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subject
to terms below - inside europe
submission
of images for examination or use is conditioned upon recipient agreeing to all
the terms herein. if you object to any of these terms, including the
arbitration or stipulation damage provisions, you must return the images
immediately.
a.
terms related to submission and
use
1.
transparencies, negatives, prints or digital images (hereafter "images") may be
held for fourteen (14) days approval. unless a longer period
is requested and granted in writing by folio id
munich
a holding fee of two euro (€ 2) per day per image will be charged
after such 14-day period and up to the time of return.
2.
images may not be used in any way including layout, sketches, scans or
photostats until submission of and payment of an invoice indicating recipient's
right to use same or indicating purchase of the images outright, which shall be
only on terms of use hereinafter specified. you agree not to use any image in
an defamatory matter or context, either by changing it or by any accompanying
text. written permission is required in advance for use of images that depict
any illegal goods or activities, or any sensitive subjects including ,but not
limited to, contraception, matters of a sexual nature, substance abuse,
domestic violence, alcohol, tobacco, aids, cancer, acts of violence and other
serious physical or mental ailments.
3.
recipient is responsible for loss of or damage to the images delivered to them
from time of receipt until their return to folio id munich recipient shall be
responsible for safe delivery and return of images to folio id munich and shall
indemnify folio id munich against any loss or damage to images in transit or
while in the possession of recipient. this agreement is not considered a
bailment and is specifically conditioned upon the item so delivered being
returned to folio id munich in the same condition as delivered. projection of
transparencies is not permitted. recipient assumes an insurer's liability
herein for the safe and undamaged return of the images to folio id munich such
images are to be returned by bonded messenger or by registered mail (return
receipt requested) prepaid and fully insured.
4.
the monetary damage for loss or damage of a transparency or photograph shall be
determined by the value of each individual photograph. recipient agrees however
that the reasonable value of such lost or damaged photograph or transparency
shall be one thousand five hundred
(€ 1,500) euro for an original and threehundred (€ 300.00) for a
dupe/copy. folio id munich agrees to the delivery of the goods herein only upon
the express covenant and understanding by recipient that the terms contained in
this paragraph 4 are material to this agreement. recipient assumes full
liability of their employees, agents, assigns, messengers and free-lance
researchers for the loss, damage or misuse of the images.
5.
(a) unless otherwise specifically stated, images remain the property of folio
id munich or the particular photographer. upon submission of and payment of an
invoice by folio id munich a license is only granted to use the images for the
use specified on the invoice and for no other purpose unless such images are
purchased outright. such use is granted for the
united states
only unless otherwise specified. recipient does not acquire any
right, title or interest in or to any photograph including, without limitation,
any electronic reproduction or promotional rights and will not make, authorize
or permit any use of the particular photograph(s), plate(s) or digital files
made there from other than as specified herein. full credit and copyright
information must retain with image. credit: photographer/folio-id.com. images
are not sold; their use is licensed and they remain the sole and exclusive
property of folio id munich and the individual photographer.
5.
(b) images are to be returned within 1 months after date of invoice except in
cases of outright purchase. recipient agrees to pay, as reasonable charges, the
sum of us$ 2.50 per day per image after such 1-month period to date of return.
6.
no model releases or other releases exist on any image unless the existence of
such release is specified in writing by folio id munich recipient shall
indemnify folio id munich against all claims arising of the use of any image
where the existence of such release has not been specified in writing by folio
id munich in any event, the limit of liability of folio id munich shall be the
sum paid to it per invoice for the use of the particular photograph involved.
user will hold folio id munich (including folio id munich's directors,
employees, licensors, content providers, affiliates or other representatives)
harmless from all claims for the use of the images including defamatory use.
agency gives no right or warranties with respect to the use of names,
trademark, logo types, registered or copyrighted designs or works of art
depicted from any picture and the client must satisfy himself that all
necessary rights, consents or permission which may be required for reproduction
are secured.
7.
this agreement is not assignable or transferable on the part of the recipient.
8.
this contract contains all the terms of the agreement between us (folio id
munich and recipient) concerning delivery and review of images and no term or
conditions may be added or deleted unless made in writing and signed by both of
us. these terms and the terms of any subsequent invoice/copyright license
supersede any and all terms of the client's purchase order. any subsequent
invoice/copyright license we may issue, may contain additional terms relating
to the rights granted and the type of use allowed.
9.
time is of the essence in the performance by recipient of their obligations for
payments and return of images hereunder. no rights are granted until payment is
made to folio id munich, even though recipient has received an invoice.
10.
payment herein is to be net thirty
(30) days. a service charge of two (2%) percent per month on any unpaid balance
will be charged thereafter. any claims for adjustment or rejection of terms
must be made to folio id munich within five (5) days after receipt of invoice.
in the event that any images are used by recipient in publications, the
recipient shall send to folio id munich on a semi-annual basis (june 30 and
december 31) a certified statement setting forth the total number of sales,
sublicenses, adoptions, translations and any other uses. recipient shall
provide folio id munich with two (2) free copies of such publication
immediately upon printing. in the event of cancellation, recipient agrees to
pay a percentage of the unpaid balance depending upon when the cancellation
occurs from the date of the invoice: (a) if less than 30 days, than 50%; (b) if
more than 30 days than 100%.
11.
rights are being reserved to recipient when an invoice is created. if recipient
does not use the invoicedimage they must notify folio id munich within five (5)
days from receipt of the invoice. if recipient fails to do so, they are
responsible for full payment of the invoice.
12.
images used editorially should bear a credit line as indicated by folio id
munich recipient must register copyright in their name to afford protection to
the photograph. such copyright shall be immediately reassigned upon request,
without charge.
13.
all rights not specifically granted herein to recipient are reserved for folio
id munich´s use and disposition without any limitation whatsoever.
14.
recipient agrees that the above terms are made pursuant to article 2 of the
uniform commercial code and agrees to be bound by same. objections to any terms
must be made in writing within ten (10) days.
b.
disputes or claims arising out of submission and/or use
15.
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 munich, pursuant to the rules of the federal republic of
germany. judgement 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
federal
republic of
germany. if recipient of this contract is
an agent for or an employee of a non-europe. company but operates in a place of
business in europe or its territories, said recipient expressly agrees that any
dispute regarding this contract shall be adjudicated within the federal
republic of germany in the manner described here.
16.
copyright claims shall be brought in the federal court having jurisdiction.
17.
if folio id munich is caused to present claims or suit as a result of any
breach of the above terms set forth, it shall be made whole for such reasonable
legal fees and/or costs by recipient herein.
18.
in the event that
1)
you utilize an image, whether rights-protected or buy-out, with or without or
prior to the granting of a license, or
2)
you utilize any rights-protected image for any use other than indicated on the
invoice, including but not limited to the number of uses, the publications
utilized, or the size or reproduction, folio id munich reserves the right to
seek damages through the legal channels unless you agree to reimburse folio id
munich as follows. since it is difficult to determinate damages resulting from
unauthorized usage, folio id munich agrees to forgo our right to sue you for
copyright infrigement on the condition that your agree to pay, as liquidated
damages:
1.
a sum equal four (4) times the normal price we would have charged for such use
of rights-protected image or,
2.
a sum equal to ten (10) times the normal price we would have charged fur such
use of buy-out image.
folio
id
munich
will calculate a usage fee by relying in good faith on the
information you provide and will issue an invoice detailing the license
granted. if you fail to make the payment as outlined above within ten (10) days
of our billing such fee, this liquidated damage provision shall be void and we
reserve the right to sue for copyright infringement plus attorneys' fees and
all associated costs.
munich
/
new york
april 2003
subject to terms below - outside europe
submission
of images for examination or use is conditioned upon recipient agreeing to all
the terms herein. if you object to any of these terms, including the
arbitration or stipulation damage provisions, you must return the images
immediately.
a.
terms related to submission and
use
1.
transparencies, negatives, prints or digital images (hereafter "images") may be
held for fourteen (14) days approval. unless a longer period
is requested and granted in writing by folio id inc. a holding fee of
two dollars and fifty (us$2.50) per day per image will be charged after such
14-day period and up to the time of return.
2.
images may not be used in any way including layout, sketches, scans or
photostats until submission of and payment of an invoice indicating recipient's
right to use same or indicating purchase of the images outright, which shall be
only on terms of use hereinafter specified. you agree not to use any image in
an defamatory matter or context, either by changing it or by any accompanying
text. written permission is required in advance for use of images that depict
any illegal goods or activities, or any sensitive subjects including ,but not
limited to, contraception, matters of a sexual nature, substance abuse,
domestic violence, alcohol, tobacco, aids, cancer, acts of violence and other
serious physical or mental ailments.
3.
recipient is responsible for loss of or damage to the images delivered to them
from time of receipt until their return to folio id inc. recipient shall be
responsible for safe delivery and return of images to folio id inc. and shall
indemnify folio id inc. against any loss or damage to images in transit or
while in the possession of recipient. this agreement is not considered a
bailment and is specifically conditioned upon the item so delivered being
returned to folio id inc. in the same condition as delivered. projection of
transparencies is not permitted. recipient assumes an insurer's liability
herein for the safe and undamaged return of the images to folio id inc. such
images are to be returned by bonded messenger or by registered mail (return
receipt requested) prepaid and fully insured.
4.
the monetary damage for loss or damage of a transparency or photograph shall be
determined by the value of each individual photograph. recipient agrees however
that the reasonable value of such lost or damaged photograph or transparency
shall be two
thousand (us$ 2,000.00)
dollars for an original and five hundred (us$ 500.00) for a dupe/copy. folio id
inc. agrees to the delivery of the goods herein only upon the express covenant
and understanding by recipient that the terms contained in this paragraph 4 are
material to this agreement. recipient assumes full liability of their
employees, agents, assigns, messengers and free-lance researchers for the loss,
damage or misuse of the images.
5.
(a) unless otherwise specifically stated, images remain the property of folio
id inc. or the particular photographer. upon submission of and payment of an
invoice by folio id inc. a license is only granted to use the images for the
use specified on the invoice and for no other purpose unless such images are
purchased outright. such use is granted for the
united states
only unless otherwise specified. recipient does not acquire any
right, title or interest in or to any photograph including, without limitation,
any electronic reproduction or promotional rights and will not make, authorize
or permit any use of the particular photograph(s), plate(s) or digital files
made there from other than as specified herein. full credit and copyright
information must retain with image. credit: photographer/folio-id.com. images
are not sold; their use is licensed and they remain the sole and exclusive
property of folio id inc. and the individual photographer.
5.
(b) images are to be returned within 1 months after date of invoice except in
cases of outright purchase. recipient agrees to pay, as reasonable charges, the
sum of us$ 2.50 per day per image after such 1-month period to date of return.
6.
no model releases or other releases exist on any image unless the existence of
such release is specified in writing by folio id inc. recipient shall indemnify
folio id inc. against all claims arising of the use of any image where the
existence of such release has not been specified in writing by folio id inc. in
any event, the limit of liability of folio id inc. shall be the sum paid to it
per invoice for the use of the particular photograph involved. user will hold
folio id inc. (including folio id inc's directors, employees, licensors,
content providers, affiliates or other representatives) harmless from all
claims for the use of the images including defamatory use. agency gives no
right or warranties with respect to the use of names, trademark, logo types,
registered or copyrighted designs or works of art depicted from any picture and
the client must satisfy himself that all necessary rights, consents or
permission which may be required for reproduction are secured.
7.
this agreement is not assignable or transferable on the part of the recipient.
8.
this contract contains all the terms of the agreement between us (folio id inc.
and recipient) concerning delivery and review of images and no term or
conditions may be added or deleted unless made in writing and signed by both of
us. these terms and the terms of any subsequent invoice/copyright license
supersede any and all terms of the client's purchase order. any subsequent
invoice/copyright license we may issue, may contain additional terms relating
to the rights granted and the type of use allowed.
9.
time is of the essence in the performance by recipient of their obligations for
payments and return of images hereunder. no rights are granted until payment is
made to folio id inc., even though recipient has received an invoice.
10.
payment herein is to be net thirty
(30) days. a service charge of two (2%) percent per month on any unpaid balance
will be charged thereafter. any claims for adjustment or rejection of terms
must be made to folio id inc. within five (5) days after receipt of invoice. in
the event that any images are used by recipient in publications, the recipient
shall send to folio id inc. on a semi-annual basis (june 30 and december 31) a
certified statement setting forth the total number of sales, sublicenses,
adoptions, translations and any other uses. recipient shall provide folio id
inc. with two (2) free copies of such publication immediately upon printing. in
the event of cancellation, recipient agrees to pay a percentage of the unpaid
balance depending upon when the cancellation occurs from the date of the
invoice: (a) if less than 30 days, than 50%; (b) if more than 30 days than
100%.
11.
rights are being reserved to recipient when an invoice is created. if recipient
does not use the invoicedimage they must notify folio id inc. within five (5)
days from receipt of the invoice. if recipient fails to do so, they are
responsible for full payment of the invoice.
12.
images used editorially should bear a credit line as indicated by folio id inc.
recipient must register copyright in their name to afford protection to the
photograph. such copyright shall be immediately reassigned upon request,
without charge.
13.
all rights not specifically granted herein to recipient are reserved for folio
id inc´s use and disposition without any limitation whatsoever.
14.
recipient agrees that the above terms are made pursuant to article 2 of the
uniform commercial code and agrees to be bound by same. objections to any terms
must be made in writing within ten (10) days.
b.
disputes or claims arising out of submission and/or use
15.
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, pursuant to the rules of the american arbitration
association. judgement 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 york if recipient of this contract is an agent for or an employee
of a non-u.s. company but operates in a place of business in the united states
or its territories, said recipient expressly agrees that any dispute regarding
this contract shall be adjudicated within the united states in the manner
described here.
16.
copyright claims shall be brought in the federal court having jurisdiction.
17.
if folio id inc. is caused to present claims or suit as a result of any breach
of the above terms set forth, it shall be made whole for such reasonable legal
fees and/or costs by recipient herein.
18.
in the event that
1)
you utilize an image, whether rights-protected or buy-out, with or without or
prior to the granting of a license, or
2)
you utilize any rights-protected image for any use other than indicated on the
invoice, including but not limited to the number of uses, the publications
utilized, or the size or reproduction, folio id inc. reserves the right to seek
damages through the legal channels unless you agree to reimburse folio id inc.
as follows. since it is difficult to determinate damages resulting from
unauthorized usage, folio id inc. agrees to forgo our right to sue you for
copyright infrigement on the condition that your agree to pay, as liquidated
damages:
1.
a sum equal four (4) times the normal price we would have charged for such use
of rights-protected image or,
2.
a sum equal to ten (10) times the normal price we would have charged fur such
use of buy-out image.
folio
id inc. will calculate a usage fee by relying in good faith on the information
you provide and will issue an invoice detailing the license granted. if you
fail to make the payment as outlined above within ten (10) days of our billing
such fee, this liquidated damage provision shall be void and we reserve the
right to sue for copyright infringement plus attorneys' fees and all associated
costs.
munich
/
new york
april 2003
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