This legal agreement (the “Agreement”) is made by and between the Website Owner and Photo Owner (Photographer) as of this from the moment of posting photos by Photo Owner on this website and is valid until Photo Owner does not delete his photos from the web site.The parties agree as follows:
1. License. Photo Owner grants to Website Owner and Website Owner’s successors and assigns, the nonexclusive right to publish and reproduce the Photo at Website Owner's website until the Photo Owner remove his photos from the website.
Photo Owner warrants that it has the right to grant permission for the uses of the photo as specified above, that the Photo does not infringe the rights of any third parties, and if a model release is required, Photo Owner warrants that a model release is available for the Photo.
2. Ownership of Photos. The Website Owner agrees that subject to the rights and licenses granted herein, Photographer is, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world, to all Photos and any copies of the Photos. Except as expressly provided in this Agreement, Photographer reserves all rights and licenses not expressly granted in this Agreement.
3. Restrictions on Use. The Website Owner will not use the Photos for any of the following purposes:
(A). No Unlawful Use. Website Owner will not use the Photos in any unlawful manner, such as pornography or defamation.
(B). No Use in Trademark or Logo. Website Owner will not use the Photos in any trademark, design, logo or other marks.
(C). No Products for Resale. Website Owner will not use the Photos in any goods or products where the Photos are the primary value.
(D). Website Owner may delete photos if those photos don't reach minimum requirements or another reason without the prior notice to Photos Owner.
(E). The Website Owner reserves the right to which of the photos to publish in the public part of the site, it will be depending on the characteristics or parameters of the photo. Photographer can have seen his photos in the non-public part of the site and place links to them on other sites.
4. Photo Notice and Markings. All photos will include a copyright notice in the name of the Photo Owner (Photographer). A Photo Owner may allow using his photos on other sites with an indication of his authorship on the photo.
5. Limitations of Liability. The Website Owner provides photographers with a place to post their photos on the site. Except for any remedies that cannot be excluded or limited by law, Website Owner, will not be liable under this agreement to Photo Owner or the other party, any affiliate or another third person for any indirect, incidental, consequential, special, reliance, or punitive damages or lost or imputed profits, lost data or cost of procurement of substitute goods or services.
6. Assignment. The Website Owner may assign this Agreement, in whole or in part, to any affiliate or successor.
7. Severability. This agreement may be changed by Website Owner with prior notice to Photo Owner by posting such notice on the site. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as for best to effect the intent of the parties. This Agreement shall be governed by and interpreted in accordance with the laws of State Washington of the United States and international copyright laws and treaties.
8. Entire Agreement. This Agreement represents and constitutes the entire agreement between the parties, and supersede and merge all prior negotiations, agreements, and understandings, oral or written, with respect to any and all matters between the parties.
IN WITNESS WHEREOF, the Parties have entered into this Agreement.