Media License Agreement
LAST UPDATED: April 23, 2018
This Media License Agreement (“Terms,” or the “Agreement”) is a legal Agreement, please read it carefully. By using our Service, using Media produced by our Service, or by delivering Merchandise to us, you are agreeing to these terms.
ProductPhotography.com is a Service (the “Service”), which primarily produces product photography and related work which may include photographs, graphics, video, audio recordings, and artwork (collectively referred to as “Media”). We produce Media by photographing products that you send us. Any products or other items that you send us, whether it’s the primary subject, supporting prop, or anything else, we refer to as “Merchandise” in these Terms. Our website, which can be accessed at www.ProductPhotography.com is referred to as the “Website.”
ProductPhotography.com is owned and operated by ProductPhotography.com, LLC, a Nevada Limited Liability Corporation (“ProductPhotography.com,” “we,” or “us”). By using our Service, whether as an individual or as a representative of an entity that is using our Service, you’re a “Client” (or “you”) according to these Terms.
1. Permitted use of media
You may use the Media downloaded through our Image Hosting Service for any permitted use that does not violate this agreement. The rights granted herein are subject to the prohibited uses in Section 2. We hereby grant to you the following rights:
a. Perpetual use. There is no expiration date on your rights to use the Media, meaning you can use the media forever without restriction on time.
b. Exclusive use. You have the exclusive right to use the media. This means we will not license the Media to other parties. The exception to this being we retain the right to use the Media for our own promotional and internal use.
c. Worldwide use. There are no geographical restrictions on your use of the Media.
d. Unlimited use. Except as provided in section 6(b) below, you may use and display the Media an unlimited number of times as long as it is not a restricted use outlined below. Permitted uses include but are not limited to: websites, online stores, online advertisements, email newsletters, video, film, television, printed advertisements, printed catalogues, product packaging, billboards, computer software, and mobile applications.
e. Derivative works. You may modify, retouch, combine, crop, annotate, or otherwise edit and create derivative works from the Media. Our Media contained within derivative works you create remain our copyrighted material and the terms and restrictions within this license also applies to those derivative works.
2. Prohibited uses
a. Unlawful use. You may not use the Media in any illegal manner. You may not use the Media in any defamatory manner or use the Media to harass any person. Media may not be used for pornographic purposes. You may not use the Media in any way that violates the trademark, copyright, or other intellectual property of any other party.
b. May not be used in a logo or trademark. Media may not be used as a part of, or incorporated into, any logo or trademark.
3. Ownership & transfer
a. Copyright ownership. All Media remains the copyrighted material of ProductPhotography.com, LLC. No transfer of copyright or ownership in any of the Media is granted unless explicitly agreed to in writing by us.
b. Transfer, and sub-licensing. You may not transfer or sub-license the Media to any other party, with the following exceptions:
Subcontractors. Your subcontractors may use the Media for the purpose of achieving the final intended use. Examples include but are not limited to: Your website designer using the Media to publish to your website. Your printing company using the Media to print a catalog. Your marketing company to create and broadcast an advertisement. Your subcontractors may not use the Media for any purpose other than facilitating your intended end-use.
Your employer or client. If you are ordering our services on behalf of your employer or your client then you may permit that entity to use the Media. If you permit your employer or client to use the Media, you certify that you have received authorization that they be bound to this entire Agreement. If such authorization has not been granted to you then they may not use the Media.
c. No claim of authorship. You may not claim you are the author of the Media. In any case where the author of the Media is specified it must be attributed as “Copyright ProductPhotography.com, LLC.”
You may not assign your rights under these Terms to any other party. However, we may assign our rights to any other entity or individual at our discretion.
The entire Agreement is effective unless it is terminated by either party. You may terminate this Agreement by providing us written notice and destroying all copies, both digital and print, plus any and all backups, and ceasing all use of the Media. We may terminate this Agreement if you fail to adhere to any of the terms in this Agreement. We may also terminate this Agreement for any non-payment of services. If we terminate the Agreement you must immediately delete any and all digital copies, printed Media, and backups and cease using the Media.
a. Intellectual property of third parties. In some cases, products you direct us to photograph, or props used in conjunction with those products, may contain trademarks, logos, artwork, or copyrighted designs that become visible in the finished Media we produce for you at your direction. By directing us to photograph products containing visible intellectual property, you certify that you own, or have received explicit permission to use any and all trademarks, logos, artwork, or copyrighted designs, visible on all of the items, products, or materials you have directed us to photograph. By using the Media, you certify that the Media and your use of the Media, does not infringe on the intellectual property rights of any third party. You understand that it is your sole responsibility to obtain necessary permission to use any and all trademarks, logos, artwork, copyrighted designs, or other intellectual property visible within the Media. We make no warranty with respect to the aforementioned intellectual property.
b. Stock photography and artwork. If stock photography or other artworks owned by third parties are incorporated into the Media we produce for you, we warrant that this content has been paid for and/or licensed by us for use in the Media in accordance with the terms of service of the respective supplier. When printing Media containing aforementioned stock photography and artwork, the maximum number of printed copies that may be produced shall not exceed 500,000 print copies. This restriction does not apply to electronic display, such as on a website.
c. Non-infringement of Media. Keeping the provisions of 6(a) and 6(b) above in full effect, we warrant that no third party has any claim of copyright ownership with respect to the creation of the Media produced by us. This warranty does not apply to intellectual property visible on the products or props themselves.
d. Models. We warrant that we have obtained appropriate releases from any models depicted in the media and the media will not infringe on any moral right, privacy right, or right of publicity of any model depicted within the media so long as the Media is used in accordance with sections 1 and 2 of this Agreement.
e. No other warranties. Except as outlined in subsections “b”, “c”, and “d” above, the Media is provided, to the maximum extent permissible by law, “as-is” with no warranties of any kind, either express or implied, including, but not limited to warranties of merchantability and fitness for a particular purpose. We do not warrant or represent that the Media will meet your requirements or that the Media will be free of errors.
You agree to indemnify and hold us and our employees, officers, and owners, harmless from any losses, including all attorney fees that may result from any claims you make that are prohibited under these Terms due to any Limitation of Liability or other provision. You agree to indemnify, defend, and hold us harmless against any losses, including attorney fees, which result from third-party claims alleging you did something that, if true, would be a violation of any of these Terms.
8. Limitation of liability
You assume full responsibility for any loss that results from your use of our Service or Media, to the maximum extent permitted by law. We and our employees, officers, and owners, are not liable for any indirect, special, punitive, or consequential damages under any circumstances, including delays, even if it’s based on negligence or if we’ve been advised of the possibility of such damages.
9. Attorney fees
If we file legal action against you for breach of these Terms and we prevail, we are entitled to reasonable attorney fees and any damages or other relief that we are awarded.
10. Equitable relief
If you violate these Terms we may seek injunctive relief from the courts or other equitable relief.
11. Governing law
These Terms shall be governed and construed under Nevada law as such law applies to agreements between Nevada residents entered into and to be performed within Nevada and without effect to any Nevada laws regarding conflicts of law. Any action or proceeding arising from these Terms or your use of our Service or Media must be held in the State and Federal courts in Clark County, Nevada.
If any of these Terms are found to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make the provision enforceable and all other Terms shall remain in full force and effect. If we choose not to act on a breach of these Terms for whatever reason, it does not constitute a waiver of our rights with respect to such a breach or any subsequent breaches of these Terms.
You agree to be responsible for and pay any and all applicable sales, use, or value added taxes, or duties imposed by any jurisdiction as a result of the work performed for you by ProductPhotography.com or in connection with any license we grant to you.
14. Entire Agreement
If you have any questions about this Agreement, our Website, or any of our services please direct these inquiries to:
6620 South Tenaya Way
Las Vegas, NV 89113
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