Terms and Conditions
Unauthorized Use of Images
In the event that i) you utilize any image, without or prior to the granting of a licence, or ii) you utilize any image for any use other than that indicated on the invoice, including but not limited to the number of uses, the publications utilized, or the size of reproduction, MediaBlitz Images reserves the right to seek damages through legal channels unless you agree to reimburse MediaBlitz Images as follows.
Since it is difficult to determine damages resulting from unauthorized usage, MediaBlitz Images agrees to forgo our right to sue you for copyright infringement on the condition that you agree to pay, as liquidated damages, a sum equal to twice (2) times the normal price we would have charged for such use of an image.
(Company) will calculate a usage fee by relying in good faith on the information you provide and will issue an invoice detailing the licence granted.
Releases, Permissions, and Sensitive Subject Usage
Unless our invoice specifically indicates an image has a model or property release, it is not to be construed that such a release exists.
MediaBlitz Images gives no rights or warranties with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.
You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.
You agree to hold MediaBlitz Images harmless from any and all claims and expenses arising from your use of an image. If you utilize an image prior to paying our invoice, or without our expressed permission in regard to sensitive subjects, we are relieved of any claim concerning the image's use of publication because it was published without permission. MediaBlitz Images reserves the right not to permit reproduction of an image for any reason whatsoever. Under all circumstances, our liability is strictly limited to the invoice price for the use of the images involved.
No Waiver, Complete Contract
The terms set forth in this Agreement, any delivery contract and invoice, represent our entire agreement concerning the delivery of images to you, your review and usage thereof. All prior understandings or representations, whether written or oral, based on "industry custom" or past dealings, are hereby merged in this contract. No terms or conditions may be added, removed or modified unless made in writing and signed by both parties. No action of ours, other than an express written waiver, may be construed as a waiver of any part of this contract, and no employees of MediaBlitz Images is authorized to waive it orally. In the event we waive a specific part of this contract, it does not mean we waive any other part.
|
||||
|
||||
|
||||






