Donald E. Barnett (hereafter referred to as "Photographer")
is engaged in the business of creating photographic images (hereafter referred
to as "Images") for license to interested users (hereafter referred
to as "Clients"). Images of Photographer are licensed to Client
upon the terms and conditions which are set forth herein. As used herein,
the term Images shall be limited to those Images created by the Photographer
and available on this web site. References to Photographer and Client includes,
but is not limited to, their principals, employees, agents and affiliates
and their heirs, heirs legal representatives, successors and assigns.
Grants
- Client is granted limited, one-time, nonexclusive use of the Images.
Use of Images shall be limited to personal, educational, charitable and
other non-profit uses in digital form and may not be reproduced or distributed
in any other form. Advertising, promotion, trade, commercial, editorial
or any profitable use is not granted and is expressly prohibited.
- Client may not assign or transfer any rights granted hereunder. No
amendment or waiver of any terms is binding unless set forth in writing
and signed by the parties.
Warranties
Photographer represents and warrants that:
- Photographer is the sole and exclusive owner of the Images and of the
right to License such Images.
- The Images do not knowingly infringe copyright, trademark, right of
privacy or publicity, and do not knowingly defame any third party.
Client Obligations
- All Images used by Client shall contain copyright notice in Photographer's
name as such notice has been indicated by Photographer on the face of the
Images. In the event no notice is so affixed, Client agrees to affix notice
or adjacent credit line in Photographer's name before using any of Images
as follows: © [year] Donald E. Barnett, and Client in each such
case shall determine from Photographer and shall utilize the correct year
to be included in said notice. Client agrees that the Images shall be protected
by copyright in all uses, pursuant to applicable law or regulation, and
expressly consents to the jurisdiction of the Federal courts with respect
to claims by Photographer under the Copyright Act of 1976, as amended.
- Client shall promptly notify Photographer in the event unauthorized
or infringing use of or the alteration of an Image is discovered. Photographer
shall have the right to cause Client to be joined as a party in any litigation
concerning an Image. Any recovery from such action shall, after payment
of all costs (including reasonable attorney's fees), be distributed solely
to the Photographer.
- Photographer has indicated those Images for which a "model release"
has been obtained. For uses requiring such release, Photographer may deliver
a copy of that release to Client. In the event an Image does not contain
a notation concerning the existence of a model release, Client acknowledges
that no such release shall be deemed to exist and Client assumes full responsibility
for the subsequent use of such Images. Client releases and indemnifies
Photographer from any and all damages incurred by Client, Photographer
or third parties in connection with such uses. Client will indemnify and
defend Photographer against all claims, liability, damages, costs and expenses,
including reasonable legal fees and expenses, arising out of any use of
any Images for which no release was furnished by Photographer, or any Images
altered by Client.
- Client will not make or permit any alterations, additions, or subtraction
in respect of the Images, including without limitation any digitalization
or synthesization of the Images, alone or with any other material, by use
of computer or other electronic means or any other method or means now
or hereafter known.
Dupes
- "Dupes" shall be defined as duplicates, copies, facsimiles,
projections or other reproductions of Images in any form whatsoever, whether
created by Photographer or Client.
- Client shall not be authorized to license the use of Dupes to others.
- All Dupes, regardless of which party had caused such dupes to be created,
shall be and remain, from the moment of creation, the sole and exclusive
property of Photographer, subject only to permissible licenses.
Indemnity
- Each of the parties hereto agrees to indemnify and hold the other party
harmless from and against all final judgments and settlements with consent
(hereafter collectively referred to as "claims") which may arise
as a result of a breach or alleged breach of the party granting the indemnity
(hereinafter the "Indemnitor") of any representation, warranty,
or undertaking to be performed by such Indemnitor. The party being indemnified
(hereafter the "Indemnitee") shall promptly notify the Indemnitor
of any such claim, and the Indemnitor shall thereupon have the right to
undertake the defense of such claim. The Indemnitee shall have the right,
but not the obligation, to be represented by counsel of its choice and
participate in such defense at its sole cost and expense. The Indemnitee
shall not settle any such claim without the prior written approval of the
Indemnitor.
- Anything to the contrary containing herein notwithstanding, in the
event Photographer is called upon to indemnify Client pursuant to the foregoing indemnity, Photographer shall not be liable for any monetary sums.
| We are happy to grant permission for limited use in advertising, promotion, trade, commercial, editorial
or any profitable use. Images may be obtained in their original format. |
Contacting Us
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