Licensing Agreement and Information
This licensing agreement pertains to the purchase (license) of images from this site.
THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND “PHOTOGRAPHER”. Read this agreement in its entirety before purchasing or licensing any image from Mark I. Cohen, dba Mark Cohen Photography, Folsom, California 95630, herein referred to as “Photographer.” The following terms and conditions apply to your access and use of any content or images from this website. By continuing to use this website, browsing the images, using the” lightbox” downloading, or purchasing a license or image from “Photographer,” you agree to be bound to the terms of this agreement. If you do not accept this agreement, please discontinue using this website or do not license or purchase any images from “Photographer.”
If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations defined within this agreement apply to them as well as you acting as their representative. “Image” means all images and related materials in any medium furnished by “Photographer” including text, captions or other information. “Invoice” means the invoice supplied by “Photographer” that sets forth the specific conditions of use for the image(s) selected and grants you the reproduction and use rights specified.
Unless otherwise specified on the invoice, images are licensed with no rights protection on a non-transferable, one-time, non-exclusive basis. The invoice incorporated together with this agreement constitutes the full license granted for use of the selected image(s). Unless otherwise specifically stated on the invoice, you do not acquire any right, title or interest in or to any image, including without limitation, any electronic reproduction or promotional rights. Use of an image not specifically authorized by the invoice constitutes an infringement of “Photographer” and “Photographer’s” third-party licensor’s proprietary rights and will subject you to infringement damages. Use of an image in a manner contrary to any restriction stated in the invoice is prohibited.
No rights are granted by your possession of the image(s) or the invoice. You agree to notify “Photographer” in the event that you desire to expand the usage for any image(s) and agree to pay any additional license fee that may be applicable. All rights not granted on the invoice are specifically reserved for “Photographer’s” use without any limitations. The limited license granted to you and/or your employer is personal and non-transferable. Derivative work produced by you incorporating the whole or any part of any image is limited only to your own use or the use of your employer, client or customer, who must be the end user of the work under the specific license granted. You may not sell, rent, loan, give, sublicense or otherwise transfer to anyone the image(s) or any right to reproduce the image(s) in any manner whatsoever.
IMPORTANT NOTE: “Photographer” gives no rights or warranties with regard to the use of names, trademarks, registered or copyrighted designs or works of art depicted in any image. You must satisfy yourself that all the necessary rights, consents or releases as may be required for reproduction are obtained. While “Photographer” makes every reasonable effort to correctly caption the subject matter, “Photographer” does not warrant that such information is complete or accurate. Defamatory, libelous, pornographic of otherwise unlawful use of any image(s) is strictly prohibited.
PRICING:
Rights managed pricing is calculated based upon how you intend to use the image(s). Licensing fees start at as little as $75.00. The cost depending upon the use and number of images selected. The cost structure reflects used by “photographer” reflects current, nationally recognized rates for dozens of applications, from brochures, book covers and web sites to billboards, interior design and corporate art. Discounts are available when a minimum quantity of images is ordered at the same time.
Flat Rate Pricing… provides for one flat-rate fee that allows the purchaser ulimited us of the image for a set period of time, subject to the the restrictions of the Flat Rate license. Depending upon your use of the image, this pricing model can mean big savings. Discounts can apply when purchasing a minimum number of images.
COPYRIGHT INFORMATION:
All images on this website are © copyrighted by Mark I. Cohen. All images and text on this website are, unless otherwise explicitly indicated, exclusive property of “Photographer” and are therefore protected by United States and international copyright laws.
None of the images found on the “Photographer” website are in the public domain.
The use or reproduction of our images for any purpose, including copying and/or saving of digital images is expressly forbidden, unless such use is authorized in writing by principals of “Photographer” and/or the user can present upon demand a paid invoice for such use issued by “Photographer”.
The use of any image found on this website, in whole or in part, as the basis for another photographic illustration, composition, graphic rendering or any visual representation whatsoever without such use expressly authorized in writing by Photographer, constitutes a an infringement of the proprietary rights of Photographer, a breach of the agreement and a violation of copyright, and is expressly forbidden. In the event that in infringement is discovered, the offender will be notified by registered mail and invoiced TRIPLE THE AMOUNT OF THE STANDARD INDUSTRY RATE such unauthorized usage, and/or prosecuted for Copyright Infringement in U.S. Federal Court, where he/she/they will be subject to a fine of up to US $100,000 in statutory damages, as well as all court costs and fees incurred by “Photographer” in the prosecution of the case.
The foregoing is not a limiting statement of “Photographer’s” rights or remedies in connection with any unauthorized use, infringement, copyright violation or breach of this agreement or the terms of the license.
If “Photographer” must enforce our rights as a result of any breach of terms and conditions of this agreement or license, whether a lawsuit is filed or not, “Photographer” shall be entitled to recover its reasonable attorney’s fees, legal expert fees and other expenses arising out of the enforcement action.
INDEMNIFICATION / HOLD HARMLESS:
You agree to indemnify, defend and hold “Photographer” harmless from and against any claim for damages, liability, losses or any costs and expenses, including reasonable legal fees and expenses, arising out of or relating to (1) a breach of this agreement, (2) a breach of the terms of the license, (3) the use of the image(s) either alone or in combination with any other material, (4) your failure to abide by any restriction regarding the use of an image, (5) any claim by a third party related to the use of an image, alone or in combination with any other material, (6) loss or damage suffered by you or any third party arising from any alleged or actual defect in any image or its caption or in any way from it’s reproduction or distribution. (7) Failure to obtain model or property release and/or permission to use.
STATEMENT OF USE:
Any license granted by “Photographer” shall not constitute a representation that an image is compatible for use with any other material. You are solely responsible for the use of any image(s) in combination with any other material. Without limitation, you are solely responsible for use of any image(s) in combination with material covering sensitive subjects including, but not limited to, topics that may depict the subject matter in any negative manner or that addresses issues that may directly or indirectly address potentially inflammatory or offensive issues of any kind.
As a condition of use, you agree to provide to “Photographer” free of charge two (2) tear sheets or copies of any printed product or publication you create using the image(s), or, if electronic use is licensed, the URL and any required passwords or the screen capture equivalents fo our records. Failure to supply the tear sheets or other samples or access shall be considered a material breach of this agreement.
The following credit line must appear adjacent to any image used in an editorial
manner:
© , current year, Mark Cohen. You agree to provide copyright protection
to all images and such copyright shall be immediately assigned to “Photographer”
upon request and without charge. No ownership or copyright shall pass to you
by the issue of this agreement or license, and in editorial uses of images,
you agree to pay a one hundred percent (100%) surcharge in addition to the
invoice amount if you do not provide such credit or copyright notice.
MODEL / PROPERTY RELEASES:
Some images may depict persons, property, or subject matter that may be subject to copyrights, trademarks, rights of publicity, property rights, or other rights belonging to third persons. Unless expressly stated so in writing, no valid model / property release exists for any image. Any releases that may are in the possession of “Photographer” will be provided to you upon your request. You are solely responsible for determining whether your use of any image(s) requires the consent of a third party or the license of any additional rights. Any license granted you by “Photographer” is strictly conditioned upon your obtaining all necessary third party rights, releases and / or permissions, evidence of which may be requested by “Photographer” at any time. In the event that an image cannot be used by you due to the failure of any good faith efforts to obtain a release, consent or permission, “Photographer’s” liability to you shall be limited only to the return of the sum invoiced and paid with respect to that image.
IMPORTANT NOTE: Although it will not affect your viewing, all images on the “Photographer” website are digitally watermarked and encrypted for ease of identification.
ELECTRONIC USE AND STORAGE:
For each image licensed by from “Photographer” you must provide the copyright symbol and the name ““Photographer””. In addition, you may place the image(s) on your internal computer network for a limited time provided that you strictly limit access to the image(s) to those have a bona fide need to facilitate production, creation or any licensed use, but you shall not otherwise make, use or distribute copies of the image(s) to any person or organization for any purpose whatsoever. You agree not to re-sell, sublicense or re-purpose any image(s) in any other format or medium unless your invoice or license with “Photographer” specifically permits re-use. This section shall survive the termination of this agreement, license or invoice.
You may not display the image(s) in any digital format or for any digital use at a resolution greater than 640x480 pixels, except in preliminary design or editorial work. Doing so may be perceived as an attempt to distribute the image in violation of this agreement. This requirement is imposed to reduce the possibility of the theft of the image from you.
WARRANTY AND LIMITATION OF LIABILITY:
“Photographer” warrants the digital copy of the image(s) received by you to be free of defects in material and workmanship (not including “artifacts” or other flaws inherent in the original image) for ninety (90) days following delivery of the image. The sole and exclusive remedy for a breach of warranty, at “Photographer’s” option, is the replacement of the digital copy of the image or refund of the license fee already paid by you provided you have not made any licensed use of the image(s).
“Photographer” makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither “Photographer” or its licensors shall be liable to you or any other person or entity for any direct, indirect, consequential, incidental, general, special, lost profits or other damages arising our of this license or out of or related to the use or inability for use of any images provided hereunder exceed the amount invoiced and paid by you or your employer for the use of that particular image. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national law or provisions.
ACKNOWLEDGEMENT OF TERMS AND CONDITIONS OF AGREEMENT:
You acknowledge that you have read this agreement and understand it and agree to be bound by all of its terms and conditions. No variation of any of the terms in this agreement shall be effective unless agreed to in writing by “Photographer” and you. No action of “Photographer”, other than express written waiver, may be construed as a waiver of any clause of this agreement. In the event that “Photographer” waives any part of this agreement, such fact does not mean that any other part is waived. If any provision of this agreement is found to be invalid or unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of inconsistency between the printed terms contained herein and the terms contained on any purchase order sent by you or your employer, the terms of this agreement shall govern. If on this or any printed form received by you in connect with the your order, any terms or conditions herein or therein in inconsistent with the provisions of this agreement as it appears on our website, such inconsistent terms and / or conditions shall be of no force and effect, it being the parties’ intentions that his agreement as it appears on this website shell govern all matters relating to the image(s).
OWNERSHIP:
This website is owned by “Photographer” and all elements of the website, including but not limited to, design and content are protected by United States copyright law, international treaty provisions and other laws related to intellectual property rights. This website, its contents and all related rights shall remain the exclusive property of “Photographer” or its licensors. No element or part of this website may be copied or retransmitted by any means. You agree to indemnify “Photographer” and its licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this agreement or your unauthorized use of the image(s) and related rights.