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1. RIGHTS: The material
is the property of SHOOTING STAR™ INTERNATIONAL PHOTO
AGENCY and our affiliated photographers. It is for lease
only. Only upon our receipt of your payment in full are you granted
one time, editorial, noncommercial, nonexclusive reproduction rights
(unless otherwise specified on the invoice). You do not acquire
any other right, title, or interest in or to the material, and will
not make, authorize or permit any additional use of the material
itself (and/or separations, photos, plates or digital files made
from it) in any medium or format (for example, but not limited to,
foreign editions, electronic media editions, Websites, derivations,
alterations, etc.). We do not have and do not give you commercial
rights (see #4).
2. RETURN:
a) TIME: You agree to return all material within
60 days of this memo's date unless otherwise indicated in writing.
Late returns will be subject to a holding fee of US $1.00 per piece
per day, plus a US $10 invoicing charge per invoice until the material
is safely returned to us. This is a rental fee and not a penalty.
b) METHOD: You agree to return the material to
us by bonded insured carrier at your expense. You agree to be responsible
for the material until we have signed for its receipt.
3. CREDITS: Photos, when used, shall bear a credit
line, "© [photographer's name]/ SHOOTING STAR™ printed
or displayed as close as practicable to the photos. If you omit
the credit line, you agree to pay a 50% surcharge. In the case of
television or motion picture use, you may include the credit line
in the opening or closing titles. You will provide copyright protection
to each photo and assign it without charge to us upon our request.
4. RELEASE: No model, commercial, or other releases
exist on any photo unless we specify in writing that they do. Unless
you get additional clearance from the appropriate parties, photos
may only be reproduced in media of news or educational value, including,
as examples, newspapers, periodicals, publications, motion pictures,
television programs, Websites, or other electronic media, but only
as news or educational subject matter. We do not have commercial-use
rights to the photos, or to the images of the persons and/or things
in them. Only the persons depicted or the owner of these things
can give you such commercial rights. You agree to indemnify SHOOTING
STAR™ against all claims arising out of the unauthorized use
of any photos, and to reimburse us for any damages, and indemnify
us against any and all judgments, costs or obligations.
5. PRODUCTION STILLS: You agree to use production
stills of movies, TV shows etc. only in direct connection with news
or educational coverage of those productions. You will credit the
studio that owns the material [e.g.: © XYZ Studio/Shooting
Star™]. The fee you pay us is only for our services as photo
researchers, for assembling, archiving and handling the studio's
material.
6. TERMS: By accepting this material you agree
to all the terms set forth here. You may not assign or transfer
this agreement to any other entity without written consent from
SHOOTING STAR™. You agree that these terms will bind for every
future delivery you receive from SSI even if it does not include
another copy of this memo.
7. TEARSHEETS: If photos are used in print or digital
hard copy, you will provide us with two tearsheets from or samples
of the publication containing our photos immediately upon publication.
If used in broadcast media, you will give us a written confirmation
log of times and duration of use.
8. TIME: Time is of the essence in return of photos
and payment of fees. Payment is due by the 10th of the following
month. After that, a service charge of 1.5% per month will be due
on unpaid balances plus a US $10 fee for each rebilling.
9. DISPUTES: If it becomes necessary to enforce
this agreement, the laws of the State of California, USA shall govern
it. You agree to pay all costs necessary to enforce this agreement,
including legal fees, lawyers fees, interest, any awards, penalties
and other costs.
10. TERRITORY: The materials are offered for use
only in the U.S.A. You may not move or transmit them out of the
U.S.A. or reproduce them in publications outside the U.S.A., unless
and until we allowed you in writing to do so. |
