Terms and Conditions

TERMS AND CONDITIONS OF USE AND DELIVERY

DEFINITIONS:

"Invoice" means the computer-generated or pre-printed invoice provided by or through the Site that may include, without limitation, names of the Licensor and Licensee, the permitted scope of use of the Licensed Material selected and the corresponding price for the license of such Licensed Material.

"Licensed Material" means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any Reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property right, which is licensed to Licensee by Licensor under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.

"Licensee" means the person or entity set forth in the applicable Invoice as the "licensee" and receiving the rights to the Licensed Materials as specified hereunder.

"Licensor" means Michael DeYoung Photography the entity set forth on the Invoice as the "licensor" and granting the rights to the Licensed Materials as specified hereunder.

"Reproduction" and "Reproduce" mean any form of duplication, copying or publication of any or all of the Licensed Material, via any medium and by whatever means, and/or the distortion or manipulation of the whole or any part of the Licensed Material and the creation of any derivative work from the Licensed Material.


COPYRIGHT & OWNERSHIP: All Images on this website 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 by the granting of the license to reproduce an image(s).

USE OF IMAGES: All low-resoultion images 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 term 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 limited to the parameters established on our INVOICE and GRANT OF RIGHTS for the particular license purchased (Royalty-Free, Rights-Managed, Print, Personal Use). All rights not expressly licensed to you in writing remain with Michael DeYoung Photography. Rights are granted when 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).

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.

GOVERNING LAW: The interpretation of this Agreement shall be governed by the laws of the State of New Mexico, 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 New Mexico 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 New Mexico. 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: No alterations may be made in any of these provisions without the express written consent of Michael DeYoung Photography.

ACCEPTANCE: All of the terms above will be deemed acceptable unless objections are made in writing within one (1) business day of receipt.



GRANT OF RIGHTS:

Licensee has the non-exclusive, non-transferable, non-sublicensable right to Reproduce the Licensed Material for the time, distribution, and/or number of impressions (if applicable) identified in the usage rights selected and included in the Invoice. (Optional exclusivity available but requires a custom quote.)

Licensee has the right to have the Licensed Material Reproduced by subcontractors of Licensee, provided that Licensee ensures that such subcontractors agree to abide by the provisions of this Agreement.

Licensee may alter, crop, manipulate and create derivative works of the Licensed Material.

Licensee agrees to using the image for a single use (e.g. one web site or one magazine edition - not both.)

Payment is made by Licensee at the time of order. No manual invoices will be generated.

Licensee waives the requirement for Licensor to sign Licensee company's licensing contract. Licensee accepts the terms outlined in the usage rights chosen.


RESTRICTIONS:

Licensee may not sell, license or distribute any derivative work containing the Licensed Material in a way that would allow a third party to download, extract or access the Licensed Material as a standalone file.

Licensed Material shall not be incorporated into a logo, trademark or service mark.

Licensee may not post the Licensed Material online in a downloadable format or enable it to be distributed via mobile telephone devices.

Licensed Material featuring a model may NOT be used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service; or (ii) connection with a subject that would be unflattering or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Licensed Material is being used for illustrative purposes only.

The Licensed Material may not be used in a pornographic, defamatory or otherwise illegal manner.

Licensee must retain the copyright symbol, the name of Licensor or such other credit information, if any, provided in the invoice, the Licensed Material's identification number and any other information as may be invisibly embedded in the electronic file containing the original Licensed Material.

Licensee must abide by any restriction on use notified to it by Licensor before or at the time of delivery of the Licensed Material, either in the Invoice, information accompanying the Licensed Material or otherwise.

If any Licensed Material is Reproduced in an editorial manner, Licensor's name or, such other credit information, if any, provided in such Invoice, must appear adjacent to the Licensed Material in the credit line accompanying the Licensed Material.







Powered by PhotoDeck