download of the content is made.
Cathopic Free Licensing Terms: This license grants the Licensee the right to use and reproduce images and photographs only existing in Cathopic Free Subscription Plan that are considered "free".
In this case, the Licensee is not subject to pay the Licensor for said content, nor is the Licensee subject to the terms, conditions, and obligations further detailed in this document.
The PRO license of use will grant the licensor the right to be able to use and reproduce all the existing content in CATHOPIC, in exchange for a monthly amount or a subscription payment.
The PRO license of use has various subscription plans, with the following download limits:
- Bronze: maximum 10 downloads per month.
- Silver: maximum 25 downloads per month.
- Gold: maximum 50 downloads per month.
- Platinum: maximum 150 downloads per month.
In the event that the licensee does not make use of all the available downloads during the month, the unused downloads will be accumulated to the available ones of the following month and so on.
Despite what was stated above, unused and accumulated downloads may not exceed twice the number of monthly downloads according to the subscription plan contracted by the licensee. In other words, in the case of contracting a bronze subscription, with a maximum number of 10 monthly downloads, the number of unused downloads accumulated in the following months may not exceed 20 (10 downloads of the contracted plan and 10 accumulated downloads).
At the time of making the PRO subscription, the licensee will choose the plan they want, being able to change the plan at any time.
If the licensee wishes to contract a personalized plan, with a number of different downloads, they must request it from the licensor through the email [email protected].
The price of the PRO user license will be determined by the licensor in US dollars, payable by debit or credit card for months in advance. The licensee may opt for any of these means of payment at the time he registers and registers with CATHOPIC.
In the event that the licensee contracts the monthly PRO subscription, the payment will be made monthly, depending on the contracted plan. The prices of the different plans are as follows:
- Bronze: $49 per month.
- Silver: $89 per month.
- Gold: $129 per month.
- Platinum: $149 per month.
In the event that the licensee contracts the annual PRO subscription, the payment will be made in advance monthly payments, depending on the contracted plan. The prices of the different plans are as follows:
- Bronze: $29 per month.
- Silver: $59 per month.
- Gold: $99 per month.
- Platinum: $119 per month.
In the event that the licensee does not wish to continue with a Cathopic PRO plan of any subscription, they may keep content downloaded from Cathopic PRO on their computer or device but only for private use. Licensee does not have permission to use Cathopic PRO content in a public manner after terminating their subscription.
Content downloaded from Cathopic PRO that has been published (printed or digital) in a newsletter, social media, campaign, or promotion in any way may remain, but to be reproduced in the future the licensee will need to renew the Cathopic PRO subscription.
The licensee who infringes the intellectual property rights, the Cathopic license, and the terms/conditions of service of this agreement, is subject to the consequences detailed below.
FIFTH. The Licensee, for both Cathopic Free Subscription Plan or Cathopic PRO Subscription Plan, is granted terms and services on an exclusive basis, and is strictly prohibited from transferring subscription or re-assigning to third parties.
In addition, the Licensee, for both Cathopic Free Subscription Plan or Cathopic PRO Subscription Plan, is NOT granted ownership of the intellectual property rights existing on Cathopic content nor possess the right to transfer these rights to a third party. Intellectual property rights are maintained by the Licensor.
Content available through the Cathopic Free Subscription Plan may be used for commercial purposes. If the Licensee desires to utilize content available through the Cathopic PRO Subscription Plan for commercial or branding purposes, the Licensee may contact the Cathopic team for permissions and details through our contact form: https://cathopic.com/support.
SIXTH. Cathopic PRO Subscription Plans are renewed automatically based on the selection of the Licensee, unless either party (Licensor or Licensee), expresses a desire in writing not to renew their subscription. This writing express to terminate a subscription must be send to the Licensor at least one month prior to the end of the subscription period (which was pre-selected by the Licensee at the time of initial subscription selection).
If the Licensee desires an annual subscription of Cathopic PRO, but is unable to for whatever reason pay the full amount of the annual PRO subscription fee, the Lincensor may grant the Licensee a special offer to pay the aforementioned amount in 12 monthly installments. If granted this special offer, the Licensee will be obligated to pay the entire annual subscription fee over the course of 12 months. If for whatever reason, the Licensee decides to discontinue or cancel their Cathopic PRO subscription, the Licensee will be obligated to pay the remaining balance of the aforementioned amount. In the event that the Licensee would like to cancel their subscription, Licensee is obliged to email the Cathopic team at hell[email protected] to discuss how any remaining balance may be paid.
After the subscription plan duration (which was pre-selected by the Licensee at the time of initial subscription selection) has passed both, the Licensor and Licensee reserve the right to renew or terminate future subscriptions, at any time, by means of written communication without incurring financial penalization.
In the event that the Licensee chooses to terminate their Cathopic PRO Subscription Plan, whether monthly, quarterly or annually, the Licensee is strictly prohibited from utilizing content downloaded from the Cathopic PRO Subscription Plan resources library if they no longer hold a subscription to the Cathopic PRO Subscription Plan. Any content or resources that have already been published online or in print, such as in a social media account feed, may remain public.
Any Cathopic PRO Subscription Plan content that is utilized by the Licensee after the termination of a Cathopic PRO Subscription Plan is subject to penalties and fees for violation of copyright and licensing laws. Failure to comply with the aforementioned terms and conditions will result in a $2,500 fine to incur on the Licensee for illegal use of every piece of content, work, or resource.
SEVENTH. In the event that a Licensee experiences an infringement on their intellectual property rights or perceives a danger of such infringement, the Licensee should immediately notify the Licensor in writing via the contact page on the Cathopic website. Once the Licensor receives this notice, the Licensor shall ensure the proper measures are taken to protect rights and standard previously established, including blocking Licensee access to Cathopic.
EIGHTH. Licensee is solely responsible for its use of the content gathered from Cathopic Free Subscription Plan or Cathopic PRO Subscription Plan. The Licensor is exempt from any liability associated with the content utilized or created by the Licensee.
The Licensee promises that they will not use the content for illicit acts or purposes, nor will third parties associated with the Licensee who might also access materials created or derived from use the content from Cathopic Free Subscription Plan or Cathopic PRO Subscription Plan. The Licensee acknowledges they are solely responsible for the intended use of the content derived from Cathopic Free Subscription Plan or Cathopic PRO Subscription Plan.
NINTH. In the event of a breach in the aforementioned terms and conditions by the Licensee, the Licensor reserves the right to terminate the license associated with both the Cathopic Free Subscription Plan or Cathopic PRO Subscription Plan, requiring the Licensee to immediately remove and destroy all the material produced in violation of the aforementioned terms or use and service, without requiring the Licensor to compensate the Licensee nor any authors of subsequent content created with Cathopic resources.
TENTH. In addition to the aforementioned legal consequences for a breach of terms, service, or licensing, by any of the aforementioned parties(Licensee or Licensor), the Licensee understands any violation of this contract may be cause for early termination of a subscription to Cathopic and will lead to an immediate termination of the Licensee’s Cathopic account.
Depending upon the nature of the the non-compliance, the Licensee can regain access to Cathopic. Within a period of thirty (30) calendar days, beginning the day following the termination of the Licensee’s Cathopic account, the Licensor will send a notification with information on how the non-compliance can be remedied(if applicable) to the Licensee. The Licensee acknowledges that failure to remedy the non-compliance issue at hand, signifies the Licensee will not have access to their Cathopic account nor the Cathopic platform and will not merit a refund of any amounts paid to the Licensor during any period of receiving licensing from Cathopic.
In light of the conditions listed above, both parties, the Licensor and Licensee, reserve the right to cancel their Cathopic subscription for any of the following reasons:
- Infringements or abuse of Cathopic PRO content and/or its platform are detected.
- By mutual agreement of the parties formalized in writing.
In the event of early termination of the licensing, or at the time of expiration of the chosen subscription and any of its extensions, neither party is entitled to financial compensation unless damages are incurred explicitly by either party due to fraud or negligence.
Furthermore, the Licensee shall pay to the Licensor all pending amounts up to the effective termination date, as originally agreed upon at the moment of subscription selection and initial payment.
ELEVENTH. The personal data provided by the Licensee shall be treated by the Licensor with the upmost confidentiality. The Licensor and the Licensee will handle the personal data in compliance with the terms and conditions detailed in this Agreement, ensuring full cooperation with current legislation on data protection. Both the Licensee and the Licensor are fully aware and able to exercise their rights as detailed in The Organic Law 3/2018 of December 5 on Protection of Personal Data and Guarantee of Digital Rights.
TWELFTH. In all matters not explicitly detailed in this Contract, as well as the interpretation and resolution of conflicts that may arise between the parties are subject to Spanish law. Both parties expressly and voluntarily submit to the Courts and Tribunals of Madrid city.