| 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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