eisforeveryone.com Website Photo Library
PHOTOGRAPHY LICENSING AGREEMENT
This Photography Licensing Agreement ( “AGREEMENT”) is entered into based on the effective date of each download and is between Evansville Branding (PHOTOGRAPHER) and the user as signed into eisforeveryone.com Photo Library (USER).
Scope of this Agreement. This Agreement applies to any image, graphics, digital assets, or digital images created or taken by PHOTOGRAPHER and delivered to the USER (collectively known as “IMAGES”) through the eisforeveryone.com website. 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 the “PHOTOGRAPHER”. This license provides the “USER” with the limited right to reproduce, publicly display, and distribute the Images for the express purpose of promoting the City of Evansville, the County of Vanderburgh and the adjoining counties of Warrick, Posey, and Gibson Counties in the State of Indiana. Images used for any purpose not directly related outside of those express purposes must be with the express permission of “PHOTOGRAPHER” 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 the “PHOTOGRAPHER” 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 “USER” will be responsible to the “PHOTOGRAPHER” for any penalties and awards available under that statute.
Relationship of the Parties: The parties agree that “PHOTOGRAPHER” is an independent contractor and that neither “PHOTOGRAPHER” nor “PHOTOGRAPHER” employees or contract personnel are, or shall be deemed to be, employees of “USER”. 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. “PHOTOGRAPHER” and the Images or any other deliverables prepared by “PHOTOGRAPHER” shall not be deemed a work for hire as defined under Copyright Law. All rights granted to “USER” 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 “PHOTOGRAPHER” and the “USER” has no right to control “PHOTOGRAPHER’S” manner and method of performance under this Agreement.
Delivery: “PHOTOGRAPHER” may select delivery of photographs in JPEG, TIFF, PNG, or any other standard formats at a resolution that “PHOTOGRAPHER” determines will be suitable for the Images. “PHOTOGRAPHER” will in no event be liable for poor reproduction quality, delays, or consequential damages. “PHOTOGRAPHER” is not responsible for providing images in any specified dpi or in any specified format. The “PHOTOGRAPHER” maintains the full rights to add, edit or delete images from the photo library at any time.
Fees: The images on this library will be made available for authorized “USERS” of this website at no charge so long as all provisions of this agreement is adhered to.
Cancellation: “PHOTOGRAPHER” has the right to add, edit and/or delete any image on this photo library at any time with no notice to the “USER”.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. “USER” is free to engage others to perform services of the same or similar nature to those provided by “PHOTOGRAPHER”, and “PHOTOGRAPHER” shall be entitled to offer and provide services to others, solicit other clients and otherwise advertise the services offered by “PHOTOGRAPHER”. The images provided within this photo library shall at no time provide the “USER” with any exclusivity rights.
Transfer and Assignment: “USER” 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 all authorized parties.
Indemnification: “USER” will indemnify and defend “PHOTOGRAPHER” 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 “USER”.
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 of Indiana. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in Vanderburgh County, Indiana, 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 attorneys’ 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 all authorized 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.
Attribution: Use of images should include credit to “PHOTOGRAPHER”.
Additional Provisions: As the “PHOTOGRAPHER” maintains all rights to the images posted in this photo library per this agreement, the “USER” agrees not to sell and/or distribute any of these images and that uses will be limited only to those outlined in the rights section of this agreement.