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| | There are multiple license agreements for this publisher. eStock Photo License Agreement eStock Photo License Agreement
THIS LICENSE AGREEMENT IS ENTERED INTO BETWEEN YOU AND ESTOCK PHOTO FOR THE LICENSING REPRODUCTION RIGHTS FOR ANY IMAGE DISPLAYED ON THIS WEB SITE “IMAGES”. BY COMPLETING AN ORDER YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
RIGHTS GRANTED
All rights not specifically granted to you by this License Agreement are reserved. Your right to reproduce an image from this web site is subject to the restriction set forth in this Agreement and is effective only upon your full payment of the license fee prior to the reproduction of the image. No additional usage, reuse or new use in any form may be made of any Image without first contacting eStock Photo to purchase additional rights, either returning to this web site or by speaking with an eStock Photo sales representative. The following credit line is required for any editorial use of an Image, copyright: Photographer/Agency. You must provide copyright protection for any Image you obtain from eStock Photo. Such copyright shall be immediately reassigned upon request with no charge. IF YOU ARE UNSURE OF YOUR RIGHTS UNDER THESE TERMS, OR IF YOU WISH TO USE AN IMAGE IN A MANNER NOT SPECIFIED OR PERMITTED BY ANY INFORMATION ON THIS WEB SITE, PLEASE CONTACT ESTOCK PHOTO AT 1-800-284-3399
REPRODUCTION RIGHTS
When you purchase Image reproduction rights via the Shopping Cart function of this web site, eStock Photo grants you a non-transferable, one time, NON-EXCLUSIVE right to use the Image ONLY IN THE UNITED STATES and only for the purposes stated in the “Shopping Cart” and confirmed in the “Check Out”page for a period of ONE YEAR FROM THE DATE OF YOUR ORDER, unless otherwise stipulated.
MODEL RELEASES
You may NOT rely on model releases or other releases for any Image unless these releases are expressly acknowledged by eStock Photo IN WRITING. If eStock Photo erroneously advised you that an Image is released when it is not, eStock Photo’s liability shall be limited to the amount you paid eStock Photo for the Image. You agree to indemnify eStock Photo against all claims arising out of the use of any Image where the existence of a release has not been expressly acknowledged IN WRITING by eStock Photo. eStock Photo makes no representation or warranty with respect to the right to use names, content, images, trademarks, logotypes, designs or art depicted in any Image, You or your client MUST satisfy itself that all necessary rights, consents or permissions that may be required for reproduction are secured from the appropriate party.
RESTRICTIONS AS TO USE OF IMAGES
Use of the Image beyond the terms of this limited License Agreement without first obtaining an additional license is absolutely prohibited. You may not use the image(s) in any manner that is defamatory, whether directly or in context or juxtaposition with specific subject matter. You may not use any Image in connection with any potentially sensitive issue including but not limited to, sex, pornography, contraception, abortion, sexually transmitted diseases, mental or physical abuse, domestic violence, physical or mental challenges, illness of any kind, prostitution or phone call centers, dating services, AIDS, substance abuse, alcohol, tobacco, cancer or possible defamation or disparagement of character or product. Under certain circumstances “Sensitive issue releases” may be available for an Image and that release may allow licensing providing written consent is attained directly from ESP or from one of its Photographers. It is your responsibility to determine if that release is sufficient for your use and you specifically indemnify ESP, its employees, assigns and contributors in any lawsuit that is a result of your usage of the Image. Archiving, republishing or transmitting any Images on any database without ESP’s prior written consent is prohibited. No Copying or publishing any of the Images to a network or bulletin board or otherwise distributing or allowing any of the Images to be distributed to or used by anyone other that the authorized users, without prior written consent from ESP. You may not sublicense, rent or lease any of the Images. You may not use the Image in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter. Shipping, transferring or exporting any of the Images into any country or use any of the Images in any manner prohibited by a ny export laws, restrictions or regulations without ESP’s written consent. User assumes full liability for its employees, agents, assigns and freelance or contract staff for the misuse of any Images displayed on this web site.
UNAUTORIZED USE
Use of any Image without eStock Photo’s consent and payment by you of the applicable charges is unauthorized. eStock Photo’s penalty charge for any unauthorized use of any image displayed on this web site is at least (5) five times the price eStock Photo would have charged for the authorized use of the Image. If you fail to pay eStock Photo’s invoice for the unauthorized use within (10) business days, the invoice shall be canceled and eStock Photo will sue for copyright infringement and seek damages in the full amount permitted by law, including attorney fees and associated costs. You will provide (3) three copies at no cost to eStock Photo of the printed or digital piece or identify the URL for all Web published work.
RETENTION AND RETURN OF DIGITAL FILES AND OTHER MEDIA
Digital files may be retained for sixty days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this License Agreement. Film and or prints must be returned within 30 days of receipt. Failure to return original or dupe film, subjects you to damages.
IMAGE NAME
You agree that you will not change the name of the Image(s) licensed from eStock Photo.
OWNERSHIP
No ownership interest or copyright of any Image displayed on this web site, shall pass to you by the download of an Image or by the granting of the license to reproduce that Image. You have no authority to sell, rent, loan, license or otherwise transfer to anyone the image or any rights to reproduce the Image except for the permitted use stated in the “Check Out” page and printed on Invoice.
INDEMNITY
You agree to indemnify and hold eStock Photo and its Photographer’s harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from the use of an Image or any breach of this agreement. You are responsible for loss or damage to the Image(s) delivered to you from the time of receipt until their return to eStock Photo. You are responsible for the safe delivery and return of the Images and you indemnify eStock Photo against loss or damage to the Images in transit or while in your possession. This agreement is not considered a bailment and is specifically conditioned upon the items delivered being returned toe eStock Photo in the same condition as received. You assume an insurer’s liability herein for the safe and undamaged return of the Images You have (2) two working days upon delivery of Images to report in writing to eStock Photo of any damage to the Images, If no written correspondence has been received within the two days, you are solely responsible for the loss or damage to the Images and will reimburse eStock Photo the agreed upon reasonable sum of $250 per dupe or digital scan and $1500 per original image. You acknowledge that eStock Photo must be advised in writing of any re-use or extended use prior to each release or publication.
CANCELLATION POLICY
When you purchase an Image from this web site via the online pricing and purchase function, A 50% cancellation fee of invoiced amount will be charged within 5 business days after the invoice date. After 5 business days of the invoice date, CANCELLATIONS WILL NOT BE ACCEPTED.
DISPUTES OR CLAIMS
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York City, New York, pursuant to the rules of the American Arbitration Association. Judgement upon the award rendered may be entered in the highest court of the forum having jurisdiction. This License Agreement, its validity and effect, shall be interpreted under and governed by the laws of the state of New York. If User of this contract is an agent or an employee of a non-U.S. company but operates in place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the Federal Court of Manhattan district of New York State.
eStock Photo
1170 Broadway New York, NY 10001
Phone: (800) 284-3399
Fax: (212) 545-1185
E-mail: Sales@estockphoto.com
eStock Photo License Agreement eStock Photo License Agreement
THIS LICENSE AGREEMENT IS ENTERED INTO BETWEEN YOU AND ESTOCK PHOTO FOR THE LICENSING REPRODUCTION RIGHTS FOR ANY IMAGE DISPLAYED ON THIS WEB SITE “IMAGES”. BY COMPLETING AN ORDER YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
RIGHTS GRANTED
All rights not specifically granted to you by this License Agreement are reserved. Your right to reproduce an image from this web site is subject to the restriction set forth in this Agreement and is effective only upon your full payment of the license fee prior to the reproduction of the image. No additional usage, reuse or new use in any form may be made of any Image without first contacting eStock Photo to purchase additional rights, either returning to this web site or by speaking with an eStock Photo sales representative. The following credit line is required for any editorial use of an Image, copyright: Photographer/Agency. You must provide copyright protection for any Image you obtain from eStock Photo. Such copyright shall be immediately reassigned upon request with no charge. IF YOU ARE UNSURE OF YOUR RIGHTS UNDER THESE TERMS, OR IF YOU WISH TO USE AN IMAGE IN A MANNER NOT SPECIFIED OR PERMITTED BY ANY INFORMATION ON THIS WEB SITE, PLEASE CONTACT ESTOCK PHOTO AT 1-800-284-3399
REPRODUCTION RIGHTS
When you purchase Image reproduction rights via the Shopping Cart function of this web site, eStock Photo grants you a non-transferable, one time, NON-EXCLUSIVE right to use the Image ONLY IN THE UNITED STATES and only for the purposes stated in the “Shopping Cart” and confirmed in the “Check Out”page for a period of ONE YEAR FROM THE DATE OF YOUR ORDER, unless otherwise stipulated.
MODEL RELEASES
You may NOT rely on model releases or other releases for any Image unless these releases are expressly acknowledged by eStock Photo IN WRITING. If eStock Photo erroneously advised you that an Image is released when it is not, eStock Photo’s liability shall be limited to the amount you paid eStock Photo for the Image. You agree to indemnify eStock Photo against all claims arising out of the use of any Image where the existence of a release has not been expressly acknowledged IN WRITING by eStock Photo. eStock Photo makes no representation or warranty with respect to the right to use names, content, images, trademarks, logotypes, designs or art depicted in any Image, You or your client MUST satisfy itself that all necessary rights, consents or permissions that may be required for reproduction are secured from the appropriate party.
RESTRICTIONS AS TO USE OF IMAGES
Use of the Image beyond the terms of this limited License Agreement without first obtaining an additional license is absolutely prohibited. You may not use the image(s) in any manner that is defamatory, whether directly or in context or juxtaposition with specific subject matter. You may not use any Image in connection with any potentially sensitive issue including but not limited to, sex, pornography, contraception, abortion, sexually transmitted diseases, mental or physical abuse, domestic violence, physical or mental challenges, illness of any kind, prostitution or phone call centers, dating services, AIDS, substance abuse, alcohol, tobacco, cancer or possible defamation or disparagement of character or product. Under certain circumstances “Sensitive issue releases” may be available for an Image and that release may allow licensing providing written consent is attained directly from ESP or from one of its Photographers. It is your responsibility to determine if that release is sufficient for your use and you specifically indemnify ESP, its employees, assigns and contributors in any lawsuit that is a result of your usage of the Image. Archiving, republishing or transmitting any Images on any database without ESP’s prior written consent is prohibited. No Copying or publishing any of the Images to a network or bulletin board or otherwise distributing or allowing any of the Images to be distributed to or used by anyone other that the authorized users, without prior written consent from ESP. You may not sublicense, rent or lease any of the Images. You may not use the Image in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter. Shipping, transferring or exporting any of the Images into any country or use any of the Images in any manner prohibited by a ny export laws, restrictions or regulations without ESP’s written consent. User assumes full liability for its employees, agents, assigns and freelance or contract staff for the misuse of any Images displayed on this web site.
UNAUTORIZED USE
Use of any Image without eStock Photo’s consent and payment by you of the applicable charges is unauthorized. eStock Photo’s penalty charge for any unauthorized use of any image displayed on this web site is at least (5) five times the price eStock Photo would have charged for the authorized use of the Image. If you fail to pay eStock Photo’s invoice for the unauthorized use within (10) business days, the invoice shall be canceled and eStock Photo will sue for copyright infringement and seek damages in the full amount permitted by law, including attorney fees and associated costs. You will provide (3) three copies at no cost to eStock Photo of the printed or digital piece or identify the URL for all Web published work.
RETENTION AND RETURN OF DIGITAL FILES AND OTHER MEDIA
Digital files may be retained for sixty days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this License Agreement. Film and or prints must be returned within 30 days of receipt. Failure to return original or dupe film, subjects you to damages.
IMAGE NAME
You agree that you will not change the name of the Image(s) licensed from eStock Photo.
OWNERSHIP
No ownership interest or copyright of any Image displayed on this web site, shall pass to you by the download of an Image or by the granting of the license to reproduce that Image. You have no authority to sell, rent, loan, license or otherwise transfer to anyone the image or any rights to reproduce the Image except for the permitted use stated in the “Check Out” page and printed on Invoice.
INDEMNITY
You agree to indemnify and hold eStock Photo and its Photographer’s harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from the use of an Image or any breach of this agreement. You are responsible for loss or damage to the Image(s) delivered to you from the time of receipt until their return to eStock Photo. You are responsible for the safe delivery and return of the Images and you indemnify eStock Photo against loss or damage to the Images in transit or while in your possession. This agreement is not considered a bailment and is specifically conditioned upon the items delivered being returned toe eStock Photo in the same condition as received. You assume an insurer’s liability herein for the safe and undamaged return of the Images You have (2) two working days upon delivery of Images to report in writing to eStock Photo of any damage to the Images, If no written correspondence has been received within the two days, you are solely responsible for the loss or damage to the Images and will reimburse eStock Photo the agreed upon reasonable sum of $250 per dupe or digital scan and $1500 per original image. You acknowledge that eStock Photo must be advised in writing of any re-use or extended use prior to each release or publication.
CANCELLATION POLICY
When you purchase an Image from this web site via the online pricing and purchase function, A 50% cancellation fee of invoiced amount will be charged within 5 business days after the invoice date. After 5 business days of the invoice date, CANCELLATIONS WILL NOT BE ACCEPTED.
DISPUTES OR CLAIMS
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in New York City, New York, pursuant to the rules of the American Arbitration Association. Judgement upon the award rendered may be entered in the highest court of the forum having jurisdiction. This License Agreement, its validity and effect, shall be interpreted under and governed by the laws of the state of New York. If User of this contract is an agent or an employee of a non-U.S. company but operates in place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the Federal Court of Manhattan district of New York State.
eStock Photo
1170 Broadway New York, NY 10001
Phone: (800) 284-3399
Fax: (212) 545-1185
E-mail: Sales@estockphoto.com
eStock Photo License Agreement License Agreement Unavailable |
