END-USER LICENSE AGREEMENT

This is a license agreement between you and Mayoral Fashion Infantil SAU that explains how you can use images, videos, texts, etc … (hereafter, the “content”) for which you obtain a Mayoral Moda Infantil license SAU.

By downloading content from Mayoral Moda Infantil SAU, you accept the terms of this agreement.

Mayoral Moda Infantil SAU offers exclusively to certain customers the use of content created by the company for both Mayoral and Abel & Lula.

Those customers authorized by the company may use the licensed content in any way that is consistent with the rights granted below and which are not restricted (see Restricted Uses below.) Subject to these restrictions and the rest of the terms of this agreement, the rights granted by Mayoral Moda Infantil SAU are:
  • Temporary, means that the rights to use the content expire once the season (winter or summer) for which they were provided ends.
  • Territorial, means that the content can be used by the customer in the geographic territory where it operates commercially.
  • Unlimited, means that the content can be used an unlimited number of times. In any and all media, means that the content can be used in print, digital or other media or formats.
  • Non-exclusive, which means that you do not have exclusive rights to use the content. Mayoral Moda Infantil SAU will license the same content to other clients.
To the effects of this agreement, "use" means to copy, reproduce, modify, edit, synchronize, execute, display, transmit, publish or make use of in any other way. Please be sure to read the Restricted Uses section below for exceptions.

  • Wholesale clients may not use the images provided by Mayoral prior to publication on 

    mayoral.com

     or 

    abelandlula.com

  • No Unlawful Use. You may not use the content in a pornographic, defamatory or otherwise unlawful manner, or in violation of applicable regulations or industry codes.
  • Alteration of the Content is not allowed. Content may be trimmed or otherwise modified for technical quality reasons, as long as the editorial integrity of the content is not compromised, but you may not alter the content in any other way.
  • The use of independent files is not allowed. You may not use the content in any way that allows others to download, extract, or redistribute the content as a separate file (i.e., only to the content file itself, separate from the project or end use).
  • No False Claims of Authorship Allowed. You may not falsely claim to be the original creator of a work composed largely of licensed content. For example, you may not create a work of art based solely on licensed content and claim that you are the author.
  • Electronic Templates are not allowed. Unless expressly authorized by Mayoral Moda Infantil SAU, you may not use the content in electronic or digital templates intended for resale or other distribution (e.g., website templates, business card templates, electronic greeting card templates, brochure design templates).
  • The use in trademarks or logos is not permitted. Unless expressly authorized by Mayoral Moda Infantil SAU, you may not use the content (in whole or in part) as a distinctive or outstanding characteristic of a brand, including service marks, figurative brands and logos, and of a drawing and model, trade name or trade name. Additionally, you will not have the right to register (in any jurisdiction) said content (in whole or in part) as a trademark or to trust said registrations, rights of use or intrinsic commercial value already generated to avoid the use of content or similar content by any third party (including us, our customers, or the copyright holder of such content).
  • The use of Machine Learning, artificial intelligence or biometric technology is prohibited. Unless expressly authorized by Mayoral Moda Infantil SAU. You may not use the content (which includes any information included in the subtitles, keywords or other metadata related to the content)for any machine learning or artificial intelligence purposes, nor for any technology designed or intended for the identification of actual persons. Additionally, Mayoral Moda Infantil SAU does not declare or guarantee that consent was obtained for such uses with respect to the authorized content of the model.
  • Exploitation of metadata is prohibited. Unless expressly authorized by Mayoral Moda Infantil SAU, you may not use the information contained in the subtitles, keywords, accompanying text or other metadata relating to content separate and apart from the content or permit any third party to access or use such information in connection with the content.

The rights granted to you are non-transferable and non-sublicensable, which means that you may not transfer or sublicense them to any other person. Exceptions:
  • Subcontractors. You may allow subcontractors (for example, your printing company or postal company) or distributors to use content in any production or distribution process related to your project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose.

Who owns the content? All licensed content is the exclusive property of Mayoral Moda Infantil SAU. All rights not expressly granted in this agreement are reserved by Mayoral Moda Infantil SAU.
  • Attribution.
    • Do I have to include credits on photographs? You do not have to include photo credits for commercial use, but if you are using the content for editorial purposes, you must include the credit alongside the content or production credits. If not otherwise indicated in the caption accompanying the content on the Mayoral Moda Infantil SAU website, the credit must be in the following form: Photograph supplied by Mayoral Moda Infantil SAU.
    • Do I have to include credit on the videos? If the licensed content is used in an audiovisual production in which credit is given to other providers of licensed material, you must include credit in a similar size and placement. If not otherwise indicated in the caption accompanying the content on the Mayoral Moda Infantil SAU website, the credit must be in the following form: Video provided by Mayoral Moda Infantil SAU.
  • Can I use the Mayoral Moda Infantil SAU name or logo? You may use the Mayoral Moda Infantil SAU name as necessary to provide attribution, but you may not use their names, logos or trademarks in any other way without prior written authorization.

  • Termination. Mayoral Moda Infantil SAU may terminate this agreement at any time if you do not comply with any of terms of this or any other agreement with Mayoral Moda Infantil SAU, in which case you must immediately: discontinue the use of the content; delete or destroy any copy; and, if requested, confirm with Mayoral Infantil SAU in writing that you have met these requirements.
    • Social media termination. If you use the content on a social media platform or third-party website, and the platform or website uses (or announces that you plan to use) the content for its own purposes or in any way contrary to this agreement, the rights granted for said use will be terminated immediately and, in that case, at the request of Mayoral Moda Infantil SAU, you agree to delete any content from that platform or website.
  • Withdrawal of content. Mayoral Moda Infantil SAU may discontinue the license of any content at any time and on its sole discretion. From the receipt of the notice from Mayoral Moda Infantil SAU or as far as it is known to them, that some content is subject to a claim of infringement of a third party right for which Mayoral Moda Infantil SAU could be responsible, Mayoral Moda Infantil SAU may request you to immediately and at your own cost to: discontinue use of the content, delete or destroy any copy and to make sure your customers, distributors and/or employer do the same. Mayoral Moda Infantil SAU will provide substitute content (determined by Mayoral Moda Infantil SAU in accordance with its reasonable commercial assessment) to you free of charge, subject to the other terms of this agreement.

Mayoral Moda Infantil SAU makes the following declarations and guarantees:
  • Warranty of Non-Infringement. For all licensed content, Mayoral Moda Infantil SAU warrants that your use of such content in accordance with this Agreement and in the form in which it was delivered by Mayoral Moda Infantil SAU (i.e., excluding any modification, overlay or redirection by you) will not infringe any intellectual property rights of the content owner/creator.
  • Warranty Disclaimer. Unless specifically warranted above, Mayoral Moda Infantil SAU does not grant any rights or give any warranties with respect to the use of names, persons, trademarks, trade dress, trade dress, logos or audios, designs, artwork or architecture, registered, unregistered or copyrighted, depicted or included in the content. In such cases, you are solely responsible for determining whether authorization(s) is required in connection with your proposed use of the content, and you are solely responsible for obtaining such authorization(s). You acknowledge that clearances are generally not obtained for content identified as "editorial," and that some jurisdictions provide legal protection against the use of a person's image or representation of a person or property for commercial purposes where a clearance has not been granted. You are solely responsible for payment of any amounts that may be due, and for compliance with any other terms, of any collective bargaining agreement that may be applicable to your use of the licensed content.
  • Disclaimer for subtitles / metadata. Despite having made reasonable efforts to correctly categorize, encode, subtitle and title the content, Mayoral Moda Infantil SAU does not guarantee the accuracy of such information, or any metadata provided with the content.
  • No Other Warranties. Except as provided in the preceding section, the content is provided "as is," without representations, warranties or conditions of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability or fitness for a particular purpose. Mayoral Moda Infantil SAU does not represent or warrant that the content or its websites will meet your requirements or that use of the content or the websites will be uninterrupted or error-free.

  • Indemnity for Mayoral Moda Infantil SAU. You agree to defend, indemnify and hold harmless Mayoral Moda Infantil SAU, its parent, subsidiaries, affiliates and content providers, and each of their respective agents, directors and employees from and against all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) any use by you of the content outside the scope of this agreement; (ii) any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Mayoral Moda Infantil SAU; and (iii) your failure to obtain any required authorization for your use of the content.
  • Limitation of Liability. Mayoral Moda Infantil SAU WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF BENEFITS, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF Mayoral Moda Infantil SAU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. SOME JURIDISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF GUARANTEES OR LIABILITY.

  • Mayoral Moda Infantil SAU N.I.F: A29076049 C/ La Orotava 118 – 29006 Málaga – Spain.
  • Registered in the Mercantile Registry of Malaga on Folio 200, Volume 1240 of the file, Book No. 153, of the General Companies section, page MA-6554, 1st inscription.
    • Assignment. This agreement is personal to you and you cannot assign it without prior written consent from Mayoral Moda Infantil SAU or its subsidiaries. Mayoral Modal Infantil SAU may assign this agreement, without notice or consent to any corporate affiliate or assignee of its interests, provided that said entity agrees to be bound by these terms.
    • Audit. Prior notice to this effect, you agree to provide Mayoral Moda Infantil SAU with sample copies of projects or end uses that include the licensed content, including the possibility of providing Mayoral Infantil SAU free access to any website or platform with restricted access, where the content is used. In addition, upon notice, Mayoral Moda Infantil SAU may in in its sole discretion, whether through its own employees or third parties, audit your records directly related to this agreement and your use of licensed content in order to verify compliance of the terms of this agreement.
    • Electronic storage. You agree to maintain the copyright symbol, the name Mayoral Moda Infantil SAU, the content identification number and any other information or metadata that may be embedded in the electronic file that contains the original content, as well as to maintain appropriate security to protect content from unauthorized use by third parties. You may make one (1) copy of the content as a backup copy.
    • Applicable Law/Arbitration. These general conditions are ruled by Spanish law. In compliance with the provisions of art. 10 of Law 34/2002, of July 11th, 2002, of Information Society Services and Electronic Commerce, we detail the following information:
For any questions, suggestions, complaints or queries you can contact us by any of the following means:
    • Email: infoes@mayoral.com
    • Phone number:+34 951 193 493
    • FAX:+34 952 045 200
    • Postal mail: Mayoral Moda Infantil SAU, Calle La Orotava 118 - 29006 Málaga, Spain.
  • Divisibility. If it turns out that one or more of the provisions in this agreement are invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the other provisions will not be affected. Such provisions should be corrected only to the extent necessary to make them applicable.
  • Resignation. No action by either party, other than an express written resignation, may be construed as a resignation of any provision of this agreement.
  • Comprehensive Agreement. No terms can be added or removed to this agreement, unless it is done in writing and is accepted in writing by both parties, or issued electronically by Mayoral Moda Infantil SAU and accepted in writing by you. In the event of any inconsistency between the terms of this agreement and the terms contained in any purchase order submitted by you, the terms of this agreement will apply.
  • Notice. All notices to be addressed to Mayoral Moda Infantil SAU under this agreement must be sent by email to lopd@mayoral.es. All notices to you should be sent by email to the email address listed in your account.