General
Terms and Conditions for Image Licensing
_________________________________________________________________
A.
Definitions: Photographer
refers to Richard Hardman. Client refers to the
commissioning party or company named above, its representatives,
successors, assigns, agents and affiliates.
B. Grant of
Rights: Photographer warrants that he is the sole copyright
owner of the photograph(s) and has the sole right and authority to
grant this permission to Client. Grant of reproduction rights hereunder
is conditioned upon Client's acceptance of each term set forth in this
agreement. All rights not expressly licensed to Client in writing
remain the exclusive property of Photographer. Any reuse or use for
purposes other than those declared requires a new authorization from
Photographer and the payment of new royalties.
C. Payment:
Full payment must be received within forty-five (45) days after the
date on the Licensing Contract or prior to publication, or the usage
shall be considered unauthorized.
D. Credit line:
Unless explicitly waived, a copyright protection and credit line in the
form © (YYYY) Richard Hardman (except for
cover, where it can be on one of the opening pages) must appear
adjacent to or within the images or the fee will be tripled. Client
acknowledges that such a triple fee is fair and reasonable for
photographer's loss of recognition and lack of copyright protection
resulting from lack of, or improper, copyright notice/credit line.
E. Web Use:
Unless explicitly waived, all web uses require a credit line under the
form of a link to www.ricksdigitaldesert.com
on the same page where
the image(s) appear.
F. Copies:
For all uses in print, client shall provide to Photographer, upon
request, at least one copy of the use of each photograph.
G. Indemnity:
Client hereby indemnifies and holds Photographer harmless against any
and all liabilities, claims, and expenses, including reasonable
attorney fees, arising from Client's use of Photographer's work.
H. Releases:
Photographer is not responsible for obtaining model, property, or other
releases in connection with any of the photographs licensed herein
unless specifically stated herein. Photographer 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
image.
I. Default:
In the event of non-payment or other breach of this Agreement by
Client, Client shall pay all of Photographer's costs and expenses
incurred in connection with enforcement of the terms of this agreement,
including Photographer's reasonable attorney's fees. Once the image has
been transmitted, refund and exchange are subjected to a research and
processing fee of at least US $50. After ninety (90) days, no refunds
will be issued.
J. Miscellaneous:
Client may not assign or transfer this license. No alterations may be
made in any of these provisions without written consent. Any request
for alterations must be made within ten (10) days.
K. Governing Law:
This agreement incorporates by reference Articles II and III of the
Uniform Commercial Code now in existence, in the State of California,
and the Copyright Act of 1976 as amended. This agreement shall be
deemed to be a contract made under the laws of the United States of
America and the State of California and for all purposes shall be
interpreted in its entirety in accordance with these laws.
Note: Acknowledgment is
given to www.terragalleria.com for allowing me to use
and modify this Copyright Notice and Terms of Use. |