Each image on this Website is individually
copyrighted by the applicable photographer or rightsholder and the
Website itself is copyrighted by A-Frame Media. All rights are reserved
by the respective copyright owners. No image (nor the Website itself
or any material portion of any image or of the Website) may be reproduced,
downloaded into permanent storage, or otherwise used in any way whatsoever
(including in paper form or by electronic or digital means) without
the prior written consent of the copyright owner or his/her/its agent.
For your information, A-Frame Media acts as a licensing agent for
each of the images on this Website and we welcome inquiries about
licensing the images found here.
To contact A-Frame Photo, please call 949-361-4879, or send an email
and Conditions for A-Frame Photo Image License
1. Licenses are granted by A-Frame Photo, as agent for
the Rightsholder identified on the invoice confirmation (the "Rightsholder").
"Image", as used herein, generally means a representation
of one or more persons, objects or scenes or any combination thereof
as interpreted by the Rightsholder, captured or stored in any photographic,
digital, magnetic, optical or other medium, and specifically means the
Image(s) described on the usage confirmation. The provisions of the
usage confirmation, together with these Terms and Conditions, constitute
a binding agreement between User and A-Frame Photo. User shall be deemed
to have accepted and agreed to all of these Terms and Conditions if
User uses the Image in any fashion.
2. All Images and rights therein, including copyright rights, remain
the sole and exclusive property of the Rightsholder. The license created
by the exchange of a copy of the Image(s) under these Terms and Conditions
and of payment by User of the full amount set forth on the invoice confirmation
conveys no rights to User in the Images, except as expressly set forth
on the invoice confirmation. No license is granted hereunder until complete
payment of the amount specified on the invoice confirmation is received
from User. Unless otherwise provided on the usage confirmation, any
grant of rights to User is "one-time", is non-exclusive and
non-transferable and is limited to use outlined in usage agreement.
Upon the completion of the licensed use, User shall return the Image
or other physical medium containing the Image(s) to A-Frame Photo or,
at A-Frame Photo's option, shall destroy such medium and certify such
destruction to A-Frame Photo. A-Frame Photo will accept returns of Images
at any time. All rights not expressly granted are reserved; any license
granted is further limited as set forth in any restrictions included
on the invoice and or usage confirmation.
3. Use of proper copyright notice (photo credit) for an Image is required
as a condition of any license granted under this A-Frame Photo licensing
program in accordance with the following standards: (a) where the Image
is used substantially alone (common examples: wall calendar, greeting
card cover), proper copyright notice (reading: "© 20__ [Rightsholder's
name]/A-Frame") must be displayed near the Image in a type size
large enough to be read under ordinary circumstances; (b) where the
material in which the Image is used contains other creators' credits
or copyright notices (common examples: books with named authors, periodicals
containing bylined articles), proper copyright notice (reading: "©
20__ [Rightsholder's name] /A-Frame") must be displayed either
near the image in a type size no smaller than the smallest typeface
in the adjacent text or together with all other applicable creators'
credits or copyright notices in a single place in the overall work;
and (c) pages of advertising and other circumstances where the material
in which the Image is used contains no other creators' credits or copyright
notices (common examples: point-of-purchase display, billboard), proper
copyright notice in the above form is requested but not required. Failure
to include any required notice results in loss to the Rightsholder and
to A-Frame Photo, and User hereby agrees to pay liquidated damages for
each such failure equal to twice the use fee charged for the applicable
transaction, in addition to the use fee itself and any other applicable
fees and charges.
4. User may not make or permit any alterations, including without limitation
additions, subtractions or adaptations, to any Image, except that cropping,
and alterations of contrast, brightness and color balance, consistent
with reproduction needs, may be made. No Image may be used in any way
that is defamatory, violates the rights of third parties (including
such third parties' rights of copyright, privacy, publicity, or other
tangible or intangible property), or is otherwise illegal or obscene.
In addition, User may not conjoin an Image with any other material that
may result in damage to the reputation of the Rightsholder.
5. User agrees to inform A-Frame Photo if it becomes aware of any infringement
of any rights in an Image and to cooperate with any reasonable request
of A-Frame Photo or the Rightsholder in connection therewith.
6. User hereby indemnifies and agrees to defend the Rightsholder and
A-Frame Photo, and their respective employees and directors, against
all claims, liability, damages, costs and expenses, including legal
fees and expenses, arising out of any use of an Image for which no model
or other release was furnished to User, any use of an Image beyond the
scope of the rights granted herein, or any use of an Image which has
been altered in any way by User, including claims for defamation or
infringement of rights of copyright, publicity, privacy or other tangible
or intangible property. Unless furnished in advance or pursuant to a
special request to A-Frame Photo (for which separate compensation may
be required), no release exists.
7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL A-Frame Photo
OR THE RIGHTSHOLDER BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL
OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS
OF BUSINESS PROFITS OR INFORMATION, OR FOR BUSINESS INTERRUPTION) ARISING
OUT OF (i) THE USE OR INABILITY TO USE AN IMAGE OR (ii) THE INABILITY
TO OBTAIN ADDITIONAL RIGHTS TO THE IMAGES (SUCH AS ADDITIONAL RELEASES),
EVEN IF ANY ONE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In any event, the total liability of the Rightsholder and A-Frame
Photo (including their respective employees and directors) shall not
exceed the total amount actually paid by User under the invoice/credit
card confirmation. User assumes full liability for the actions and omissions
of its principals, employees, agents, affiliates, successors and assigns.
8. WARRANTIES. THE IMAGES ARE PROVIDED "AS IS". A-FRAME PHOTO
HAS THE RIGHT TO GRANT TO USER THE RIGHTS DESCRIBED ON THE INVOICE/USAGE
CONFIRMATION. A-FRAME PHOTO AND THE RIGHTSHOLDER DISCLAIM ALL OTHER
WARRANTIES RELATING TO THE IMAGES, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. ADDITIONAL RIGHTS MAY BE REQUIRED TO USE AN
IMAGE IN A MANNER CONTEMPLATED BY USER (SUCH AS MODEL OR PROPERTY RELEASES);
USER UNDERSTANDS AND AGREES THAT A-FRAME PHOTO MAY NOT HAVE SUCH ADDITIONAL
RIGHTS TO GRANT.
9. The licensing transaction described on the invoice/usage confirmation
is personal to User. Therefore, User may not assign or transfer this
Agreement or any rights granted hereunder; provided, however, that User
and its principals, employees, agents and affiliates are jointly and
severally liable for the performance of all payments and other obligations
hereunder. No amendment or waiver of any terms is binding unless set
forth in writing and signed by the parties.
10. The Rightsholder and A-Frame Photo hereby object to any terms contained
in any writing prepared by the User or its principals, employees, agents
or affiliates and purporting to govern or otherwise relate to the licensing
transaction described on the invoice/usage confirmation, which terms
are in any way inconsistent with any terms set forth on the invoice/usage
confirmation, in these Terms and Conditions, or in A-Frame Photo's standard
operating procedures, whether such writing is prepared prior to, simultaneously
with or subsequent to the invoice/credit card confirmation, and whether
such writing appears on the invoice/usage confirmation or in a separate
instrument, unless such writing is countersigned by A-Frame Photo.
11. Any failure by User to pay any amount when due, or any use by User
of an Image beyond the scope of the license set forth on the invoice/usage
confirmation, shall be a material breach of this Agreement. Any breach
not cured within ten (10) days of notice thereof shall result in immediate
termination of such license and this Agreement without further notice.
Invoices are due and payable upon receipt. Any unauthorized use of an
Image that is terminated immediately upon notice thereof may be liquidated
by payment of the Rightsholder's ordinary license price therefore; any
unauthorized use that is not terminated immediately for any reason (including,
for example, because materials containing the Image cannot reasonably
be recalled) will be subject to all remedies available at law or in
equity, but in no event to a payment of less than three times the Rightsholder's
ordinary license price for such use.
12. This Agreement and the licensing transaction described on the invoice/usage
confirmation shall be governed by and construed under the law of the
State of California, USA, without regard to the principles thereof of
conflicts of law. Any case, controversy, suit, action, or proceeding
arising out of, in connection with, or related to this Agreement or
such licensing transaction shall be brought, at A-Frame Photo's sole
discretion, in any federal or state court located in the County of Orange,
State of California, USA, or in any national, federal, state or provincial
court whose geographical jurisdiction covers the location of the Rightsholder
set forth on the invoice/usage confirmation. The parties expressly submit
to the personal jurisdiction and venue of each such court.