Stock Photo and Stock Images Licensing

Alaska Stock License Agreement

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ALASKA STOCK LICENSE AGREEMENT FOR BOTH RIGHTS-MANAGED AND ROYALTY-FREE IMAGES

This one agreement covers both royalty-free images and rights-managed images. You are bound by this agreement for any images you purchase from Alaska Stock as well as our ALASKA STOCK WEBSITE USER AGREEMENT which you agreed to upon registering. The Universal Terms below relate to both Royalty-Free and Rights-managed images. Specific terms relating to Royalty-Free or rights-managed images is listed below these general terms under their appropriate headings.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER.

UNIVERSAL TERMS FOR BOTH rights-managed AND royalty-free IMAGES

This is a legal agreement between you and Alaska Stock LLC in regards to all images on Alaska Stock’s web site including rights-managed, royalty-free and the Alaskan Express royalty-free CD. Please read this agreement carefully before purchasing, downloading or using any Alaska Stock image(s) from either this web site or from a royalty-free cd. Your right to reproduce an image(s) is subject to the terms, conditions and restrictions set forth in this agreement and is conditioned upon your full payment of the license fee prior to your reproduction of the image(s). By clicking agree, you agree to be bound by the terms of this agreement. If you do not agree to be bound by all of the sections on this license agreement, do not purchase an image(s) from this site but instead click on the "cancel" button to decline this agreement and therefore not download any image(s).

1. COPYRIGHT

All image(s) are copyrighted. Alaska Stock and the photographers who shot the image(s) own all rights to the image(s). All rights not specifically granted to you by the use license/invoice are reserved.

2. OWNERSHIP

Ownership of the image(s) always remains with Alaska Stock and/or the photographer who made the image(s). Recipient does not acquire any right, title or interest in or to any image(s) by the download of an image(s) or by the granting of the license to reproduce an image(s). Full credit and copyright information must remain with the image(s) file.

3. NON-TRANSFERABLE

Any rights we grant to you for image(s) from this site are non-transferable. You may not re-sell, rent, loan, give, sublicense, or otherwise transfer to anyone the image(s) or the right to reproduce the image(s) (except insofar as it has been incorporated by you into one of the permitted uses outlined in the USE LICENSE/INVOICE) and nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the image(s). You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating, or distributing the image(s).

4. INDEMNIFICATION

You agree to hold Alaska Stock and the photographer harmless from all claims and/or any damages or liability of any kind arising from any reproduction or use of the image(s) or this website, including defamatory use. Alaska Stock 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 picture, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured. You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity.

5. DIGITAL FILES CREATED FROM OUR IMAGES

Any and all digital files which we supplied or you have created and stored in ANY format including but not limited to hard disk, tape, optical disk, CD-ROM, floppy disk or other media MUST BE DESTROYED after your use of the image(s) is completed unless you plan to re-license use of the image, in which case you must notify us for a fee reassessment. Should Alaska Stock deliver to you digital files of our images, the delivery of those digital files is solely an accommodation to our clients. Alaska Stock does not warrant that the digital delivery will be on a timely basis, uninterrupted, error free or compatible with a client’s particular system. Alaska Stock makes no warranty, either express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. In no event shall Alaska Stock be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the digital delivery of any image or otherwise.

6. RELEASES

You can assume that images marked “MR” &/or “PR” are released. However, no model releases or other releases exist on any images unless the existence of such release is specified in writing by Alaska Stock. Always double check with us. Recipient shall indemnify Alaska Stock against all claims arising out of the use of any images where the existence of such release has not been specified in writing by Alaska Stock. In any event, the limit of liability of Alaska Stock shall be the sum paid to it per the invoice for the use of the particular photograph involved. User will hold Alaska Stock harmless from all claims for the use of the images, including defamatory use. Alaska Stock 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 picture, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured. Alaska Stock does not purport to own the copyright to any historical images it provides and that the user is responsible for obtaining any necessary permissions.

7. PHOTO CREDIT & SAMPLES

Images used editorially must bear a credit line which must follow this format: ? YEAR Photographer name/Alaska Stock.com or in the case of royalty-free images simply “Alaska Stock.com”. Should you fail to show our copyright notice as outlined above, the use fee will be doubled. Recipient must register copyright in their name to afford protection to the photograph. Such copyright shall be immediately reassigned to Alaska Stock upon request, without charge. No photo credit is needed when used for advertising purposes. User agrees to provide Alaska Stock with two copies of reproductions produced. It is agreed that Alaska Stock may use and publish the samples provided for its own self-promotion.

8. PAYMENT

Your use of the image(s) is predicated on the payment in full for the use of the image(s). Should you use an image(s) and not make full payment, you are in violation of U.S. copyright law and subject to penalties. In such a case, Alaska Stock may use all legal means to collect damages. Unless you pay by Credit Card, all invoices are due upon receipt. A finance charge of 2% per month will be applied on any balances unpaid after thirty (30) days.

9. CANCELLATION POLICY

Once an image has been downloaded there are no refunds or cancellations. You authorize Alaska Stock to charge you for the selection of image(s) and accept the terms stated within this License Agreement upon ordering the image(s).

10. 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 shall seek all damages and remedies available, including attorney's fees and all associated costs.

11. ADDITIONAL RIGHTS

Additional rights may be available. If you are unsure of your rights under this agreement, or if you wish to use an image(s) in a manner not permitted under this agreement, please contact Alaska Stock by telephone at 800-487-4285 or (907) 276-1343, by FAX at (907) 258-7848, or by email at infoweb@alaskastock.com

12. NO WARRANTY

DIGITAL FILES ARE PROVIDED "AS IS." ALASKA STOCK MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM.

WITHOUT LIMITING THE FOREGOING, ALASKA STOCK 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 PICTURE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. ALASKA STOCK IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION.

ALASKA STOCK MAKES NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OF THE CONTENT, OR 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.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ALASKA STOCK, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, OR THE OWNER OF THE IMAGES BE LIABLE TO YOU 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 AGENT SHALL BE THE FEE PAID FOR THE IMAGE TO AGENT.

All rights not specifically granted herein to User are reserved for Alaska Stock’s use and disposition without any limitations whatsoever.

14. GOVERNING LAW

The interpretation of this Agreement shall be governed by the laws of the State of Alaska, United States of America. 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 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 Alaska Stock is caused to present claims or suit to you 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.

15. SPECIFIC RIGHTS RELATED TO ALASKA STOCK’S GOLD COLLECTION OF rights-managed IMAGES

USE OF IMAGES AND PAYMENT

All images submitted are copyrighted and you agree not to reproduce or use them in any manner including but not limited to layouts, photostats, scanning, digitalization or color separations until you first negotiate a use fee and pay our invoice for the uses you require. No rights are granted until payment is made to Alaska Stock, even though you have received an invoice. The “INVOICE & COPYRIGHT LICENSE” we grant is only to you and cannot be assigned or transferred without our proper written consent. Your use of an image is strictly limited to the parameters established on our “INVOICE & COPYRIGHT LICENSE” under “Use Rights Granted." Any use beyond those specified is a violation of U.S. copyright law. Should you fail to pay our invoice, we will contact your end client to notify them they are in violation of the US copyright law and proceed with legal proceedings. In the event material from Alaska Stock is published or used in any way without first obtaining a proper “INVOICE & COPYRIGHT LICENSE” for that use, Alaska Stock may seek damages against you or the end user of the material. At its option Alaska Stock may issue a retroactive use license for material used without proper license in place prior to use. Retroactive use license fees will be assessed at a rate of up to ten times the normal use rate. Unless specifically stated under “Use Rights Granted” licenses do not include any form of electronic reproduction of the image. Image may not be used in re-releases, subsequent or collective editions without first obtaining additional use rights.

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 Alaska Stock. Any attempted deviation from the terms of our Use License/Invoice is a violation of this agreement and the copyright act and shall nullify Alaska Stock’s indemnity obligations, and the representations and warranties made by Alaska Stock 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 Alaska Stock and the payment of any additional use fees required by Alaska Stock for such expanded use. You shall promptly notify Alaska Stock of any expanded use of the image(s) for which you have not received Alaska Stock's prior approval, and shall pay to Alaska Stock any additional Use License/Invoice fee required by Alaska Stock for such expanded use.

16. SPECIFIC RIGHTS ONLY FOR ALASKAN EXPRESS, ROYALTY-FREE IMAGES

When you pay for a royalty-free image(s) you do not own the image(s). We are not outright selling these image(s). You are purchasing a set of broad rights to use these image(s).

Royalty-free images are NOT protected by ANY form of rights-protection. Anyone, including your competitors, may be using the same photo you are at the same time. If you require any form of rights-protection you should license a rights-managed image. With Alaska Stock’s library of rights-managed images you can be informed of any current or past use of the image. You can also secure exclusive rights using our rights-managed images.

A) REPRODUCTION RIGHTS GRANTED.

After you pay Alaska Stock for the use of the royalty-free image(s) Alaska Stock LLC grants to you, or your employer if you are licensing on behalf of your employer, or your client, a non-exclusive, non-sub licensable, non-transferable right to use the royalty-free image(s) for the following;

i. You may use the image(s) in any print or electronic advertising, editorial or corporate project. Projects such as; magazine and newspaper advertising, editorial books, catalogs, newsletters, brochures, reports, disposable packaging, book covers, textbooks, point of purchase, websites, broadcast media, personal use, comps, tests, and billboards on a worldwide basis in perpetuity.
ii: You may back up, copy, or archive the image(s) as is necessary for your own personal use, and only as is necessary for that use. Any copy or archive you make must include the image(s)’s copyright information.
iii: You may modify or alter the image(s) as is necessary for your use of it, as allowed for elsewhere in these terms and conditions, provided that the rights to any derivative work shall belong to Alaska Stock. Such derivative work may be used only as permitted in accordance with these terms and conditions, and you hereby assign any and all copyrights with respect to such derivative work to Alaska Stock, which assignment the parties hereby agree is valid under the U.S. Copyright law. If requested by Alaska Stock, you agree to execute a written assignment of any such copyrights with respect to such derivative work.

B) RIGHTS SPECIFICALLY NOT GRANTED TO YOU. You may not use any royalty-free image(s) for any of the following;

i: You may NOT use the image(s) in a downloadable database where you are giving permission to others or implying to others that they may use, download or copy the image(s).
ii: You may NOT use the image(s) in connection with any potentially sensitive issue including, but not limited to, sex, reproduction rights, physical or mental challenges, AIDS or substance abuse.
iii: You may NOT use the image(s) to directly or indirectly imply an endorsement or affiliation with individuals, products or entities that have not expressly authorized such usage.
iv: You may NOT use the image(s) in a way that may be considered defamatory, libelous, pornographic, obscene, immoral, fraudulent or to defame or disparage, directly or indirectly, any person, product or entity or any other unlawful use.
v: You may NOT sell, give or transfer the image(s) to a third party.
vi: You may not use the image(s) in any way to compete with Alaska Stock or in any Alaska Stock type endeavor.

This contract contains all the terms of the agreement between you and Alaska Stock concerning transmission, delivery and licensing 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.

? ALASKA STOCK LLC 2005. All rights reserved.
 
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