Visions of Paradise Image Library - Stock Photography Terms and Conditions.

Visions of Paradise

"The Art Gallery and Image Library of Photographer Kenny Williams."

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Stock Photography Terms and Conditions

1. Definition: "IMAGE(S)” means all visual representation furnished to Client by Visions of Paradise, LLC whether captured, delivered, or stored in photographic, magnetic, optical, electronic, or any other media.

2. Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Photographer. Unless otherwise specifically provided elsewhere in this document, any grant of rights is limited to one (1) year from the date hereof and to usage in conventional print media in the territory of the United States. Unless specifically provided elsewhere in this document, no image may be used for promotional or advertising purposes without the express written permission of the Photographer and the payment of additional fees. No rights are transferred to Client unless and until Photographer has received payment in full. Client agrees to provide Photographer with two (2) copies of each published use of each Image not later than 30 days after the date of first publication of each use.

3. Photo Credit: All published usages of images will be accompanied by the written copyright notice: Photo © Kenny Williams / VisionsofParadise.com

4. Alterations: Client will not make or permit any alteration, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, except that cropping and alterations of contrast, brightness, and color balance, consistent with reproduction needs.

5. Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists. Photographer’s liability or all claims shall not exceed in any event the total amount paid under this invoice.

6. Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under this agreement. This agreement binds Client and inures to the benefit of Photographer as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. This agreement incorporates by reference Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976, as amended. To the maximum extent permitted by law, the parties intend this agreement shall not be governed by or subject to the UCITA of any state.

7. Disputes: Except as provided in section (10) below, any dispute regarding this agreement shall, at Photographer’s sole discretion, either:

Be arbitrated in Kent, Washington under the rules of the American Arbitration Association and the laws of Washington State: provided, however, that the parties are not required to use the services of arbitrators participating in the American Arbitration Association or to pay the arbitrators in accordance with the fee schedules specified in those rules. Judgment on the arbitration award may be entered in any court having jurisdiction.
Any dispute involving Four Thousand Dollars ($4,000) or less may be submitted without arbitration to any court having jurisdiction thereof.
Be adjudicated in Kent, Washington under the laws of Washington State.

In the event of a dispute, Client shall pay all court costs, Photographer’s reasonable legal fees and expenses, and legal interest on any award or judgment in favor of Photographer.

8. Federal Jurisdiction: Client hereby expressly consents to the jurisdiction of the Federal courts with respect to claims by Photographer under the Copyright Act of 1976, as amended.