Lobster Terms & Conditions


Lobster T&C

1. COMMERCIAL LICENSE

Permitted Uses

Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Photo:

marketing and promotional website projects, subject to the limited circulation and audience for a standard license;

online or electronic publications, blogs, websites and presentations, subject to the limited circulation and audience for a standard license;

prints from the website and other reproductions for personal use or promotional purposes specified above, subject to the limited circulation and audience for a standard license;

website banners, landing pages and temporary Photo, subject to the limited circulation and audience for a standard license;

blogposts and articles illustration within the website.

Limitations

The right to produce the electronic merchandise in no way grants any rights to the Licensee or any recipient of the electronic merchandise in any intellectual property or other rights to the Photo.

The Licensees and Users agree to indemnify Lobster and Moonfruit, its representatives and related parties from any cost, liability, damages or expense incurred by any of them relating to or in connection with any of the electronic merchandise.

The Standard Commercial license is limited to the following audience size as per above uses:

Online media under 50k daily unique views;

Printed circulation below 100k copies;

Online broadcasting below 1 mln viewers;

Offline mediums (banners) under 50k daily unique views each.

2. Editorial License

Subject to the restrictions described under Prohibited Uses below, the following are “Permitted Uses” of Photo:

Blogpost illustration within the website

Articles and news pieces illustration within the website

General, un-orchestrated, and non-commercial representation of Photo, for example, a collection of Photo about ‘street carnivals’, ‘urban protests’, ‘street fashion’ or a specific travel destination coverage

If in doubt, the customer should read full terms for editorial license applicability at https://lobster.media/terms#editoriallicense or contact support@lobster.media with questions

Limitations

The Standard Editorial license is limited to the following audience size as per above uses:

Online media under 50k daily unique views;

Printed circulation below 100k copies;

Online broadcasting below 1 mln viewers;

Offline mediums (banners) under 50k daily unique views each.

3. Restrictions For Downloads

The customers are not permitted at any time to use the Photo that they have licensed via Lobster API outside of Moonfruit, including but not limited to:

downloading Photo to their hard drive, flash storage and other storage discs

downloading Photo to their cloud storage accounts, such as Dropbox, Apple Cloud and others

using Photo within other applications, including when terminating their contract with the Client and closing the Website or transferring from the Client Application to an alternative service

copying, screening, photographing Photo to use in other applications and purposes

using Photo for their social media Photo outside of the Application

transferring Photo to others by means of copying or by means of granting others access to their account with the Client’s Application

printing, reproducing in physical formats or publishing Photo in the press

4. Prohibited Uses

Prohibited uses for Moonfruit customers additionally include the following:

use the Photo in a fashion that is considered by the general public or legal authorities (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Photo into disrepute;

use or display any Photo that features a model or person in a manner

that would lead a reasonable person to think that such person uses or personally endorses any business, product, service, cause, association or other endeavour; or

except where accompanied by a statement that indicates that the Photo is being used for illustrative purposes only and any person depicted in the Photo is a model, that depicts such person in a potentially sensitive subject matter, including, but not limited to mental and physical health issues, social issues, sexual or implied sexual activity or preferences, substance abuse, crime, physical or mental abuse or ailments, or any other subject matter that would be reasonably likely to be offensive or unflattering to any person reflected in the Photo, unless the Photo itself clearly and undisputedly reflects the model or person in such potentially sensitive subject matter in which case the Photo may be used or displayed in a manner that portrays the model or person in the same context and to the same degree depicted in the Photo itself;

to the extent that source code is contained within the Photo, reverse engineer, decompile, or disassemble any part of such source code;

remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Photo;

sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Photo or the rights granted under this Agreement;

or post a copy of the Photo on a network server or web server for use by other users;

use or display the Photo in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement;

use Photo that may be reasonable identified by the Licensee in accordance with these Terms and Conditions as Editorial Use Photo, requiring an Editorial License, for any commercial, promotional, endorsement, advertising or merchandising use. For further clarification, Editorial Use of Photo means use relating to events that are newsworthy or of general interest and expressly excludes any advertorial sections (i.e. sections or supplements featuring brand and/or product names or sections or supplements in relation to which you receive a fee from a third-party advertiser or sponsor);

if the Photo is reproduced on a social media platform or other third party website, the rights granted herein shall automatically be revoked in the event that the platform website seeks to exploit purported rights to the Photo contrary to the terms of this Agreement.

Back to the top

Company Info

Moonfruit is owned and operated by SiteMaker Software Ltd.

Address

SiteMaker Software Ltd
3 Waterhouse Square
138 Holborn
London
EC1N 2SW
United Kingdom

SiteMaker Software Limited is a UK company registered in England

Registered company number
3871424

VAT registration number
GB 765346017