Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS FOR THE DELIVERY AND USE OF PICTURES CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOUNTAIN LIGHT PHOTOGRAPHY ("WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DISCONTINUE USING THE SITE.
If you are under eighteen (18) years of age, you must have parental consent before ordering any photograph or image on this site.
OWNERSHIP OF THIS WEBSITE: This website is owned and operated by Mountain Light Photography. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Mountain Light Photography, or its licensors, clients and content providers. All elements of the Mountain Light Photography website, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Mountain Light Photography or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Mountain Light Photography or its licensors unless otherwise expressly agreed. You shall indemnify Mountain Light Photography, its subsidiaries, its affiliates and 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 Content and related rights. "Mountain Light Photography ", and the Mountain Light Photography logo are trademarks of Mountain Light Photography and may be registered in some countries. "Independent Photography Network," and Independent Photography Network logo are trademarks of VNU eMedia, Inc. and may be registered in some countries.
DEFINITIONS: In these Terms and Conditions the following definitions apply: (ML) means Mountain Light Photography, Inc. (The Client) means the party to whom ML has addressed this document or, in the case of a document with more than one name and address, the party designated as "client" on its face. (Submission) means the delivery of pictures in physical, electronic, or other form to The Client by any method. (Picture) includes a photograph, transparency, negative, image on computer, video or laser disc, or on magnetic tape or transmitted electronically in digital form or stored in a retrieval system, or any other item which ML may offer for the purpose of reproduction. (Agreement) means the client's agreement to these terms and conditions whether specifically agreed or arising from the retention of the pictures. (Rights Advice) is a document issued by ML to the client granting limited reproduction rights of specified pictures. (Reproduction) includes any form of copying or publication of the whole or part of any picture whether by printing, photography, slide projection (whether or not to an audience), by electronic, digital or mechanical means, in a layout or presentation, by use as reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any picture (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image may not to a reasonable person to be derived from the original image. (Due Date) is the date by which any picture supplied by ML must be returned to ML as specified on ML's Submission Letter, Rights Advice or as revised by notice in writing by ML.
IMAGE LICENSING: Mountain Light Photography grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images on this website and any authorized derivatives or copies thereof (collectively the "Images") solely for evaluation purposes, to test or sample the Images, including using the Images in comps, rough or draft layouts, or for demonstration to your clients but only when in a non-commercial manner.
Rates and rights must be negotiated before use, other than those uses described above. Unless otherwise agreed in writing, all pictures reproduced editorially by the Client must be accompanied by the credit line "Galen Rowell (or Barbara Cushman Rowell) / Mountain Light" or any other credit line as specified by ML. Failure to print credit or wrong credit will result in an additional reproduction fee equal to 100% of the original amount invoiced and shall be payable by the Client. Copyright protection shall be given by the Client to any images received from ML and reproduced by the Client. Such copyright shall be immediately assigned to ML upon request.
Notwithstanding the License Grant above, you may not: Sublicense, re-license, rent or lease any of the Images; Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Mountain Light Photography; Use any of the Images for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner; Use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Mountain Light Photography in any manner; Use an Image in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the Image; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
Until ML has issued its Rights Advice and its corresponding invoice to the Client for the reproduction fee, neither party is committed to grant or to acquire any reproduction rights in any picture. The Client has the right to reproduce a picture only when ML's invoices relating to the license of rights is fully paid. Any reproduction before full payment of the invoice constitutes an infringement of rights and a breach of the Agreement entitling ML to rescind this Agreement and rendering the Client liable for payment of damages.
If any of ML's invoices is not paid in full within 30 days of the invoice date, ML may make a service charge of one and one half per cent ( 1-1/2 %) per month, or such lesser sum as is allowed under law, on any unpaid balance and/or (in the case of an invoice for reproduction rights) ML may rescind its Rights Advice and recover damages. In either event the Client shall on request pay all costs and charges reasonably incurred in recovering any damages or overdue sums.
ML's grant of license for reproduction rights to the Client are strictly limited to the use, medium, period of time and territory specified on ML's Rights Advice. ML's license to use a picture on or in a product does not grant the right to use that picture in any manner, directly or indirectly (such as in any photograph or illustration of such product), in the advertising of such product unless such right is specifically granted. Reproduction rights are not granted exclusively to the Client except when such exclusivity is expressly specified on the Rights Advice. Reproduction rights granted may not be assigned. They are personal to the Client. Any picture submitted to the Client may not be loaned or transferred to third parties except for the purpose of reproduction by the Client as authorized by ML's Rights Advice.
If the Client requests in writing a cancellation of the Rights Advice within 30 days of the date of issue, ML may at its discretion cancel the license to use. Cancellation requests are subject to a cancellation fee equal to 50% of the reproduction fee.
The Client agrees to indemnify and hold ML harmless against claims of damages or loss or any costs arising in any manner whatsoever from the unauthorized use of any picture supplied to the Client.
While ML takes all reasonable care in the performance of this Agreement generally, ML shall not be liable for any loss or damage suffered by the Client or by any third party arising from any defect in any picture or its caption or in any way from its reproduction.
MODEL RELEASES: No valid model release or other valid release exists for any photograph unless the existence of such release is specified in writing in a letter from ML. The Client shall indemnify ML and hold ML harmless against all claims arising out of the use of any photograph where the validity and existence of such a release has not been expressly specified in writing by ML. Notes and abbreviations on picture mounts or labels are not intended as indicators of the existence of model or any other releases. ML gives no rights or warranties with regard to the use of names, trademarks, registered or copyright designs or works of art depicted in any picture and the Client must satisfy himself that all the necessary rights or consents as may be required for reproduction are obtained. The Client shall indemnify ML and hold ML harmless against all claims with respect to pictures which have been reproduced without effective releases, rights, or consents.
IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED.
If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative purposes only.
- Email –- If you have provided us your email address, Mountain Light Photography periodically sends promotional emails to its subscribers about services offered by Mountain Light Photography and its partners. If you do not wish to receive email information from Mountain Light Photography or its partners, please let us know by emailing us at: firstname.lastname@example.org or by writing us at Mountain Light Photography, 106 S. Main Street, Bishop, CA 93514.
DISCLAIMERS: THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND MOUNTAIN LIGHT PHOTOGRAPHY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. MOUNTAIN LIGHT PHOTOGRAPHY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. MOUNTAIN LIGHT PHOTOGRAPHY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR SHALL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE.
GOVERNING LAW AND VENUE: Time is of the essence in the performance by the Client of its obligations for payments and return of photographs hereunder. Client agrees that the above terms are made pursuant to Article 2 of the Uniform Commercial Code and agrees to be bound by same. If ML is caused to present claims or suit as a result of any breach of these terms, it shall be made whole for such reasonable legal fees and costs by the Client or user herein. All disputes arising out of or in connection with this agreement, including without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Inyo County, California, pursuant to the rules of the American Arbitration Association. Judgment on the Arbitration award may be entered on the highest Federal or State Court having jurisdiction. Any dispute involving $1500.00 or less may be submitted, without arbitration, to any Court having jurisdiction thereof. Client shall pay all arbitration and Court costs, reasonable Attorneys' fees plus legal interest on any award or judgment. No variation of these Terms shall be effective unless agreed in writing by ML and the Client. The terms contained herein supersede any and all terms on the Client's purchase order. No action of ML other than an express written waiver may be construed as a waiver of any clause of this contract. In the event that ML waives any specific part of this contract it does not mean that any other part is waived. Should any paragraph of this agreement be found unenforceable, that will not affect any of the other paragraphs and they will remain in full force and effect. In the event of any inconsistency between the printed terms contained herein and the typed terms on the front side of this document, the terms on the front shall govern.
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