 |
Information |
 |
|
|
| Licensing Terms |
|
|
|
Rights-Managed Licensing
When you use rights managed, you are assured of the limited use of the image.
You can even request exclusive rights to that image to eliminate its simultaneous
use by other agencies and competitors. Rights managed images may require model,
property, or estate releases (that is, permission from photographed subjects or
owners of the objects to reprint their image). We can deliver traditionally licensed
images to you in different formats depending on your need. Options include your
choice of electronic files (available in multiple resolutions and file formats)
or as transparencies, slides, or proof prints.
License Agreement
This is a legal agreement between you and Photokaleidoskop pertaining to licensing
reproduction rights for any image on this website. Please read this agreement
carefully before buying any image. By doing this you agree to be bound by the
terms and conditions of this agreement and the image usage specifications listed
in your order. If you do not agree, you can abort at any time the checkout procedure
to decline this agreement and you will not be granted a license to the image.
If you are entering into this agreement on behalf of your employer, this license
granted and restrictions and limitations recited herein shall apply to your employer
and to you as a representative of your employer.
All the images included in our website are copyrighted and all rights to these
images are owned by Photokaleidoskop. All rights that are not specifically granted
to you by this agreement are reserved. Your right to use any of our images is
subject to your full payment of the license and the restrictions set forth in
this agreement.
Copyright
All images are copyrighted. Photokaleidoskop own all rights to the Images. No
ownership or copyright in any image shall pass to you by the issue of an invoice
with respect to the Image. You must provide copyright protection for any image
represented by Photokaleidoskop. Such copyright shall be immediately assigned
to Photokaleidoskop. The following credit line is required for any editorial use
of an Image "©Photokaleidoskop/Photographer" For commercial uses
you shall include the credit described above.
Rights
Photokaleidoskop grants you and your employer, if you are licensing on behalf
of your employer, a one-time non-exclusive (unless stated otherwise in the Invoice),
non-sublicensable, non-transferable right to use the Image within the usage parameters
stated in your order and invoice.
Restrictions on use
The rights hereby granted to you are non-transferable which means that any work
that you produce using an image must be for your own use, or for the use of your
direct employer, client or customer, who must be the end-user of your work. You
may not sublicense, sell, loan or otherwise transfer to anyone any image or the
right to reproduce the image except insofar as an image has been included by you
into one of the authorized uses as stated on your invoice and nothing you produce
shall grant, or purport to grant, to any third party a right to use or reproduce
the images. You hereby agree to take all commercially reasonable steps to prevent
third parties from duplicating or distributing the Images.
Unless otherwise specified, images are licensed on a non-exclusive basis and are
strictly limited to the use, medium, period of time, print run, placement, size
of image, territory and any other restrictions specified on the invoice, which
is incorporated into this agreement by this reference, and as incorporated together
with this agreement constitutes the full license granted. No secondary advertising
or commercial rights whatsoever are granted or implied unless specifically stated
on the invoice.
All rights not specifically granted to you by this Agreement are reserved. Your
right to reproduce an image is subject to the restrictions set forth in this Agreement
and is conditioned upon your full payment of the license fee prior to your reproduction
of the Image.
Fees for your license of an image depend on the nature of the rights granted.
You agree to notify Photokaleidoskop in the event that you desire to expand the
usage of any image and agree to pay any additional license fee.
Use of an Image in a manner not specifically authorized by Photokaleidoskop is
copyright infringement.
You are responsible for the verification of all information appearing in the License.
Photokaleidoskop reserves the right not to license an image for any reason whatsoever.
You may only use a single copy of the image on a single computer. You may only
download the image onto one computer hard drive or other computer medium and may
not otherwise make, use or distribute copies of the image for any other purpose.
Upon the completion of the licensed use you shall erase or destroy all reproducible
copies of the image.
Releases
Unless specifically stated by Photokaleidoskop in writing, no valid model release
or other release exists for any Image.
Photokaleidoskop gives no rights on or warranties with respect to the use of names,
trademarks, logos, registered or copyrighted designs or works of art depicted
in any image. You must satisfy yourself that all necessary rights, consents or
permissions as may be required for reproduction are obtained from the appropriate
party.
You agree to assure and hold harmless Photokaleidoskop against all claims arising
out of the use of any image where the validity and existence of any release (i.e:
model or property releases, use of trademarks, logos etc.) has not been expressly
acknowledged in writing by Photokaleidoskop.
Unauthorized uses
You may not use the images for any form of pornography, or in a libellous, defamatory,
fraudulent, infringing, or other illegal manner. Advance written permission is
required for use of images for sensitive subjects, included, but not limited to
matters of sexual nature, substance abuse, physical or mental abuse, alcohol,
tobacco, AIDS, cancer or other serious physical or mental ailments or the disparagement
of a person or product.
You may not use an image in any manner not specifically authorized in the invoice.
You may not use an image on any image storage jukebox, network configuration or
similar computer network arrangement.
You agree to assure and hold Photokaleidoskop harmless against any claim for damages,
losses or any costs, including reasonable attorneys fees, arising in any manner
whatsoever from the unauthorized use of any Image or from the breach of any of
the terms of this Agreement.
Any failure by you to pay any amount when due, or any use by you of an image beyond
the scope of the license set forth on the invoice, shall be a material breach
of this Agreement.
Payment
Unless you prepay by credit card, a finance charge of 3% per month, will be applied
on any unpaid balance after the payment date specified on the invoice.
Cancellation
If any licensed Image is not reproduced by you in any way, you can, within 14
days of the date of the invoice, request in writing, the cancellation of the license.
Photokaleidoskop can then proceed to cancel the invoice and issue a full credit
to your account or credit card.
After 14 days, no cancellations will be accepted and the full amount invoiced
shall be paid.
Warranties
Photokaleidoskop makes no warranties, expressed or implied, including, without
limitations, any implied warranties or merchantability or fitness for a particular
purpose. Neither Photokaleidoskop nor its employees, partners, licensors, or agents
shall be held liable for any indirect, consequential, punitive, or incidental
damages arising out of, or the inability to use, an image, even if Photokaleidoskop
has been advised of the possibility of such damages. In any event, the limit of
liability of Photokaleidoskop shall be the fee paid for the particular image.
No Waiver, Severability
This Agreement constitutes the entire understanding of the parties pertaining
to licensing reproduction rights on the Licensed Images. No terms or conditions
may be changed or added unless made in writing and signed by both parties. No
action of Photokaleidoskop, other than an express waiver, may be construed as
a waiver of any clause of this Agreement. In the event Photokaleidoskop waives
any specific part of this Agreement, such fact shall not mean that any other part
is waived.
Should any clause of the present Agreement be found unenforceable, whenever
possible this will not affect any other clause and each will remain in full force
and effect.
Governing Law and Venue
This Agreement, and all matters collateral thereto, shall be governed by and construed
in accordance with the laws of Germany, and any dispute arising hereunder shall
be litigated solely in a court of competent jurisdiction in Bamberg, Germany.
Notwithstanding this, this shall not preclude Photokaleidoskop from reserving
the right to resolve a dispute in another competent jurisdiction.
|
|
|
|
|
