LAST UPDATED: March 2022
This is a license agreement between you and the Partnership for Food Safety Education (PFSE) that explains how you can use photos, graphics, and video clips that you license from PFSE. By downloading content from PFSE, you accept the terms of this agreement.
- Type of license
Every file downloaded from PFSE comes with a standard license. Your use of content is subject to the standard license terms.
You can license files from PFSE by downloading for free.
- Using licensed content
You may use content in any way that is not restricted (see Restricted Uses below). Subject to those restrictions and the rest of the terms of this agreement, the rights granted to you by PFSE are:
- Perpetual, meaning there is no expiration or end date on your rights to use the content downloaded during your agreement.
- Non-exclusive, meaning that you do not have exclusive rights to use the content. PFSE can license the same content to others.
- Worldwide, meaning content can be used in any geographic territory. Please note, these resources were developed with a U.S.-based audience in mind.
- Unlimited, meaning you can use the content in an unlimited number of projects and in any media for the purposes of food safety and hand hygiene messaging.
For purposes of this agreement, “use” means to copy, reproduce, modify, edit, display, broadcast, publish, or otherwise make use of.
Examples of how you can use PFSE licensed content include: websites; blog posts; social media; advertisements; marketing campaigns; organizational presentations; newspapers; magazines; books; film and television productions; web and mobile applications.
Please make sure you read the Restricted Uses section below for exceptions.
- Restricted Uses.
- No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes.
- No Commercial Use of “Editorial Use Only” Content. You may not use content marked “editorial use only” for any commercial, promotional, advertorial, endorsement, advertising, gambling/betting/gaming uses or merchandising purpose. This type of content is not model or property released and is primarily intended to be used for editorial purposes, meaning descriptive purposes such as news reporting and discussion of current events or other human interest topics (for example, in a blog, textbook, newspaper or magazine article).
- No Standalone File Use. You may not use content in any way that allows others to download, extract, or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).
- No Use in Trademark or Logo. You may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).
- Sensitive Use Disclaimer Required. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person, you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for “editorial use only” content that is used in an editorial manner.
- No False Representation of Authorship. You may not falsely represent that you are the original creator of an end use that is made up largely of licensed content. For instance, you cannot create a painting based solely on licensed content and claim that you are the author.
- No Products for Resale. You may not use content in connection with any goods or services intended for resale or distribution where the primary value lies in the content itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas, or any other media), DVDs, mobile applications, NFTs or other items for resale, license or other distribution for profit. This includes “on demand” products (meaning products in which content is selected by a third party for customization on such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, posters and other items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
- No Electronic Templates. You may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
- No Machine Learning, AI, or Biometric Technology Use. You may not use content (including any caption information, keywords or other metadata associated with the content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed for or intended for the identification of natural persons. Additionally, PFSE does not represent or warrant that consent has been obtained for such uses with respect to model-released content.
- Who, besides me, can use the licensed content?
The rights granted to you are non-transferable and non-sublicensable, meaning that you cannot transfer or sublicense them to anyone else. There are three exceptions:
- Employer or client. If you are downloading on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content.
- Multiple users within the same company or institution. Except for subcontractors, you may not permit anyone outside your institution to use the images and videos downloaded, nor are you allowed to send or forward the images via any means.
- Subcontractors. You may allow subcontractors (for example, your video editor or design subcontractor) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors may not use the content for any other purpose.
There is currently no limit on the number of users.
- Intellectual property rights.
All of the licensed content is owned by the Partnership for Food Safety Education. All rights not expressly granted in this agreement are reserved by PFSE.
You do not need to include a photo credit or video credit for commercial use, but if you are using content for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “Partnership for Food Safety Education”, “fightbac.org” or “Fight BAC”.
- Content Withdrawal.
PFSE may discontinue licensing any item of content at any time in its sole discretion. Upon notice from PFSE, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which PFSE may be liable, PFSE may require you to immediately: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise.
This agreement is effective until it is terminated by either party. You can terminate this agreement by ceasing use of the content and deleting or destroying any copies. PFSE may terminate this agreement at any time if you fail to comply with any of the terms, in which case you must immediately: cease using the content; delete or destroy any copies; and, if requested, confirm to PFSE in writing that you have complied with these requirements.
Social Media Termination. If you use the content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the content for its own purpose or in a way that is contrary to this agreement, this agreement shall immediately terminate.
- Representations and Warranties.
PFSE makes the following representations and warranties:
- Warranty of Non-Infringement. Except with respect to content identified as “editorial use only,” your use of the content in accordance with this agreement and in the form delivered by PFSE will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; and all necessary model and/or property releases for use of the content in the manner authorized by this agreement have been obtained. Note that you are solely responsible for any edits made to the content.
- “Editorial Use Only” Warranty Disclaimer. For content identified as “editorial use only,” PFSE warrants that the content will not infringe on any copyright or moral right of the artist, but it does not grant any right or make any warranty with regard to the use of names, people, trademarks, trade dress, logos, registered, unregistered or copyrighted designs, works of art or architecture depicted or contained in the content. In such cases, you are solely responsible for determining whether release(s) is/are required in connection with your proposed use of the content identified as “editorial use only,” and you are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for content identified as “editorial use only,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release.
- Caption/Metadata Disclaimer. While we have made reasonable efforts to correctly categorize, keyword, caption and title the content, PFSE does not warrant the accuracy of such information, or of any metadata provided with the content.
- No Other Warranties. Except as provided in the “warranty of non-infringement” section above.
- Indemnification/Limitation of Liability.
- Indemnification of PFSE by you. You agree to defend, indemnify and hold harmless PFSE and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors and employees from all damages, liabilities and expenses (including reasonable legal costs including attorney fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this agreement.
- PFSE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF PFSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY.
- General Provisions.
- Assignment. This agreement is personal to you and is not assignable by you without PFSE’s prior written consent. PFSE may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
- Audit/Certificate of Compliance. Upon reasonable notice, you agree to provide to PFSE sample copies of projects or end uses that contain licensed content, including by providing PFSE with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, PFSE may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. Where PFSE reasonably believes that content is being used outside of the scope of the license granted under this agreement, you agree, at PFSE’s request, to provide a certificate of compliance signed by an officer of your institution, in a form to be approved by PFSE.
- Electronic storage. You agree to retain the copyright symbol, the name of PFSE, the content’s identification number and any other information that may be embedded in the electronic file containing the original content, and to maintain appropriate security to protect the content from unauthorized use by third parties. You may make one (1) copy of the content for back-up purposes.
- Governing Law/Arbitration. This agreement will be governed by the laws of the State of Virginia, U.S.A., without reference to its laws relating to conflicts of law. Any disputes arising from or related to this agreement shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under the JAMS’ Expedited Procedures in its Comprehensive Arbitration Rules and Procedures (“JAMS”) if you are in North America, or of the International Centre for Dispute Resolution (“ICDR”) or JAMS if you are outside of North America (the applicable rules to be at your discretion), in effect on the date of the commencement of arbitration to be held in one of the following jurisdictions (whichever is closest to you): New York, New York; London, England; Paris, France; Munich, Germany; Madrid, Spain; Milan, Italy; Sydney, Australia; Tokyo, Japan; or Singapore. The arbitration proceedings shall be conducted in English and all documentation shall be presented and filed in English. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not govern this agreement. The prevailing party shall be entitled to recover its reasonable legal costs including attorney fees relating to that aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. Notwithstanding the foregoing, PFSE shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of PFSE, such action is necessary or desirable to protect its intellectual property rights. The parties agree that, notwithstanding any otherwise applicable statute(s) of limitation, any arbitration proceeding shall be commenced within two years of the acts, events or occurrences giving rise to the claim.
- Severability. If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.
- Waiver. No action of either party, other than express written waiver, may be construed as a waiver of any provision of this agreement.
- Entire Agreement. No terms of conditions of this agreement may be added or deleted unless made in writing and accepted in writing by both parties, or issued electronically by PFSE and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained on any purchase order sent by you, the terms of this agreement will apply.
- Notice. All notices required to be sent to PFSE under this agreement should be sent via email to firstname.lastname@example.org. All notices to you will be sent via email to the email set out in your account.
For more information or questions about allowable use please contact email@example.com.