SPRAGUE PHOTO STOCK
Agreement for Licensing of Photographic Stock image
This agreement grants a limited
license to duplicate and distribute a specific image of the Sprague Photo Stock archive in
strict accordance with the licensing conditions set out below.
- The image must remain in it's original form and presentation.
- The image must be used only within the specific terms of the license purchased.
- The use of the image shall not exceed the limits of the usage definition. No electronic rights granted unless specifically stated. No rights are granted until the invoice is issued and full payment is received by Sprague Photo Stock. All digital files of all versions of the image will be destroyed immediately following use.
- The licensee shall not portray the photo subjects in a manner that may be disreputable, libelous, undignified or compromise their privacy.
- No model releases or other releases exist on any image unless the existence of such release is specified in writing by Sprague Photo Stock. Recipient shall indemnify Sprague Photo Stock against all claims arising out of the use of any image where the existence of such release has not been specified in writing by Sprague Photo Stock. In any event, the limit of liability of Sprague Photo Stock shall be the sum paid to it per the invoice for the use of the particular Image involved. User will hold Sprague Photo Stock harmless from all claims for the use of the image, including defamatory use. Sprague Photo Stock gives no right or warranties with respect to the use of names, trademarks, logo types, registered or copyright designs or works of art depicted in any Image, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured.
- This agreement is not assignable or transferable on the part of the licensee.
- Image(s) used editorially must bear a credit line as indicated by Sprague Photo Stock. Recipient shall provide copyright protection to the image(s). Such copyright shall be immediately assigned to Sprague Photo Stock upon request, without charge.
- Any and all disputes, with 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 California, pursuant to the rules of the American Arbitration Association. Judgment 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 California. 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.
- Copyright claims shall be brought in the federal court having jurisdiction.
- If Sprague Photo Stock 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 or costs by recipient or user herein.
- None of the image(s) licensed may be used in such a manner so as to defame the subject in the Image, or in a manner which cause the subject to be held up to scorn or ridicule.
- This license grants permission to the licensee to use each image the number of times specified in the licensing terms, or if no quantity is specified, to use each image once (no repetitions). Any subsequent usage of the image must be licensed separately, and the image will not be repeated within the publication unless specified in the licensing terms.
- The licensee may not sell or license the image(s) to other parties.
- All photographs must credit "© Sean Sprague/SpraguePhoto.com" or "© Nile Sprague/SpraguePhoto.com" (depending on photographer) within the publication.
www.SpraguePhoto.com - Box 1490, Mendocino, CA 95460 USA - Tel: 800 306 4720 - Email: photos@SpraguePhoto.com