GENERAL 

 

1. License. Photographer (henceforth referred to as “CONTENT PROVIDER”) agrees to provide license to purchaser (henceforth referred to as “CLIENT”) for the image(s) purchased from CONTENT PROVIDER as defined by license type specified at time of purchase by the agreements on this page, or as specified in the attachment of photography contract.  CLIENT, by purchasing, acknowledges the scope and duration of the license, these terms and conditions, and further agrees that images shall not be copied, published, used or displayed in any way except as provided for in contract, or this agreement. The license is nonexclusive and nontransferable to third parties. CONTENT PROVIDER retains copyright and ownership of images and reserves all rights not explicitly licensed.  

  

2. Payment. CLIENT shall pay the licensing fee before publication of images or other exercise of the license. Images will not be released until payment is made IN FULL unless other arrangements have been made with CONTENT PROVIDER in writing.  

      

3. Impermissible Use & Indemnity. CLIENT agrees not the use the images in violation of law or the rights of third parties including their rights to privacy and publicity. CONTENT PROVIDER has not provided model releases or other forms of subject-matter permission associated with any of the licensed images unless specifically stated otherwise. CLIENT further agrees to indemnify and hold CONTENT PROVIDER harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from CLIENT’s use of Photographer's work.  

  

4. Unauthorized Usage. In the event CLIENT uses image outside of the scope of this license, CONTENT PROVIDER agrees to forego the right to pursue remedies for copyright infringement provided CLIENT purchases a retroactive license equal to five times the normal fees associated with the excess use within 30 days of mailing of an invoice. If CLIENT fails to provide the information needed to determine the excess use or to make payment within that time period, CONTENT PROVIDER shall have the right to sue for compensation for copyright infringement or breach of contract, at CONTENT PROVIDER 's discretion.

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5. Dispute Resolution. If an action or proceeding is instituted in connection with a controversy arising out of this agreement, or to interpret or enforce any rights under this agreement, the successful party is entitled to recover reasonable attorney's fees in addition to any other available remedy. The agreement is governed under the law of the State of Florida without regard to conflict of law principles. Claims shall be filed and maintained in small claims court in the County of DUVAL if the reasonable amount in dispute is less than or equal to the jurisdiction maximum amount for that court, and otherwise shall be filed in the state court in that county, unless such claims are subject to the sole jurisdiction of the federal courts in which case such claims shall be filed in the United States District Court nearest to that county and within the state. Client waves all rights to contest jurisdiction or venue on the grounds of personal jurisdiction, venue, and inconvenience.  

 

6. CONTENT PROVIDER reserves the right to alter and update terms and conditions with or without notice. Contractual terms agreed to and signed by CONTENT PROVIDER and CLIENT remain in effect and shall take precedent where differences in terms or language occur.  

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7. Any attempt by CLIENT to circumvent or diminish the rights of the owner in the copyrights of the proffered image(s) subsequent to the execution of this agreement may be treated by owner as a termination of this license in which case CLIENT shall cease all usage subsequent to the attempt. Failure comply may result in legal action.

*Personal use downloads are not always available to purchase in the Print Store.  

 

Photographer ("Content Provider") grants buyer a non-exclusive perpetual personal-use license to download and copy the accompanying image(s) or video(s) (collectively, "Media,") subject to the following restrictions: 

• This license is for personal use only. Personal use means non-commercial use of the Media for display on personal websites and computers, or making image prints or video copies for personal use. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising or marketing in any form. The Media may not be resold, relicensed, or sub-licensed. 

• You may not alter the images. This includes removing copyright information or watermarks, adding filters, re-editing the photos, etc. Full resolution images may be reduced in size. This is encouraged when posting photos on the internet. Crediting or tagging Glass Image Photos is appreciated, but not required.

• Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider. 

• There are no warranties, express or implied. The Media are provided 'as is.' 

• Content Provider may not be held liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media. 

For most purposes, the Editorial License is sufficient when using a photograph to illustrate anything truthful. However, if you need additional rights not covered by the scope of the Editorial License, such as if the images are to be used to promote or sell products or services, please contact us for licensing options suited to your needs.

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Photographer ("Content Provider") grants buyer a perpetual, non exclusive, non-transferable license to purchased photograph(s) to be used for editorial purposes only, subject to the following restrictions:

• This license is for editorial use only. Editorial use means the non-commercial use of the media for display on websites, computers, and in print to honestly illustrate an event, concept, or idea. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration. The Media may not be used in advertising or marketing in any form. The Media may not be resold, relicensed, or sub-licensed.

• Images may not be altered in any way, to include removing copyright information or watermarks, adding filters, or editing photos. You may perform minor crops to and/or resizing of, the image. You must credit or tag Glass Image Photos where reasonable to do so. 

• Images may not be used in any any way which may be construed as defamatory or demeaning. 

• Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider. 

• There are no warranties, express or implied. The Media are provided 'as is.' 

• Content Provider may not be held liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media.

 

Editorial License cover the following uses

• Articles that are newsworthy, or of public interest including sports, entertainment or cultural events, in any type of publication, whether digital or print, with the exception of covers/cover images, provided there is a reasonable connection between the image and the content.

• Blogs or websites, to describe an idea (but not for branding or promotion)

• Non-commercial presentations

• News or other educational or informational programs

• Interior of magazine, newspaper, informational publications

• Personal use

Examples of prohibited use:

• Promotion or endorsement of a products, services, or commercial events, including fundraising events

• Advertising or promotional  purposes

• Cover of magazine, newspaper, informational publication

• Trademark

• Merchandise purposes such as posters, greeting cards, templates, t-shirts, etc.

• Any way from which you may directly receive compensation

• Any commercial purpose whatsoever 

*Commercial Use Licenses are only available for selected images/galleries and will be clearly marked. If exclusive licensing or other terms are required, please contact us.

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Photographer ("Content Provider") grants buyers a perpetual, non-exclusive, non-transferable, worldwide license to use the accompanying image(s) or video(s) (collectively, "Media,") for permitted commercial purposes, defined as: 

 

• advertising, promotion, brochures, packaging 

• as part of a commercial website for promotional purposes use 

• prints, posters, flyers, tearsheets for promotional purposes (not for resale) 

• prints, posters, or other commercial display of Media 

• magazines, books, newspapers, other printed publications, including covers 

• video, broadcast, theatrical 

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CLIENT may not resell, relicense, redistribute images without express written permission from CONTENT PROVIDER. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks. Media may not be made available for download. 

CONTENT PROVIDER retains all rights, license, copyright, title and ownership of the Media. 

There is no warranty, express or implied, with the purchase of digital images or video files. CONTENT PROVIDER shall not be held liable for any claims or incidental, consequential or other damages arising out of this license or buyer's use of the Media. 

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If the image for is provided in the form of physical media, CLIENT is responsible to ensure that the image is not lost or damaged, and agrees to return the media in its original condition within 30 days of receipt of the first publication date, unless another period is stated in writing and agreed to by both parties. The parties agree that the reasonable value for loss or damage of each image as liquidated damages is $2000 per image and that compensation shall be rendered on that basis. If the image is provided in the form of digital files, CLIENT agrees to destroy such files at the end of the license period.

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Additional terms may apply.