Copyright terms for
all Standard/Premium Xpress-Pic digital files
A. Definitions: "Photographer" refers to
Flashpoint Photography a DBA of Flashpoint Media Services LLC.
"Client" refers to the commissioning party or company named in
purchase receipt, its representatives, successors, assigns, agents and
affiliates.
B. Payment: FULL PAYMENT MUST BE RECEIVED BY
PHOTOGRAPHER PRIOR TO ANY EDITING, PRINTING OR DISPLAYING INCLUDED
IMAGES. ANY BEFORMENTIONED ACTIVITY PRIOR TO PAYMENT SHALL BE CONSIDERED
AN UNAUTHORIZED USE.
C. Grant of Rights: Grant of reproduction rights here under
is conditioned upon Client's acceptance of each term set forth in this
agreement,
(a)
Client is
only allowed reproduction of Photographer’s work in the form of a printed
photograph on commonly associated photographic quality materials.
(b)
Client is
allowed to modify Photographer’s work to facilitate displaying in a electronic
medium (i.e. Computer Screen)
(c)
Client is
only allowed use in advertisement for sale of subject depicted in image,
congratulatory media (print or electronic) and/or advertisement of subject’s
trainer and boarding facility.
(d)
Client is
only allowed personal distribution
amongst family and friends.
Photographer
retains sole ownership and copyrights associated of all work included in
transaction between photographer and client. Client is in no way allowed to
sell or trade photographer’s work including but not limited to, exchange of
monies and/or services. Client is required to include an approved copyright
notice on each reproduction and or use of Photographer's work. All rights not
expressly licensed to Client in writing remain the exclusive property of
Photographer.
D. Copyright Protection/Credit Line: For Editorial or Non-Editorial use,
credit line in the form “© Flashpoint Photography” in type no smaller than that of related
text must appear adjacent to or within the photograph(s) or fee is tripled;
Client acknowledges that such a triple fee is fair and reasonable for
photographer's loss of recognition and lack of copyright protection resulting
from lack of, or improper, copyright notice/credit line.
E. Indemnity: Client hereby indemnifies and holds
Photographer harmless against any and all liabilities, claims, and expenses,
including reasonable attorney s fees, arising from Client's use of
Photographer's work.
F. Governing Law: This agreement incorporates by reference
Articles II and III of the Uniform Commercial Code now in existence, in the
Commonwealth of Kentucky, and the Copyright Act of 1976 as amended. This
agreement shall be deemed to be a contract made under the laws of the United
States of America and the Commonwealth of Kentucky and for all purposes
shall be interpreted in its entirety in accordance with these laws. Client
specifically and irrevocably confers personal jurisdiction over it by the
courts of the Commonwealth of Kentucky or the United States District Court
for the District of the Commonwealth of Kentucky. Client specifically
waives all rights to contest each court proceeding on the grounds of personal
jurisdiction, venue and forum non-convenience. In the event of any award
or judgment in favor of Photographer, or any settlement between Photographer
and Client, arising from effecting and protecting Photographer's rights and
benefits hereunder and/or any aspect of this agreement, Client shall pay all
costs and expenses incurred by Photographer and/or Photographer's legal counsel
related thereto, including, but not limited to, reasonable legal fees,
arbitration and court costs, associated expenses, and legal interest on such
award, judgment, or settlement.
© 2010 All Rights Reserved
Flashpoint Media Services LLC,
950 Jackson Pike
Harrodsburg, KY 40330