Icons Performance Media Licensing

Hey there,

Icons Performance is an all-encompassing car enthusiast platform that brings creators together with a focus on high-quality automotive content. We are leveraging a network of select content creators from across the country to provide photo and video services at professional races, drift tracks, car meets, karting, and everything in between. Our website offers a quality platform for creators to provide their images for sale, with a competitive rates structure that favors supporting our creators. We also are building out a network of events, media contacts, and drivers so we can provide our in-network content creators with access and media credentials to cover events. When the community is successful, we are all successful!

If you are a skilled photographer and interested in joining to help our community, please contact us. If you are a driver looking for quality content, please connect with us for a quote.

Media Licensing Agreement

The following agreement (the “Agreement”) is effective between Icons Performance, LLC (hereafter referred to as “Icons”) and the purchaser (hereafter referred to as the “Client”) as of the date of purchase. All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.

 

Scope of this Agreement: This Agreement applies to any photos, videos, or other media content provided for sale by Icons (collectively known as “Media”). Media available for licensing or physical purchase is made available by a network of photographer creators (hereafter referred to as the “Creator” or collectively as “Creators”) and is made available through the Icons website or direct inquiry (collectively known as the Icons “Platform”) and all Media is licensed for use on the Icons Platform through agreements with Creators. Media is available for purchase from Icons within the scope of this Agreement unless agreed upon otherwise by Icons, the Creator, and the Client in writing.

Content Licensing

Icons Performance offers Media for purchase through three different types of sale: Digital downloads for personal use, digital downloads for commercial use, and physical prints. Each type of sale is provided for sale under the following terms:

  • Use: Use of Media is defined as maintaining a digital or physical copy, reproducing the Media, modifying or editing, displaying, broadcasting, publishing, or otherwise making use of Media in its entirety or in part.
  • Digital Downloads for Personal Use: purchasing Media from Icons under a personal use license includes HD wallpapers, 4K wallpapers, full-size personal use downloads, and any other licensed content not labeled “for commercial use.” This media may be used for non-commercial purposes, such as a computer background, phone background, screensaver, profile photo, social media post, or in limited personal print. Printed copies must not be re-sold for a profit or used in any commercial scenarios, but may be displayed in one’s household, garage, or personal office space. Printed copies must not be re-sold for a profit or used in any commercial spaces or scenarios.
  • Digital Downloads for Commercial Use: purchasing Media from Icons under a commercial usage license must be labeled “for commercial use.” This media may be used for commercial purposes, including, but not limited to: websites, blog posts, social media, advertisements, marketing campaigns, newspapers, magazines, film and television productions, corporate presentations, product packaging. The standard Commercial Use purchasing agreement does not include resale licensing in which the primary value of the resale item lies in the Media itself.  Resale is further defined below in this agreement.
  • Perpetual: Client is granted access to perpetual use of the Media which was purchased from Icons. This means there is no end date on your rights to use or access Media purchased from Icons, and Client may maintain a digital copy of the image for personal use. Although Icons will provide Client with a link to download the Media upon purchase, there is no guarantee the link will provide future access to the Media and Icons is not responsible for providing additional downloads or file access beyond one calendar week of Client’s initial Media purchase.
  • Non-exclusive: All media purchased from the Icons Platform is licensed under a non-exclusive agreement. You do not have exclusive rights to the media and all media available on the platform may also be sold to other individuals or entities for use. Original content copyright and licensing is maintained by Icons Performance or the original content producing Creator.
  • Restricted Uses: Media licensed from Icons may not be used to promote violence, in pornographic content, in a defamatory or unlawful manner, or in violation of any local or federal laws or industry regulations. Media may not be used in any way that allows others to download or redistribute the Media as a standalone file. Media may not be used in any trademark or logo.
  • Non-transferable: licensing rights of purchased Media are not transferable and not sublicensable. Rights cannot be transferred to anyone unless they fall under the following two exceptions:
    • Employer or client: purchases made on behalf of an employer or client may be used for the employer or client which it was purchased for.
    • Subcontractors: a subcontractor (printer, distributor, etc.) may use and process licensed Media in relation to your final project or end use.
  • Resale: Non-commercial purchases may not provide Media for resale in any way. Commercial purchases may provide the Media in products available for resale in which the primary value of the product does not lie in the Media itself.  Commercial purchases may not provide Media for resale in which the primary value of the product lies in the Media itself.  This includes, but is not limited to, cards, stationary items, paper products, calendars, apparel items, canvas prints, posters, mobile applications, or other items intended for resale in which the primary value of the product lies in the Media itself.
  • Limited Print: Under standard commercial license, you may not reproduce the Media more than 50,000 times in physical print form. This does not apply to electronic distribution.  For use in print over 50,000 times, please contact Icons. Print use of the Media may not be for resale and must remain within the scope of Resale as noted in this agreement.

You are welcome to use watermarked content from the Icons website on a complimentary basis for test or sample use only. Watermarked content may not be used in any final materials, production goods, presentations, or in any form of publicly available media. Any watermarked content used for test or sample purposes must be removed/deleted 30 days prior to download.

Intellectual Property Rights

  • Copyright: all Media provided for licensed use on Icons platforms is owned by either Icons or the Creator who originally created the content. Copyright rights are maintained by the original creator, and they maintain exclusive rights to display, reproduce, distribute, and financially benefit from the content they created.  All rights granted in this agreement are reserved by Icons and the original Media Creators.
  • Attribution: no media credit is necessary for photos purchased for commercial use, but if you are using the Media for editorial purposes, you must include the following credit adjacent to the content or in visual production credits: “Icons Performance/Creator’s Name.”

Media Submissions

All media submitted for licensing and production sale on Icons Performance must conform to the following:

  • Copyright ownership: all work submitted must be original work produced by the person submitting it. Content submissions must not contain any copyrighted material, including artwork, other photos, sculptures, architecture, or exhibits which are copyrighted, unless accompanied by a property release signed by the owner of all intellectual property rights in such material.  Content submissions also must not contain trademarks, service marks, or otherwise unless accompanied by a release signed by the owner of said mark.
  • Event content: Media submitted from events must be accompanied by a copy of proper Press Credentials that expressly allow the resale of Media produced from that event.
  • Watermarks: Content submitted must be free of watermarks, copyright notices, or other overlayed information. The Icons Performance platform provides a built-in watermarking system that is automatically applied to public-facing copies of submitted content and the watermarks are removed upon customer purchases.
  • Media quality: all submitted media must be provided in a resolution of at least 12 megapixels and have a minimum short-edge dimension of 3,000 pixels. Photos must be submitted in JPEG format.  Still frames from video files are not accepted. 
  • Media availability: Icons Performance reserves the right to remove any previously accepted content from the platform at any time for any reason.

Although Icons makes every effort to validate the ownership and legality of each Media submission from Creators, Icons makes no guarantee that the Media available for licensing on Icons Platforms conforms to the ownership and licensing rights of the venue or location in which it was produced. The proper licensing rights of Media on Icons is expected to fall within the scope of Media Submissions as outlined above when it is submitted to the Platform by Creators.

Transfer and Assignment: Client may not assign or transfer this Agreement, or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. 

General Law/Arbitration: This Agreement sets forth the entire understanding and Agreement of the parties and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Florida. Any claim or litigation arising out of this Agreement, or its performance, may be maintained only in courts physically located in Alachua County, Florida, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.

Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

IN WITNESS WHEREOF, the parties have caused this Media Licensing Agreement to be duly executed by all parties as of the date of Media purchase and delivery by the digital timestamp of purchase from the Icons Platform.