TERMS AND CONDITIONS OF USE OF THE IDITAROD PHOTOS WEBSITE
updated June 1, 2013
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JEFF SCHULTZ PHOTOGRAPHY INC. , HEREAFTER REFFERED BY “JSP INC.”. BY CONTINUING TO USE THIS SITE OR BY DOWNLOADING ANY IMAGE(S) YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS SITE OR DOWNLOAD ANY IMAGE(S). If you are obtaining Image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. JSP INC reserves the right to alter, modify, or update these terms of use at any time and you agree to be bound by such modifications, alterations, or updates.
OWNERSHIP OF THIS WEBSITE and IMAGES
This website is owned and operated by JSP INC. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property. The copyrights to the Images on this JSP INC site are owned by Jeff Schultz and the other individual photographers who created the Images and/or JSP INC. The Images on this site may only be used as outlined under “PERMITTED USAGE” below. It is illegal to copy or reproduce these Images beyond the “PERMITTED USAGE,” including use on other web sites without the prior written consent of JSP INC. It is illegal to use any portion of our Images as reference for another photograph, illustration, or derivative work in any form.
PERMITTED USAGE
Comp Use: JSP INC grants you a personal, nontransferable, nonexclusive right to copy the Images you have selected onto your computer hard drive and to use the Image(s) and any derivative works or copies (collectively, the “Image(s)”) on one computer and with one user at a time only in the United States. The Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to JSP INC. You must contact JSP INC (by email: info@schultzphoto.com, by phone: 907-279-2797, or by mail at: 12600 Furrow Creek Road Anchorage, Alaska 99516 to obtain a license for additional use.
Other than the above comp use, Images may not be used in any way, until an invoice indicating User’s right to use same is paid in full.
ADDITIONAL USE
Only upon your payment for same, JSP INC grants you the non-exclusive right to use the Images according to the rights you have selected and indicated on the menu of the JSP INC on-line licensing process in accordance with the JSP INC LICENSE AGREEMENT found on the checkout screen. No Image(s) may be used without proper payment.
The Image(s) is/are strictly limited to the specific use, medium, period of time, print run, placement, size of Image, territory and any other restrictions specified in our “INVOICE & COPYRIGHT LICENSE.” The terms specified on the “INVOICE & COPYRIGHT LICENSE” shall not be modified without the express written consent of JSP INC. Any attempted deviation from the terms of our Use License/Invoice is a violation of this agreement and the copyright act and shall nullify JSP INC’s indemnity obligations, and the representations and warranties made by JSP INC hereunder. Fees assessed for your use of the Image(s) depends on the nature of the rights granted. You shall not undertake any expanded use of the Image(s) without the prior approval of JSP INC and the payment of any additional use fees required by JSP INC for such expanded use. You shall promptly notify JSP INC of any expanded use of the Image(s) for which you have not received JSP INC’s prior approval, and shall pay to JSP INC any additional Use License/Invoice fee required by JSP INC for such expanded use.
RESTRICTIONS AS TO USE
The following uses are prohibited:
Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights. Creation of any derivative use of an Image unless indicated on the invoice. Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter. Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark. Archive, republish or transmit any Images on any database without JSP INC’s prior written consent. Copy or publish any of the Images to a network, social media, public accessible site, bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from JSP INC. Sublicense, re-license, rent or lease any of the Images. Use of the Images to promote a business that sells or licenses photographic Images, or otherwise competes with JSP INC in any manner. Ship, transfer, or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
CREDIT
Images used editorially should bear a credit line as indicated by JSP INC. User must register copyright in their name to afford protection to the photograph. Such copyright shall be immediately reassigned upon request, without charge.
RETENTION OF DIGITAL FILES:
Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this agreement. JSP INC’s copyright information and Image identification number must be retained with the digital files while you retain them.
PAYMENT TERMS
Time is of the essence in the performance by User of its obligations for payments.
Payment of the invoice herein is to be upon receipt. Any claims for adjustment or rejection of terms must be made to JSP INC within ten (10) days after receipt of invoice.
CANCELLATION & REFUND POLICY
For Rights-Managed licenses, if JSP INC receives your request in writing to cancel the License within thirty (30) days of the date of downloading or otherwise taking delivery of the Image(s), JSP INC may cancel this License Agreement and issue a credit to your account or credit card equal to one hundred percent (100%) of the License fee. No refunds or cancellations will be accepted after thirty (30) days.
LINKS TO THIRD PARTY SITES
The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.
INDEMNITY
You agree to indemnify and hold JSP INC, and the photographer, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from the use of an Image or any breach of this agreement.
GENERAL DISCLAIMERS
JSP INC GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. JSP INC IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY JSP INC.
DIGITAL FILES ARE PROVIDED “AS IS.” JSP INC MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. JSP INC MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL JSP INC OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND JSP INC SHALL BE THE FEE PAID FOR THE IMAGE TO JSP INC.
UNAUTHORIZED USE/RETROACTIVE LICENSE FEE:
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available, including attorney’s fees and all associated costs.
MISCELLANEOUS
JURISDICTION
Any and all disputes, with the 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 Anchorage, Alaska 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 Alaska. If User 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 User 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. User agrees to be subject to the jurisdiction of the Federal Court in the District JSP INC resides.
If JSP INC 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 User.
This agreement is not assignable or transferable on the part of User.
In the event that any Images are used by User in publications, User shall provide JSP INC with two (2) free copies of such publication immediately upon printing.
This contract contains all the terms of the agreement between us (JSP INC and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client’s purchase order. Any subsequent invoice we may issue may contain additional terms relating to the rights granted and the type of usage allowed.
End – updated June 1, 2013