User License Agreement

This is a license agreement between you and Mayoral Moda 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 exclusively offers certain clients the use of the 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, which 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 client in the geographical territory where it operates commercially.
  • Unlimited, which means that the content can be used an unlimited number of times in each and every media outlet, (print, digital or other media/format).
  • 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.
For the purposes 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.

  • Multi-brand customers may not use the images provided by Mayoral prior to publication on mayoral.com or abelandlula.com
  • Illegal Use is not allowed. You may not use the content in a pornographic, defamatory, or otherwise illegal manner, or violate 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 (that is only, only the content file itself, separate from the project or end use).
  • False Authorship Statements are not allowed. You cannot falsely claim to be the original creator of a work that is comprised of mostly licensed content. For example, you cannot 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 (for example, website templates, business card templates, electronic greeting card templates, brochure design templates).
  • Use on brand names or logos is not allowed. Unless expressly authorized by Mayoral Moda Infantil SAU. You may not use the content (in whole or in part) as a distinctive or outstanding feature of a brand, including service marks, figurative brands and logos, drawing, model, commercial 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 no 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.
  • The exploitation of metadata is prohibited. Unless expressly authorized by Mayoral Moda Infantil SAU, you may not use the information included in the subtitles, keywords, accompanying text or other metadata related to content separate and apart from the content or allow any third party to access or use said information, content-related information.
  • The removal of the metadata included in the images is prohibited, as well as the inclusion of new metadata.

The rights granted to you are non-transferable and cannot be sub-licensed, which means that you cannot transfer or sub-license 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.

You will be responsible for monitoring all activity of each user account and you agree to.
  1. Maintain the security of all passwords and user names to access the platform, provided by Mayoral Moda Infantil SAU.
  2. Inform Mayoral Moda Infantil SAU immediately of any unauthorized use or other security violation.
  3. In addition, accept all responsibility for the activity that occurs in each of the user accounts. Mayoral Moda Infantil SAU reserves the right to control downloads and user activity to ensure compliance with the terms of this agreement. If Mayoral Moda Infantil SAU determines that you breach this or any other term of this agreement, they can suspend access to your account and take other legal measures

Who owns the content? All licensed content is the exclusive property of Mayoral Moda Infantil SAU. Mayoral Moda Infantil SAU reserves all rights not expressly granted in this agreement.
  • Attribution.
    • Should I include credits in the 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 subtitle 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 credits in the videos? If the licensed content is used in an audiovisual production in which credit are granted to other providers of licensed material, you must include the credit in a similar size and placement. If not otherwise indicated in the subtitle that accompanies the content on the Mayoral Moda Infantil SAU website, the credit must be in the following form: Video supplied 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 wiht any of terms of this or any other agreement with Mayoral Moda Infantil SAU, in which case you must immediately: discontinue 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.
    • Termination of social media. If you use the content on a social media platform or third-party website, and the platform or website uses (or announces that they plan to use) the content for its own purposes or in any way contrary to this agreement; the rights granted for such 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 makes the following declarations and guarantees:
  • Non-Violation Guarantee. For all licensed content, Mayoral Moda Infantil SAU guarantees that the use of said content in accordance with this agreement and in the manner in which it was delivered by Mayoral Moda Infantil SAU (that is, excluding any modification, overlapping or reorientation that you make) will not infringe any intellectual property rights of the content owner / creator.
  • Exclusion of Guarantee. Unless specifically guaranteed above, Mayoral Moda Infantil SAU does not grant any right or give any guarantee regarding the use of registered names, persons, trademarks, logos, audios, designs, works of art or architecture, not registered or copyrighted, to be represented or included in the content. In such cases, you are solely responsible for determining whether authorization (s) is required in connection with the intended use of the content, and you are solely responsible for obtaining such authorization (s). You acknowledge that authorizations for content identified, as “editorial” are generally not obtained, and that some jurisdictions offer legal protection against the use of a person's or property's image or representation for commercial purposes, where it has not been granted an authorization. You are solely responsible for the payment of any amount that may be owed, and for the compliance with any other term, of any collective agreement that may be applicable for 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 Warranty. Except as provided in the previous section, the content is provided “as is”, without statements, warranties or conditions of any kind, whether implicit or explicit; including, but not limited to: implicit statements, warranties or conditions of merchantability or adequacy for a specific purpose. Mayoral Moda Infantil SAU does not declare or guarantee that the content or its websites will be adapted to your needs or that the use of the content or the websites will not be interrupted or will be error-free.

  • Indemnidad para Mayoral Moda Infantil SAU. You agree to defend, indemnify and hold harmless Mayoral Moda Infantil SAU, its parent company, subsidiaries, affiliates and content providers, as well as each of its respective agents, directors and employees from all damages., liability and expense (including reasonable external legal fees) arising out of, or in connection with (I) any use you make of the content outside the scope of this agreement; (II) any breach or alleged breach by you (or by 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 the authorization required 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 NAY LOSS OF BENEFITS, PUNITIVE, SPEACIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER SIMILAR DAMAGES THAT ARISISE FROM 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 WARRANTIES OR IMPLIED LIABILITY.

  • Mayoral Moda Infantil SAU N.I.F: A29076049 C / La Orotava 118 - 29006 Málaga - Spain.
  • Registered in the Mercantile Registry of Malaga to Folio 200, Volume 1240 of the file, Book nº 153, of the General section of Companies, sheet MA-6554, 1st inscription.
  • For any doubt, suggestion, claim or consultation 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.
  • Severability. 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 an enforceability of the other provisions will not be affected. Such provisions should be corrected only to the extent necessary to make them applicable.
  • Waiver. No action by either party, other than an express written waiver, may be construed as a waiver or 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 notifications that must be addressed to Mayoral Moda Infantil SAU under this agreement, must be sent by email to lopd@mayoral.es. All notifications addressed to you must be sent by email to the email address indicated in your account.
    • 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 the Spanish Law. In compliance with provisions of art. 10 of Law 34/2002 of July 11, on Services of the Information Society and electronic commerce, we detail the following information:

a) Specific Clause on the Prohibition of Modification and Use of AI
Prohibition on Content Modification and the Use of Artificial Intelligence Technologies.
Without prejudice to the provisions set out in the “Restricted Uses” section, the Client expressly acknowledges and agrees that:
The licensed content (including images depicting natural persons, especially minors) may only be used in the form delivered by Mayoral Moda Infantil SAU, with only neutral technical adjustments permitted (such as cropping, reframing or color correction) that do not alter the editorial integrity of the content or the appearance of the persons depicted.
Any substantive modification of the content is strictly prohibited, including, but not limited to:
  • Altering the physical features, facial expression, body build or clothing of the persons depicted;
 
  • Inserting the persons depicted into backgrounds, scenes or contexts other than the originals that could be contrary to their interests, degrading, demeaning, sexualized, or liable to harm their honor, privacy or right to their own image;
 
  • Combining the content with other graphic, audiovisual or textual elements that could distort the legitimate commercial purpose of the content or associate the image of minors with products, services or messages not authorized by Mayoral Moda Infantil SAU.
It is prohibited to use the content, its metadata, or any information associated with it:
To train, feed or improve machine learning systems, Artificial Intelligence, or biometric technologies;
To generate, through Artificial Intelligence systems (including, without limitation, generative image, video or text models), new images, videos or derivative materials that reproduce, imitate or manipulate the image of the persons depicted in the content, especially minors.
The Client acknowledges that any use of the content that violates this clause: Constitutes a material breach of this agreement; Excludes the application of the non-infringement warranty granted by Mayoral Moda Infantil SAU with respect to the content in its original form; and May give rise to claims by third parties (including parents, guardians, models and casting agencies) for unlawful interference with fundamental rights, the management of and liability for which shall rest solely with the Client.
b) Liability Clause for Third-Party Claims (Parents, Models, Agencies)
Client Liability for Third-Party Claims
The Client acknowledges that Mayoral Moda Infantil SAU has obtained the authorizations necessary for the use of the content for the purposes set out in this agreement, and that such authorizations do not cover uses other than those specified, nor do they cover modifications to the content made by the Client or by third parties acting on the Client’s behalf.
The Client shall be solely liable for any claim, judicial or extrajudicial action, demand or complaint made by:
  • The persons depicted in the content (including minors),
  • Their parents, guardians or legal representatives,
  • Casting agencies or model representatives,
  • Or any other third party, arising from:
  • The modification of the content by the Client or by third parties acting on its behalf;
  • The use of the content in contexts, platforms or for purposes not authorized under this agreement; or
  • The use of the content for machine learning, Artificial Intelligence or biometric technology purposes.
In such cases, the Client agrees to:
  • Defend, indemnify and hold harmless Mayoral Moda Infantil SAU, its parent company, subsidiaries, employees and content providers, against any damages, costs, administrative penalties, compensation (including moral damages) or expenses (including reasonable external legal fees) arising from such claims;
 
  • Bear the cost of any compensation that may be awarded for unlawful interference with the right to honor, privacy or one’s own image of the affected persons, in accordance with Organic Law 1/1982 and Organic Law 1/1996;
 
  • And immediately take all necessary measures to stop the interference, including removing the content (original and modified) from all media and platforms on which it has been disseminated.
Mayoral Moda Infantil SAU may, at its sole discretion, intervene in the handling of such claims to protect the image of the company and of the minors affected, without this implying any assumption of liability for the acts attributable to the Client.
c) Specific Termination Clause for AI Use / Manipulation of Images of Minors
Termination for Improper Use of Artificial Intelligence and Manipulation of Images of Minors
Without prejudice to the other grounds for termination set out in this agreement, Mayoral Moda Infantil SAU may immediately terminate this license agreement, in whole or in part, with respect to a Client, by simple written notice, when:
  • It detects or has reasonable grounds to believe that the Client has used the content for machine learning, Artificial Intelligence or biometric technology purposes in violation of this agreement; or
 
  • It becomes aware that the Client has modified, manipulated or combined images of minors included in the content in a manner contrary to their interests or liable to harm their honor, privacy or right to their own image.
In such case, the Client must:
  • Immediately cease all use of the content (original and modified);
  • Delete or destroy any copies of the content and of any derivative versions it has created, on any medium;
  • If requested, confirm in writing to Mayoral Moda Infantil SAU that it has fulfilled these obligations, providing reasonable evidence of the removal of the content from its channels and platforms.
Termination under this clause shall not limit Mayoral Moda Infantil SAU’s right to claim damages incurred, nor to pursue any applicable civil or criminal actions.