Terms and Conditions, Images
for Layout Use Only:
The following Terms
apply to any image provided for download and use in layouts or comps.
Additional terms apply when purchasing or licencing an image.
"Photographer" or "Aerial Aesthetics" hereafter refers
to Mr. Bruno R. Schreck d.b.a. Bruno Burklin Photo and/or Aerial Aesthetics.
Client; refers to the requesting party named below on this
form and its representatives.
period: You may examine the accompanying Photos for up to sixty
(60) calendar days after the time they are made available, unless this
period is extended in writing. After this sixty (60) day period, you agree
to destroy all versions for which usage has not been negotiated and paid.
3. No Waiver, Complete Agreement: The terms set
forth in this document represent our entire understanding concerning the
delivery of the Photos to you, and your review and usage of them in layouts.
Additional terms apply when purchasing or licencing an image. All prior
understandings, customs or representations, whether oral or written, are
hereby merged in this Contract. No terms or conditions may be added unless
made in writing and signed by both of us. No action nor failure of action
by Aerial Aesthetics shall be construed as a waiver of the terms herein
except by express written waiver by Aerial Aesthetics. In the event we
waive any specific part of this contract, it does not mean we waive any
of photos: The accompanying Photos are copyrighted and have been
sent for inspection by yourself and your Client. The sole authorized usage
is for layouts or comps for your review or for viewing by your client,
named below. You may not use these Photos in any other manner whatsoever
until you first negotiate a fee and pay our invoice. This means that the
Photos may not be reproduced (except: once, for the layout) televised,
transmitted, or made available to anyone except yourself and the named
client. Use as artist's reference is specifically prohibited. Any usage
of a Photo without our express written authorization will be considered
a violation of this Contract. Your authorization to use in layouts is
not assignable or transferable in any way. Unless specifically stated,
Photos are not sold outright, they remain the sole and exclusive property
of Aerial Aesthetics. Use is granted for the United States only unless
otherwise indicated in writing. You agree not to make, authorize or permit
any use of a Photo except as specifically set forth in this Contract.
We both agree that the reasonable and stipulated fee for any unauthorized
usage shall be three (3) times our normal fee for such use. Since it is
difficult to determine the exact amount of damage created as a result
of unauthorized usage, in the event you utilize a Photo prior to receiving
our express written consent, Aerial Aesthetics agrees to forego our right
to sue you for copyright infringement if you pay, as liquidated damages
a sum equal to three (3) times the normal price we would have charged
for such 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
breach of contract.
5. Releases: Our invoice will advise you if any
Photo has a property release; otherwise you should assume that no property
release exists. Where we advise you about a release, in writing, our liability
is limited to the invoiced price for the use of the Photo involved. You
agree to indemnify us and hold us harmless from any and all claims and
expenses arising out of your use of the Photo. You agree not to use any
Photo in a defamatory or fraudulent manner or context, either by physical
changes to the Photo or by any accompanying text, and agree to hold us
harmless from any and all claims and expenses arising from such use. If
you utilize a Photo prior to paying our invoice, we must decline to accept
any liability for any claim concerning the publication of such Photo since
it was published without our permission.
A material part of this Contract is this agreement to arbitrate. Any and
all disputes relating to this Contract, including its validity, interpretation,
performance, breach or other matter shall be settled by arbitration in
New York City pursuant to the rules of the American Arbitration Association.
Judgment upon any reward may be entered in the highest court having jurisdiction,
whether Municipal, State, Federal or other, and the interpretation of
this Contract shall be governed by the laws of the State of New York.
Any dispute involving Five Thousand Dollars ($ 5,000.00) or less may be
submitted, at our discretion and without arbitration, to any Court having
jurisdiction thereof. You agree that the arbitrators shall have full authority
to award all costs of the arbitration, including legal fees, plus legal
interest on any award.
Protection: Photos used shall bear the credit line: Copyright
© Aerial Aesthetics, year or other credit line specifically
agreed to by us in writing. You agree to provide copyright protection
to the photo and such copyright shall be immediately assigned to Aerial
Aesthetics upon request and without charge.