THIS IS A LEGAL AGREEMENT BETWEEN YOU (”LICENSEE”) AND Stan Amster/New England Photgraphy in regards to all images on Stan Amster/New England Photgraphy’s web site. Your right to reproduce an image(s) is subject to the terms, conditions, and restrictions set forth in this agreement and is conditioned upon your full payment of the license fee prior to your reproduction of the image(s). By using this site you agree to these terms.11. PAYMENT
If you are entering into this Agreement on behalf of your employer, the License granted and the restrictions and limitations on the use of the images set forth below apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer may continue to use the images under the terms of this Agreement.
1. LICENSE USE
Stan Amster/New England Photgraphy grants you, and your employer if you are licensing image(s) on behalf of your employer, a non-transferable, non-exclusive, worldwide, perpetual License to store, reproduce and use the specific photographic image(s) that you have purchased during this transaction for your own commercial or non-commercial use, other than those uses specifically restricted herein. The images may be shared by no more than FIVE(5) individuals (including you) employed by the same entity may have access to the Images. You expressly acknowledge that this is not a “simultaneous users License” and you may not have more than FIVE (5) specific people access the Images even if only FIVE (5) people are accessing the Images at any particular time.
(A) REPRODUCTION RIGHTS GRANTED. You have the right to use the royalty-free image(s) for the following:
i: You may use the image(s) in any print or electronic advertising, editorial or corporate project. Projects such as; magazine and newspaper advertising, editorial books, catalogs, newsletters, brochures, reports, disposable packaging, book covers, textbooks, point of purchase, websites, personal use, comps, tests, and billboards on a worldwide basis in perpetuity. Broadcast media using television is not allowed under this contract.
ii: You may back up, copy, or archive the image(s) as is necessary for your own personal use, and only as is necessary for that use. Any copy or archive you make must include the image(s) copyright information.
iii: You may modify or alter the image(s) as is necessary for your use of it, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to Stan Amster/New England Photgraphy. Such derivative work may be used only as permitted in accordance with these terms and conditions, and you hereby assign any and all copyrights with respect to such derivative work to Stan Amster/New England Photgraphy, which assignment the parties hereby agree is valid under the U.S. Copyright law. If requested by Stan Amster/New England Photgraphy, you agree to execute a written assignment of any such copyrights with respect to such derivative work.
(B) RIGHTS SPECIFICALLY NOT GRANTED TO YOU. You may not use any royalty-free image(s) for any of the following:
i: You may not use the image(s) in a down-loadable database where you are giving permission to others or implying to others that they may use, download or copy the image(s).
ii: You may not use the image(s) in connection with any potentially sensitive issue including, but not limited to, sex, reproduction rights, physical or mental challenges, AIDS or substance abuse.
iii: You may not use the image(s) to directly or indirectly imply an endorsement or affiliation with individuals, products or entities that have not expressly authorized such usage.
iv: You may not use the image(s) in a way that may be considered defamatory, libelous, pornographic, obscene, immoral, fraudulent or to defame or disparage, directly or indirectly, any person, product or entity or any other unlawful use. v: You may not sell, give or transfer the image(s) to a third party.
All image(s) are copyrighted. Stan Amster/New England Photgraphy owns all rights to the image(s). All rights not specifically granted to you by the use license/invoice are reserved.
Ownership of the image(s) always remains with Stan Amster/New England Photgraphy. Recipient does not acquire any right, title, or interest in or to any image(s) by the receipt of an electronic file or print of an image(s) or by the granting of the license to reproduce an image(s). Full credit and copyright information must remain with the image(s) file.
Any rights we grant to you for image(s) from this site are non-transferable. You may not re-sell, rent, loan, give, sub-license or otherwise transfer to anyone the image(s) or the right to reproduce the image(s) (except insofar as it has been incorporated by you into one of the permitted uses outlined in the License Agreement/Invoiced and nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the image(s). You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating, or distributing the image(s).
You agree to hold Stan Amster/New England Photgraphy and the photographer harmless from all claims and/or damages or liability or any kind arising from any reproduction or use of the image(s) or this website, including defamatory use. Stan Amster/New England Photgraphy gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any picture, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured. You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity.
6. WARRANTY & LIMITATION OF LIABILITY
Stan Amster/New England Photgraphy does not warrant that the digital delivery will be on a timely basis, uninterrupted, error free or compatible with any computer hardware or other equipment, operating system or software program. Stan Amster/New England Photgraphy makes no warranty, either express or implied, including without limitation, any implied warranties of merchantability or fitness for any particular purpose. Under no circumstances will Stan Amster/New England Photgraphy or the owner of the images be liable to you for any direct, incidental, consequential, indirect or punitive damages as a result of the use of this site or from your access or use of the images on this site. In any event, the limit of liability of the copyright owner of the image and agent shall be the fee paid for the image to agent.
Recipient shall indemnify Stan Amster/New England Photgraphy against all claims arising out of the use of any images where the existence of such release has not been specified in writing by Stan Amster/New England Photgraphy. In any event, the limit of liability of Stan Amster/New England Photgraphy shall be the sum paid to it per the invoice for the use of the particular photograph involved. User will hold Stan Amster/New England Photgraphy harmless from all claims for the use of the images, including defamatory use. Stan Amster/New England Photgraphy gives no rights or warranties with respect to the use of names, trademark, logotypes, registered or copyrighted designs or works of art depicted in any picture, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured.
8. TERM AND TERMINATION
(A) The License granted under this agreement remains in force until terminated.
(B) Your permission to use the Images will terminate automatically if you fail to comply with any term of this agreement. the agreement will also terminate without further action or notice by us if you become bankrupt, go into liquidation, suffer or make any winding-up petition, make an arrangement with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in any jurisdiction in consequence of any debt.
(C) Upon termination of this agreement for any reason you will destroy the Images together with any copies in any form, including copies on your hard and back-up disks, in your possession or control. You will provide us with written confirmation of such destruction from an authorized officer of your company or personally from an individual. Any use of any copies of the Images after termination of the License is unlawful.
9. PHOTO CREDIT AND SAMPLES
Images used editorially must bear a credit line which must follow this format: © YEAR, Stan Amster/New England Photgraphy. Should you fail to show our copyright notice as outlined above, the use fee will be doubled. No photo credit is needed when used for advertising purposes. User agrees to provide Stan Amster/New England Photgraphy with two copies of reproductions produced. It is agreed that Stan Amster/New England Photgraphy may use and publish the samples provided for its own self-promotion.
10. CANCELLATION POLICY
Once an image has been emailed or delivered on a disk, there are no refunds or cancellations . You authorize Stan Amster/New England Photgraphy to charge you for the selection of image(s) and accept the terms stated within this License Agreement upon ordering the image(s).
Your use of the image(s) is predicated on the payment in full for the use of the image(s). Should you use an image(s) and not make full payment, you are in violation of U.S. copyright law and subject to penalties. In such a case, Stan Amster/New England Photgraphy may use all legal means to collect damages. Unless you pay by Credit Card, all invoices are due upon receipt. A finance charge of 2% per month will be applied on any balances unpaid after thirty (30) days.
12. UNAUTHORIZED USE OR RETROACTIVE LICENSE FEE
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize and image other than specified in the use license or on the invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek damages and remedies available, including attorney’s fees and all associated costs.
Additional rights may be available. If you are unsure of your rights under this agreement, or if you wish to use an image(s) in a manner not permitted under this agreement, please contact Stan Amster/New England Photgraphy by Email at: Stan Amster/New England Photography.
This contract contains all the terms of the agreement between you and Stan Amster/New England Photgraphy concerning transmission, delivery and licensing images, and no term or conditions may be added or deleted unless made in writing and signed by both of us.
By using this site you agree to these terms.