Purchasing Stock
Terms and Conditions of Delivery
COPYRIGHT & OWNERSHIP: All Images submitted are copyrighted, protected by U.S. and international copyright law and remain the exclusive property of Michael DeYoung Photography. Recipient does not acquire any right, title or interest in or to any image(s) by the downloading, copying or scanning of an image(s) or by the granting of the license to reproduce an image(s).
REVIEW PERIOD: Client may take up to thirty (30) days to select Images for use and return the rest. A holding fee of $1.00 dollar per day per Film Image may be charged for unused Images, unless agreed to otherwise.
USE OF IMAGES: All images submitted or downloaded are for examination only. Client is granted a personal one-time, non-exclusive use to copy Image(s) to one computer hard drive for temporary comprehensive layouts ("comp use"). The images may not be used in any final materials distributed internally or to the public. Other than temporary comp use outlined above, Images may not be used in any manner until an Invoice and Grant of Rights is issued and paid in full.
PROHIBITED USES: 1. Creation of any derivative use of an Image unless indicated in Invoice and Grant of Rights. 2 You may not archive, republish or transmit any image(s) on any database, or, copy, publish or distribute any Image(s) to a network or bulletin board. 3. Projection of images for any purpose. 4. Except for minor cropping, color and exposure corrections, you may not make any alterations, additions, subtractions, or distortions by any means without our express written permission. 5. Images may not be sub-licensed, re-licensed, rented or leased.
PAYMENT: Full payment must be received by Michael DeYoung Photography prior to any use(s). Should you use an image(s) and not make full payment, you are in violation of U.S. copyright law and subject to penalties. In such a case, Michael DeYoung Photography may use all legal means to collect damages. Payment terms is to be net (30) days. Cancellation of use of image once high-res has been ordered and transmitted will result in a "kill fee" of $125.
GRANT OF RIGHTS: Your use is strictly limited to the parameters established on our INVOICE and GRANT OF RIGHTS. All rights not expressly licensed to you in writing remain with Michael DeYoung Photography. No rights are granted until payment in full is made. These rights may not be assigned or transferred to a third party. This Grant of Rights supersedes any client purchase order or publishers’ "contributor contract."
COPYRIGHT PROTECTION/CREDIT LINE: For Editorial use, credit line in the form of Copyright "© (Year) Michael DeYoung" must appear adjacent to or within the photograph(s) or fee is tripled. For Non-Editorial use, Client will provide copyright protection by placing proper copyright notice on any use. Proper notice may be either "© Client Name, Year-date of first publication", or "© (Year), Michael DeYoung" adjacent to or within the photograph(s).
RESPONSIBILITY FOR IMAGES: Client is responsible for Images delivered by Michael DeYoung from time of receipt until time of return. Client assumes full liability for its employees, agents, assigns, messengers and contract researchers for the loss, damage or misuse of Images. Liquidated Damages: It is difficult to determine exact value of each photograph delivered under this agreement. However, you acknowledge that these images have considerable value in terms of present and potential commercial value as well as replacement value. User agrees that the reasonable value for loss or damage for each original transparency image is $1500.00 USD, and/or $50.00 USD per duplicate image. Payment for lost or damaged Images does not entitle you any interest, title, or ownership, of said images.
RETURN OF IMAGES: Client agrees to return all such material in undamaged, unaltered and un-retouched condition within thirty (30) days of receipt, or if a License is granted, within three (3) months of date of Invoice. Images are to be returned by bonded courier or by registered mail, prepaid and fully insured.
DESTRUCTION OF DIGITAL FILES: Any and all digital files created from our images, or delivered to you MUST BE DESTROYED after your use of the image(s) is completed, unless you plan to re-license use of the image. In such case, you agree to first notify us for a fee reassessment
INDEMNIFICATION: You agree to hold Michael DeYoung Photography harmless against any and all liabilities, claims, and expenses, including reasonable attorney’s fees arising from the use of an Image(s) or any breech of this agreement. You agree not use the images for any unlawful purpose, to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity.
GOVERNING LAW: The interpretation of this Agreement shall be governed by the laws of the State of Alaska, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, shall be settled by arbitration in Anchorage, Alaska pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Alaska. Copyright claims shall be brought in the Federal Court having jurisdiction. If Michael DeYoung Photography is caused to present claims or suit to you as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein.
MISCELLANEOUS: Client may not assign or transfer this license. No alterations may be made in any of these provisions without the express written consent of Michael DeYoung Photography.
ACCEPTANCE: No alterations may be made in any of these provisions without the express written consent of Michael DeYoung Photography. All of the terms above will be deemed acceptable unless objections are made in writing within one (1) business day of receipt.