TERMS OF SERVICE - PHOTOGRAPHY LICENSING TERMS AGREEMENT

 

This Photography Licensing Terms Agreement ("Agreement") is made effective as of the date the formatted pictures are sent to the person requested the Pic-4-cause service hereinafter referred to as "Contact"., and Ocean-Action, hereinafter referred to as "Photographer".

 

1. Scope of Work The Photographer agrees to provide the Contact with an agreed number of high-resolution digital images ("Images") as described in the attached Exhibit A, which is part of this Agreement.

2. Grant of License The Photographer hereby grants to the Contact a non-exclusive, local, perpetual license to use the Images for the exclusive following purposes:

  • Personal use, for print

  • Limited Commercial use as agreed in specific discussion (print of Images displayed within professional environments and business office, etc.)

  • The Images can be incorporated in the Contact website, and social media with clear mention of credits to the Photographer, and without modified compressed files which will not allow prints.

3. Restrictions Unless otherwise agreed in writing, the Contact shall not:

  • Sub-license, sell, rent, lend, or otherwise distribute the Images to third parties.

  • Use the Images in any manner that is considered defamatory, libelous, obscene, or illegal.

  • Alter or modify the Images without the Photographer's prior written consent.

4. Credit and Moral Rights

  • The Contact agrees to provide credit to the Photographer in a manner agreed upon by both parties for any use of the Images that could be is public in nature (use and display in business or commercial offices.

  • The Photographer asserts their moral right to be identified as the author of the Images and will not be associated with any work or derivative thereof in a manner that is prejudicial to the Photographer's honor or reputation.

5. Fees and Payment

  • Up to two Images are released without any payment to the Photographers but after proof of a minimum 50$ or equivalent value donation to NGOs or associations names provided by the Photographer.

  • The Contact agrees to make the donation to the organizations listed on www.ocean-action.com for the use of the Images as specified in this Agreement.

  • Payment shall be made to the organization before the Images are released.

  • If more than two Images are required, the Contact and the Photographer will agree on a higher payment to one or more organizations and NGOs

6. Term of Service

·      The Photographers reserve the right to refuse service to anyone for any reason at any time. 

·      The Contact agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by the Photographer. 

·      The Photographer is not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Photographer reserve the right to modify the contents of this site at any time, but has no obligation to update any information on the web site.

·      The Photographer may provide the Contact with recommendation and access to third-party tools or services, over which the Photographer neither monitor nor have any control nor input. The Photographer shall have no liability whatsoever arising from or relating to your use of optional third-party tools, links, or services. 

·      The Photographer is not liable for any harm or damages related to the free release of the Images nor to any use of services, use of goods, resources, content, or any other transactions made in connection with any third-party websites mentioned on the Photographer web site. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party

7. Term and Termination

  • This Agreement is effective from the date the Images files are sent to the Contact by the Photographer, and shall continue in effect, unless terminated earlier in common agreement by both parties.

  • Upon termination, the Contact must cease all use of the Images and delete or return all copies of the Images to the Photographer.

8. Indemnification The Contact agrees to indemnify, defend, and hold harmless the Photographer from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of the use of the Images not in accordance with this Agreement.

9. Governing Law This Agreement shall be governed by the laws of New York State, USA. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New York State, USA.

10. Personal information This Agreement is private between the Contact and the Photographer. The Photographer will not share, distribute, or communicate personal details from the Contact. The Contact can provide feedback on the service that the Photographer can share in the testimonial. The name can be made private and last name will not be shared.

11. Indemnification The Contact agrees to indemnify, defend and hold harmless Ocean-action and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of the Contact breach of these Terms or your violation of any law or the rights of a third-party. 

12. Entire Agreement This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements and understandings, whether written or oral.

13. Amendment No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.

14. Acknowledgment By entering into the discussion of pic-4-cause, both parties acknowledge they have read, understood, and agree to the terms of this Agreement.

 

 

Exhibit A: Description of Images

The images proposed on Ocean-action.com are taken with high mega pixel camera (20Mpx) and should be easily printed in large (150x60cm) format.

The Images files will be released primarily as jpg format with possibly multiple variants to fit type of printing (standard, glossy, brilliant). Other format could be used if possible and requested by the Contact.

The Photographer cannot be taken responsible if the prints, which are handle by third parties do not meet the original Contact’s expectations as there could always be differences in rendering between computer displayed images and prints. The Photographer will do his best to provide Images files fitted to specific prints expectations and may advice for specific printing approaches.