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Terms and Conditions for Licensing Defined

Thank you for your interest in my stock photography.
If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement.
PhotoSourceGROUP requires registration in order to validate your payment information and to keep track of your account. Your information is kept secure on our server, and we will not provide your e-mail address to any third party without your expressed permission.


[ Photographer ] reserves the right to alter, modify or update these Terms and Conditions of use at any time and you agree to be bound by such modifications, alterations or updates in-force at time of licensing.
All sales are final. At such time you are granted non-exclusive right to use the Image(s) in accordance with the consideration issued on the invoice and each item in the Terms and Conditions of this agreement. Licensee is required to give accurate factual information in the proposed usage in licensing requests.
Your personal, financial information is very carefully protected by PhotoSourceGROUP. Our checkout process utilizes industry-leading 1024-bit SSL encryption to protect your credit card information as it is transferred to our server. (You will notice that a small yellow lock appears on the bottom bar of your browser during the checkout process to confirm that your information is being protected.) PhotoSourceGROUP uses triple-DES encryption algorithms to store your credit card information, guaranteeing that, even if someone were able to access the database, there would be no recognizable or usable information that could be extracted. You can read more about our security in our Privacy Policy.

As a provision for access to or use of Image(s), [ Photographer ], referred to herein as "[ Photographer ]", requires the following Terms and Conditions for use of its web site content, [ Company Name ]or of the Images represented by [ Photographer ]. [ Photographer ] refers to its agents, assignees, sub-contractors, successors and representatives.

This contract is between [ Photographer ] and visitors to the www.[ Company Name ], clients of [ Photographer ] and/or licensees of rights to Image(s), as well as the principals, employees, agents or affiliates of these entities, hereinafter collectively referred to as the "Licensee".

Licensee and [ Photographer ] irrevocably agree as follows:

1. INTELLECTUAL PROPERTY: The designation " Image" or "Images", as used herein, typically means a photographic or illustrative representation of one or more objects, scenes or persons or any arrangement thereof as interpreted by the illustration’s or photograph’s creator, and represented by [ Photographer ], whether captured or stored in any photographic, digital, optical or other media, and specifically designated by the photograph(s) or illustration(s) described on the Invoice. The term "Creator" means the person or persons who originally created the Image, as used herein, and holds the copyright to the Image. The term "Invoice", means the written statement of licensed usage and total due from Licensee for use of the Image(s) that are provided by [ Photographer ], as used herein, whether provided by mail, fax, email or on screen display.

2. AGREEMENT: The provisions of the Invoice, together with these Terms and Conditions, comprise a binding agreement between Licensee and [ Photographer ]. Licensee accepts and agrees to all Terms and Conditions herein and upon accessing or viewing Images in any form. Licensee reconfirms acceptance of this agreement each time Licensee clicks or activates any "I Accept" button at the [ Company Name ] ?Purchase Options? web page.

3. PROPERTY: All and every Image(s) and rights therein, including copyright rights, are and will remain at all times, without exemption, the sole and exclusive property of the Creator, including any and all alterations, additions, adaptations, derivatives, duplications, subtractions, composites or facsimiles of the Image(s), in whole or in part, regardless of form or media.

4. PAYMENT: [ Photographer ] grants Licensee limited rights to use the Image(s) specified on the Invoice, subject to payment in full of the amount stated on the Invoice. Usage rights are limited to one time use for one year, unless otherwise stated on the Invoice. No rights are granted prior to payment in full. Licensee further agrees that publication of Image(s) without payment in full constitutes copyright infringement by Licensee.

5. MANIPULATION: Licensee is allowed to crop, resize and color correct Image(s) and use Image(s) in temporary drafts for internal design test purposes, including low resolution Images that can be viewed at the [ Company Name ] web site but not represented on the Invoice. Except as stated herein or permitted on the Invoice, Licensee will not make any alterations to any Image(s), including without limitation adaptations, additions or subtractions or duplicate, use, publish or distribute any Image(s), in whole or in part, or permit equivalent by others.

6. EDITORIAL USE: Licensee or agents of, are requested to attach appropriate copyright notice reading "© (Creator's name) c/o [ Photographer ]" or © <Year-date-of-job> <PHOTOGRAPHER> adjacent to or in the same published work as the Image(s) if a) publication is for editorial purposes, b) publication is for advertising and promotional use, and Licensee, at its discretion, chooses to do so, or c) publication in its entirety is not copyrighted by Licensee.

7. USE RESTRICTIONS: The Image(s) are prohibited to be used in any way that is defamatory, violates the rights of third parties (including such third parties' rights of copyright, privacy, publicity, or other tangible or intangible property), or are otherwise illegal or obscene, directly or in context or juxtaposed with objectionable subject matter, or that results in damage to the reputation of the Creator. Any use that infringes on any trade name, trademark or logo is also prohibited. If you are licensing a royalty-free photo, you pay a fee that allows you to use the image in as many different projects as you wish, for a limited time period. There are no limitations on the types of projects for which you can use an image. The limitation is on providing the image to other entities. You cannot sell a royalty free photo to a client or other photobuyer even if you only use part of the image or include it with other images.

8. RELEASES: [ Photographer ] is not responsible for obtaining model, property, or other releases in connection with any of the Image(s) herein unless specifically stated that release is held by [ Photographer ]. No model, property or other release exists unless provided in writing to Licensee by [ Photographer ].
9.LIABILITY: Licensee indemnifies, holds harmless and agrees to protect the Creator and [ Photographer ], against all claims, liability, damages, costs and expenses, including legal fees and costs and/or expenses of collection services used to acquire payment from Licensee, as a result of (a) any and all uses of Image(s) by Licensee, including claims for defamation or liable or infringement of rights of copyright, publicity, privacy or other tangible or intangible property, and (b) any violation of this agreement by Licensee.

10. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES WILL [ PHOTOGRAPHER ] OR THE CREATOR BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR INFORMATION, OR FOR BUSINESS INTERRUPTION) ARISING OUT OF (a) THE USE OR INABILITY TO USE IMAGES OR (b) THE INABILITY TO OBTAIN ADDITIONAL RIGHTS TO IMAGE(S) (SUCH AS ADDITIONAL RELEASES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any event, the total liability of the Creator and [ Photographer ] shall not exceed the total amount actually paid by Licensee under the Invoice. Licensee assumes full liability for its actions and omissions. FURTHERMORE, [ PHOTOGRAPHER ] DISCLAIMS ALL WARRANTIES RELATING TO THE IMAGE (S), WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE.

11. AMENDMENTS: This agreement is the full understanding between [ Photographer ] and Licensee. No amendment or waiver of any terms is binding unless set forth in writing and signed by both parties. [ Photographer ] hereby objects to any terms contained in any writing prepared by the Licensee that purports to govern the licensing transaction described on the Invoice, which terms are in any way not consistent with any terms set forth on the Invoice, in these Terms and Conditions, or in [ Photographer ]'s standard service procedures, unless such writing is countersigned by [ Photographer ].

12. GOVERNING LAW: This Agreement and the licensing transaction described on the Invoice shall be governed by and interpreted under the law of the State of Colorado, and the State of Wisconsin, , U.S.A.. Any case, controversy, suit, action, or proceeding related to this agreement shall be brought, at [ Photographer ]'s sole discretion, in any federal or state court located in the County of Denver, State of Colorado, U.S.A., or in any national, federal, state or provincial court whose geographical jurisdiction covers the location of the Creator. The parties expressly submit to the personal jurisdiction and venue of each such court. [ Photographer ] reserves all rights and remedies under law.

13. PERSONAL USE: If you copy an image from the[ Company Name ] website it is acceptable to use it for personal information and for educational purposes so long as credit for ownership is prominently displayed with the image. Any claim to ownership shall be construed as an infringement to the copyright and damages could be sought and awarded.

[ Photographer ]
[ e-mail ]
[ Company Name ]

  Q&A for Photobuyers


Q: Can I search for images without logging onto PhotoSourceGROUP?
A: Yes, you can. In fact most researchers use our search URL: www.search.photosource.com. Another search avenue is, while in Google, type a word (or words) describing what you are looking for, a space, and then the word, photosource. This will take you to the name of a photographer who has photos in the subject area you are searching for. You will see a series of written photo descriptions, with your subject content highlighted.
Q: What is the lightbox feature?
A: Several options are listed under the images that appear when a search is done: you can view an image, by either clicking on the image, or by clicking on 'view larger image' underneath the image. If no image appears, this means the image is available but has not yet been posted at PhotoSourceGROUP. Press the “Send Lightbox” option. A low-res copy of the image will be sent directly to your e-mail address.
You can save images to the viewing bar by clicking "save image to viewbar" under the image. A screen will appear that will allow you to choose what you want to name the viewbar, and if using multiple viewing bars, what view bar you want to include that particular image in. You can also delete or move images within viewing bars at any time. Note: Only registered viewers may use these features.

Q: Can I have multiple viewing bars?
A: There is no limit to the number of viewing bars that you can store on the site.

Q: Can I email viewing bars?
A: Yes, you can. Click on 'e-mail viewbar,' indicate which viewbar you wish to send, then enter the address where you want to send it.

Q: Can I send different viewbars to different people?
A: Yes, just repeat the process until all viewbars are sent to all interested parties.

Q: Do I have to reenter my company information each time I enter the PhotoSourceGROUP site?
A: No, you do not. Once you are logged on the site, all of your company information will be saved and remembered each time you enter PhotoSourceGROUP. All your information will automatically be copied to any forms that need to be filled out. Simply login when entering the site, and enter your user name and password. If you need to make any changes, check the box indicated and fill out any changes that are appropriate.

Q: What if I forget my password?
A: At the Help Desk, enter your user name (e-mail address) and click “send." Your password will automatically be sent to you via email.

Q: What if I need to change my company information?
A: If you are not already logged in, login and click on “Change Company Info.”

Q: Can I search by image number?
A: Yes, simply enter the image number in the search box and click ”submit.”

Q: How do I know how many images you have on any given subject?
A: Our images are generated from our subscribers, who have listed, in text-form, descriptions of their available images. Each photographer has been given 3,000 words to enter those descriptions in our database, now totalling more than 2 million photo descriptions. If a specific image that you want is not immediately available to view on the website, contact the identified photographer, who will submit a low-res lightbox version to you and a high-res version to the PhotoSourceGROUP viewing website.
Q: What file sizes do you have available?
A: We indicate on each image the file size for which the picture would be appropriate: multimedia, medium, high, or super resolution. High resolutions files are a minimum of 8 inches by 11 inches at 300 dpi.
Q: What if I can’t find what I am looking for?
A: We have two ways of finding that image for you. The PhotoDaily is a subscriber-based marketletter that is sent to a select group of professional photographers every day at 2pm CST. If you are paying $100 or above for the use of the picture, we will list your photo need in the PhotoDaily. If you are paying below $100, we will list your photo need in the weekly (every Thursday) PhotoLetter marketletter. There is no charge to list.
You can also conduct a search of your own for the source of a needed photo: www.search.photosource.com. The name of a member photographer who has a deep selection of photos in the subject area you need, will come up on the screen.
Note: We can also help you search. Phone our editor’s desk: 1 800 223 3860; or fax: 1 800 PHOTOFAX; or e-mail: Info@photosource.com
Q: Can I see any amount of images at any time on the screen?
A: You can view up to 40 images at any time on the screen; just click the drop box and choose the number you wish to see.
Q: Can I order a hi-res image?
A Yes, high resolution images can be downloaded directly from the site. Use the pricing calculator by each image to price the usage you have in mind, and click Add To Cart to initiate the purchase.
Q: I know how to license a RF photo, but how do I license a Rights Managed Photo?
A: Our Pricing Calculator will let you know your fee for the one-time use of the Rights Managed photo you select. The fee is based on these considerations: Placement of image: inside, chapter head, cover, back cover. Intended use: editorial newspaper, magazine, print advertising, calendar, book, website, multi-media. Image size; full page, 1/2 page, 1/4 page, 1/8 page. Print run (circulation). Duration: single usage, six months, one year, three years. If you need assistance please contact us at 1-800-624-2066.
Q: What if I’m not happy with the quality of a file I purchase and download from PhotoSourceGROUP?
A: We offer a full satisfaction guarantee. Simply notify us within 24 hours from when you made the purchase and we will cancel your order and refund the purchase price.
Q: What if I have questions about an image and need information from the photographer?
A: You have two options. Either contact the photographer directly, or contact us with the questions you have and we will forward them to the photographer for you. We’ll send the photographer’s reply to you. Don’t forget to include the image number and the photographer’s name.
For more photo searching ideas:
http://www.photosource.com/photobuyer/search/easy.php




 
       
 
 

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