Cathopic License (Extended)
Effective as of September 14, 2022
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.
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.
Cathopic PRO Licensing: This license grants the Licensee the right to use and reproduce all the content housed in CATHOPIC, without any download limitations, in exchange for either a monthly, quarterly, or anual subscription fee.
The price of Cathopic PRO Subscription Plan license will be determined by the Licensor in U.S. dollars, payable by debit card, credit card or PayPal. The Licensee may choose their preferred method of payment at the time of account registration and subscription specification with CATHOPIC.
In addition, at the time of account registration and subscription specification, the Licensee may choose to make payments every month, every quarter, or every year. In the case of quarterly and anual plans, the Licensee will pay for future use upon the initial transaction and point of sale.
The Licensor reserves the right to grant the Licensee access to a FREE TRIAL of Cathopic PRO Subscription Plan for a maximum of 14 days. FREE TRIAL access is up to the discretion of the Licensor, who will give explicit access to the Licensee through a coupon code. To redeem access of the FREE TRIAL, the Licensee will be required to create an account with CATHOPIC and utilize a coupon code at the point of subscription selection check out.
Throughout the 14 day time period, the Licensee will be reminded to review their subscription settings, so as to specify the type of subscription they would like to incur after the FREE TRIAL is terminated. The Licensee has the option of choosing a Cathopic Free Subscription Plan or Cathopic PRO Subscription Plan(available in monthly, quarterly, or anual payment intervals). If the Licensee does not specify the type of subscription plan desired after the FREE TRIAL, the Licensor will automatically enroll the Licensee in a quarterly subscription of the Cathopic PRO Subscription Plan.
In the event that the Licensee wishes to no longer continue with a Cathopic PRO Subscription Plan of any kind, all content downloaded during the FREE TRIAL, may in no way be further utilized for public promotion or communication. The Licensee may maintain content on computers, smartphones, and other devices, to be used in a private manner. However, the Licensee may not continue to utilize content Cathopic PRO Subscription Plan after cancellation of their subscription in a public manner. Content that has been previously published in a newsletter, social media account, campaign, or promotion of any kind, print or digital, may remain however may not be further reproduced. Licensees who violate intellectual property rights, Cathopic licensing, as well as terms and conditions listed in this document are hereby subject to the consequences further 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.
Cathopic PRO Subscription content can be used in a public promotional campaigns, either print or digital, for a maximum of three months. After content has been used by the Licensee for a period of three months, the Licensee is required to wait a duration of three years, before utilizing said resource again in a campaign.
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.
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).
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.