ToEon License Agreement
Introduction and Scope
This License Agreement (the "Agreement") governs the use of all digital content ("Content") that you (the "Buyer" or "Licensee") purchase or download via the ToEon platform ("Platform").
By downloading or purchasing the Content, you agree to the terms of this Agreement.
Licensor: The rights to the Content are licensed to you directly by the Author (the "Creator") as the Licensor. ToEon acts exclusively as a platform provider and service provider.
1. Acquisition of Usage Rights
Upon purchasing or downloading the Content, you acquire a non-exclusive, perpetual, and worldwide right of use to the Content, exclusively within the framework of the license model chosen by the Creator (see Section 2). Any use that exceeds the rights defined herein is prohibited.
2. License Models and Usage Types
The Creator determines which of the following models applies to the Content when uploading:
License Model
Scope of Use for Buyer
Commercial Use
ToEon "Free Content"
ToEon "Premium Content"
ToEon "Exclusive Content"
Only Editorial Use
Editorial Use and Commercial Use
Editorial Use and Commercial Use
NOT permitted.
Permitted.
Permitted.
3. Detailed Definitions of Use
3.1. Editorial Use
Editorial Use includes the use of the Content in an informative, educational, or commentary context without direct advertising intent.
- • Permitted: Newspaper articles, online magazines, blogs, news portals, TV reports, documentaries, educational materials, non-commercial presentations, contributions to social discourse, and artistic explorations.
3.2. Commercial Use
Commercial Use includes any use of the Content primarily aimed at achieving a direct or indirect commercial advantage. Editorial Use is always included in Commercial Use.
- • Permitted (Perpetual, Worldwide):
Advertising, marketing, and product promotion (online and print).
Use for sales promotion, social media advertising campaigns, use for branding.
Use on physical products (merch, T-shirts, posters, etc.), provided the Content is part of an overall product and not the sole object of sale. -Up to 100,000 copies.
4. General Restrictions and Prohibitions
The following uses are strictly prohibited for all licenses (Free, Premium, Exclusive):
- • Re-Resale: It is prohibited to resell the licensed Content itself as a standalone product (e.g., as a digital file, stock photo, or vector).
- • Negative/Misleading Use: Use that portrays persons or brands in a negative light or suggestive/misleading use (e.g., falsely representing people as testimonials).
- • Illegal Use: Use in a context that violates applicable law (e.g., racist, defamatory content) or for political advertising without the explicit consent of the author.
- • No Use for Machine Learning and AI: You may not use Content (including metadata such as captions, keywords) for purposes of machine learning, artificial intelligence, or for technologies intended to identify natural persons (biometric technology).
- • No NFT Use of Editorial Content: You may not use Content labelled as "Editorial" in connection with an immutable digital file (e.g., a Non-Fungible Token - NFT) intended for sale or other distribution. Unless expressly licensed otherwise, the creation or sale of NFTs using the Content is prohibited.
- • No Metadata Exploitation: You may not use metadata (captions, keywords) separately from the Content.
5. Transferability of Rights
The rights granted to you are non-transferable and non-sub-licensable.
- • Exceptions:
Employer or Client: If you make the purchase on behalf of your employer or client, they may use the Content. The acquired rights belong exclusively to you or your employer/client, depending on who is specified as the "Licensee" (not both simultaneously).
Subcontractors: You may allow subcontractors (e.g., printers or delivery services) or distribution partners to use Content in production or distribution processes related to your final project. These third parties must agree to this Agreement.
6. Intellectual Property Rights and Creator Credit
- • Ownership and Reservation of Rights: All licensed Content belongs either to ToEon or the respective Creators. All rights not expressly granted in this Agreement are reserved by ToEon and the Creators.
- • Creator Credit:
Commercial Use: The Creator's name is not required for commercial use.
Editorial Use: If you use Content for editorial purposes, you must place an attribution notice in close proximity to the Content or in the copyright notices. The notice should be as follows: "[Name of Photographer/Author/Artist/Institution] via ToEon"
7. Termination and Content Withdrawal
- • Termination by ToEon: ToEon may terminate this Agreement at any time if you violate any provision. In this case, you must immediately cease using the Content, delete all copies, and confirm this in writing to ToEon.
- • Social Media Termination: If a social media platform uses Content for its own purposes or in a manner that violates this Agreement, your license rights for that use terminate immediately. You agree to delete all Content from that platform in such a case.
- • Content Withdrawal: ToEon may discontinue the licensing of certain Content at any time. Upon notification, you must cease all further use of the Content in question.
8. Warranties and Liability
8.1. Creator's Warranty of Non-Infringement
The Creator (Author of the Content) warrants to you (the Buyer) that your use of the Content in accordance with this Agreement and in the form supplied by the Creator (i.e., without alteration by you) does not infringe any copyrights or moral rights.
8.2. ToEon's (Platform) Warranty
ToEon only warrants the technical functionality of the platform and the validity of the concluded license agreement between the Creator and the Buyer.
ToEon assumes no warranty or liability for:
- • The actual copyright freedom of the Content.
- • The marketability or suitability of the Content for a specific purpose of the Buyer.
- • The accuracy of metadata (captions, keywords).
8.3. Warranty Exclusion (Releases)
Notwithstanding any representations, it is your responsibility (as the Buyer) to determine whether additional releasesare required in connection with your intended use. ToEon does not guarantee that model or property releases are available. You are solely responsible for obtaining releases for the use of:
- • Names, persons, or their likenesses.
- • Trademarks, logos, trade dress, or copyrighted works (e.g., architecture, artworks, music) depicted in the Content.
8.4. Limitation of Liability
TOEON AND ITS LICENSORS ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR LOST PROFITS, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES ARISING FROM THIS AGREEMENT. ToEon's liability is limited to intent and gross negligence to the extent permitted by law.
9. Final Provisions
This Agreement is governed by Austrian law. If one or more provisions of this Agreement are found to be invalid, the validity of the remaining provisions shall not be affected thereby.