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The following is a copy of the terms applies to each Stock Delivery of Transparencies, Hi-Resolution Digital Files, and use of Images in general:
- "Photograph(s)" means
all photographic material furnished by the Stockhouse
(GardenPhotos.com) and its Photographers, whether
transparencies, negatives, prints, or otherwise.
- After 14 days past
return due date of physical images, the following holding
fees are charged until return: Five dollars ($5.00) per
week per color transparency and One dollar ($1.00) per
- Submission is for
examination only. Photographs may not be reproduced,
copied, scanned, projected, replicated or used in any way
in any medium (including print, electronic, film, and any
others now known or to be devised in the future) without
(a) express written permission on GardenPhotos.com's
invoice stating the rights granted and the terms thereof
and (b) payment of said invoice. The reasonable and
stipulated fee for any other use shall be three times
Stockhouse's normal fee for such usage.
- Client assumes insurer's
liability (a) to indemnify Stockhouse for loss, damage,
or misuse of any photographs and (b) to return all
photographs prepaid, fully insured, safe and undamaged,
by bonded messenger, air freight, or registered mail.
Client assumes full liability for its principals,
employees, agents, affiliates, successors and assigns
(including without limitation messengers and freelance
researchers) for any loss, damage, or misuse of the
- Reimbursement by Client for loss or damage of each original transparency shall be in the amount of Two Thousand Five Hundred Dollars ($2,500), or such other amount set forth next to said item on the front hereof. Reimbursement by Client for loss or damage of each other item shall be in the amount set forth next to said item on the front hereof. Stockhouse and Client agree that said amount represents the fair and reasonable value of each item, and that the Stockhouse would not sell all rights to such item for less than said amount.
- The individual
Photographer'ss copyright notice, either
"©judywhite/GardenPhotos.com" or "©Graham
Rice/GardenPhotos.com", must accompany each use, whatever
the medium, as an adjacent credit line. Invoice amount
will be tripled if said credit is not provided. Note that
Photographer judywhite's name is to run as all one word,
lowercased. In the event that the use style precludes the
use of lowercase letters in credit, name must still run
as all one word. Where image is used online or in
electronic media, image must be watermarked with
Photographer's Digimarc and credit line must also be a
hot link to http://gardenphotos.com.
- Client may not assign or
transfer this agreement, or any rights granted hereunder.
This agreement binds and inures to the benefit of the
Stockhouse and its Photographers, Client, Client's
principals, employees, agents and affiliates and their
respective heirs, legal representatives, successors and
assigns. Client and its principals, employees, agents and
affiliates are jointly and severally liable for the
performance of all payment 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,
- Except as provided in
(9) below, any dispute regarding this agreement shall be
arbitrated in Milford, Pennsylvania, under rules of the
American Arbitration Association and the laws of
Pennsylvania. Any dispute involving the limit of the
small claims court or less may be submitted without
arbitration to any court having jurisdiction thereof.
Client shall pay all arbitration and court costs,
reasonable legal fees, and expenses, and legal interest
on any award or judgment in favor of the
- Client hereby expressly
consents to the jurisdiction of the Federal courts with
respect to claims by the Stockhouse and its Photographers
under the Copyright Act of 1976, as amended.
- Client will not make or
permit any alterations, additions, or subtractions in
respect of the photographs, nor any unauthorized
electronic storage of this material, including without
limitation any digitalization or synthesization of the
photographs, alone or with any other material, by use of
computer or other electronic means or any other method or
means now or hereafter known.
- Client will indemnify
and defend Stockhouse and Photographers against all
claims, liability, damages, costs, and expenses,
including reasonable legal fees and expenses, arising out
of any use of any photographer for which no release was
furnished by the Stockhouse, or any photographs which are
altered by Client in any manner whatsoever. Unless so
furnished, no release exists.
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