PHOTO LICENSING AGREEMENT
This license is the legal agreement between you and A Beautiful Dominion Photography LLC (ABDPhoto) covering the digital media you have received from any of our web sites, received via email, FTP, disk, acquired through third party, and/or the physical media you have purchased from us. Your use of and payment for our media constitute your acceptance of this license. Media may be viewed and downloaded for express purpose of the home listing, but any further use without payment of the appropriate license fee is prohibited.
LIMITED USE LICENSE
Photographer grants buyer a nonexclusive personal use license to download and copy the accompanying images, subject to the following restrictions:
- ABDPhoto hereby grants to Listing Agent and their respective Brokerage an exclusive worldwide royalty free license to reproduce, distribute, display, and publicly perform the Images in connection with the agent’s real estate listing.
- Title and ownership, and all rights now and in the future, of and for the image(s) remain exclusively with ABDPhoto.
- There are no warranties, express or implied. The image(s) are provided ‘as is.’
- ABDPhoto will not be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer’s use of the image(s).
- This license grant shall include the right to sue for copyright infringement, including without limitation past infringement. To that end, ABDPhoto agrees to assist Brokerage in preparing and filing any copyright applications that cover the Images, including providing any information necessary to prepare such applications.
What you may do:
ABDPhoto grants you a nonexclusive, nontransferable, worldwide license to use this image for permitted commercial purposes, defined as:
- real estate advertising, promotion, brochures, packaging, directly relating to the sale of the home
- prints, posters, flyers, postcards, tearsheets for promotional purposes (not for resale)
- prints, posters, or other commercial display of image
- magazines, books, newspapers, other printed publications
- video, broadcast, theatrical
What you may not do:
- Buyer may not resell, relicense, redistribute without express written permission from ABDPhoto.
- Use as a derivative work, and reselling or redistributing such derivative work is prohibited.
- Images may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner.
- Images may not be incorporated into trademarks, logos, or service marks.
- Image may not be made available for download.
ABDPhoto retains all rights, license, copyright, title and ownership of the image(s).
The scope of this Agreement:
This Agreement applies to any image, graphics, digital assets, or digital images created or taken by A Beautiful Dominion Photography LLC (ABDPhoto) and delivered to the Client (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Rights:
All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of ABDPhoto. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Images only for the agreed upon terms as set forth in the licensing agreement. Images used for any purpose not directly related outside of those terms must be with the express permission of ABDPhoto and may include the payment of additional fees, unless otherwise agreed to in writing. Images may contain copyright management information (CMI) at the discretion of ABDPhoto in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes a violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to ABDPhoto for any penalties and awards available under that statute.
Relationship of the Parties:
The parties agree that ABDPhoto is an independent contractor and that neither ABDPhoto nor ABDPhoto’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. ABDPhoto and the Images or any other deliverables prepared by ABDPhoto shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Creation:
The manner and method of creating any Image is solely at the discretion of ABDPhoto and the Client has no right to control ABDPhoto’s manner and method of performance under this Agreement. ABDPhoto will use their best efforts to: (a) ensure that the Images conform to Client’s specifications; and (b) submit all Images to Client in publishable quality, on or before the applicable deadlines.
Fees:
All fees and expenses payable under this agreement are required to be paid upon receipt of the invoice. If full payment has not been received within thirty (30) days all rights are revoked at ABDPhoto’s discretion.
No Exclusivity:
This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by ABDPhoto, and ABDPhoto shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by ABDPhoto.
Transfer and Assignment:
Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties.
Indemnification:
Client will indemnify and defend ABDPhoto against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of the Images or materials furnished by Client. It is the Client’s responsibility to obtain the necessary model or property releases are ensure they are full effect and in force.
General Law/Arbitration:
This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State in which the work was performed. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in county and state in which the work was performed, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorney’s’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability:
If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver:
No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.