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JBG Photo - Terms & Conditions
This website is owned and operated by JBG Photo. The content of the website is protected by copyright and other intellectual property law. Copyrights to the individual photographs are owned by the identified photographers and JBG Photo has the exclusive right to license the use of these photographs to third parties. Licensing of images to clients is subject to a separate written agreement between JBG Photo and client and payment in full of the agreed-upon fee which shall be based upon the stated use. By using this site, you agree to all terms and conditions of website use:
1. This is a legal contract between you and JBG Photo. You represent that you are at least eighteen years of age and able to enter into this contract. If you are obtaining reproduction rights on behalf of a company or another party, you represent that you have the authority and the right to bind the company or that other party to the terms contained in this agreement. JBG reserves the right to hold you jointly and severally responsible with any company or third party for any violation of the terms of this agreement. JBGPhoto reserves the right to alter, modify, or update these terms of use at any time and you agree to be bound by such modification, alteration or update.
2. The purpose of this website is to permit clients to preview images for licensing. No image may be copied, downloaded, linked-to, framed, or otherwise used without the execution of a separate licensing agreement and payment in full of the agreed-upon fee. Image files will be sent to you by the latest file transfer technology available on this site after execution of a licensing agreement.
3. You agree to destroy any licensed image files following the use of the image as specified in the separate agreement.
4. Use of the image beyond the terms of the limited license agreement without first obtaining an addition license, including any electronic reproduction or promotional rights, is strictly forbidden and will be treated as copyright infringement and/or a breach of contract to the full extent of the law.
5. You agree to credit each image in the manner specified by JBG Photo or to pay damages equal to 100% of the original fee for failure to properly credit photographs.
6. You agree to send two (2) tear sheets or screen-shots (or applicable media) of each use of images to JBG Photo within 60 days of use.
7. You agree that JBG Photo images will not be altered or manipulated in any way other than cropping to fit space unless disclosed and agreed to in writing by JBG
Photo in advance of use.
8. You understand and agree that no image on the JBG Photo website or in the archive is model-released, except the ones clearly identified. It is your responsibility to obtain any releases from the subjects and/or owners of any property, trademarks or other intellectual property rights which may appear in the photographs.
9. Disclaimers
a. This website and its content are provided "as is" and JBG Photo makes no representations or warranties of any kind, either express or implied, about its images or website including, without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible under applicable law.
b. While JBG Photo uses reasonable efforts to ensure the accuracy of all content, it makes no representations or warranties as to the accuracy, correctness or reliability of the content. In addition, JBGPhoto is unable to make representations or warranties as to the functionality of this website, whether it is free of errors, and whether the server hosting the website is free of viruses and other harmful material. Accordingly, you acknowledge and agree that your use of this website is at your own risk.
c. JBG Photo, and its officers, directors, employees, subsidiaries, affiliates, licensors and representatives, will not be responsible or liable for any damages of any kind, including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or of the content or images.
10. In the event that you reproduce, display, transmit, distribute or otherwise exploit content, images, or any portion thereof, without a license from JBG Photo
to do so, or if you otherwise infringe on any intellectual property rights relating to content, images, or to this website, or if you use the images in a defamatory manner or in a way which violates the privacy or publicity rights of the subject, you agree to indemnify and hold JBG Photo, its subsidiaries, affiliates, licensors, representatives, and individual photographers, harmless against any losses, expenses, costs or damages, including reasonable attorneys fees, incurred by them as a result of unauthorized use of the content or images and/or your breach of the terms of this agreement.
11. While you will be asked to provide certain information about yourself in connection with licensing reproduction rights to our images, we will only use this information in granting licenses to you. We may also send you by e-mail or otherwise information about new products, services or other promotions, which may be of interest to you. If you do not wish to receive this information, you may either modify your registration or account profile or contact us. JBG Photo does not share any information you provide us with anyone other than JGB Photo's subsidiaries, affiliates and as may be necessary for payment processing.
12. You understand and agree that this contract shall be controlled by and construed under the laws of the State of California, USA, applicable to contracts made and fully performed in California and to applicable Federal intellectual property law and that venue and jurisdiction shall be the applicable Federal or state court in the County of Los Angeles, California.
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