Licensing Information & Terms of Use
Download a copy of the License Agreement here: RM_EULA.PDF
RIGHTS-MANAGED END USER LICENSE AGREEMENT
PLEASE READ the following Terms and Conditions prior to using any Marc Walker Photography Rights-Managed image(s). This End User License Agreement ("EULA") is a legal agreement made on the day of purchase between you and your company, firm or other organization ("you") and Marc Walker Photography (hereafter referred to as "MARC WALKER PHOTOGRAPHY"). If you are entering into this agreement on behalf of your employer, the license granted and restrictions and limitations recited herein apply to your employer, and to you as a representative of your employer. For each agreement, MARC WALKER PHOTOGRAPHY will issue a true and accurate license ("INVOICE") containing permission details and limitations on the rights to use the specified image(s) ("the Image(s)") therein, in reliance upon the accuracy of the information provided by you. By using any MARC WALKER PHOTOGRAPHY Rights-Managed image(s) you consent to be bound by the terms of this EULA.
1. Grant of License and Payment
Upon receipt of payment in full for the INVOICE, MARC WALKER PHOTOGRAPHY grants to you a non-exclusive, non-sublicenseable and non-assignable license to use and reproduce the Image(s) described on the INVOICE for rights strictly limited to the specific use, medium, period of time, print run, circulation, distribution, placement, size of image, territory and any other restrictions specified on the INVOICE. INVOICE rights do NOT include re-releases, subsequent or collective editions without first obtaining additional use rights. The terms specified on the INVOICE shall not be modified without the express written consent of MARC WALKER PHOTOGRAPHY. The INVOICE rights and the use of the Image(s) are subject to the following ("Prohibited Uses"):
• You may NOT sublicense, sell, rent, loan, assign, distribute, convey or transfer MARC WALKER PHOTOGRAPHY image(s) or any of its rights under this EULA. • You may NOT feature the Image(s) in a manner that would allow any third party to download, extract or access the Image(s) as a standalone file, whether online or not, including, without limitation, template works, software, services or products that are intended for reproduction by third parties on electronic or printed products, and online formats which enable it to be downloaded or distributed via mobile phone devices. • You may NOT use or reproduce the image for wall décor prints or interior decoration of a corporate, retail, public or private environment. Please contact MARC WALKER PHOTOGRAPHY for separate license and pricing. • You may NOT incorporate the Image(s) into a logo, trademark or service mark, unless specifically granted in the INVOICE. • You may NOT remove any forms of identification information, copyright, trademark or watermark invisibly embedded in the electronic files as is in the original image(s). • If the Image(s) are used for editorial purposes, you must include the following credit adjacent to the image: © Marc Walker Photography • If the Image(s) feature a model and are used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or (ii) if the depiction of the model in the image would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the image is being used for illustrative purposes only. • You may NOT reverse engineer, decompile, translate, or disassemble any part of the Image(s). • You may NOT use the Image(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, illegal, or other nature which could reasonably bring the photographer, MARC WALKER PHOTOGRAPHY, a person or property in the image to disrepute, whether by direct or in context or juxtaposition with other materials. • You may NOT use the Image(s) as part of any use involving sensitive subject matters, including, without limitation, sexual issues, sexual activity or sexual preferences, substance abuse, alcohol, tobacco, physical or mental ailments or abuse, or crime without advanced written consent from MARC WALKER PHOTOGRAPHY and any model in such image(s). Sensitive subject use pertains to both commercial and editorial uses. Model releases do not grant the right to use the Image(s) in any sensitive subject matters. You must abide by any restriction on use notified to you by MARC WALKER PHOTOGRAPHY before or at the time of delivery of the Image(s), either in the information accompanying the Image(s), the INVOICE or otherwise. You shall not undertake any expanded use of the Image(s) without the prior approval of MARC WALKER PHOTOGRAPHY and the payment of any additional use fees required by MARC WALKER PHOTOGRAPHY for such expanded use. You shall promptly notify MARC WALKER PHOTOGRAPHY of any expanded use of the Image(s) for which you have not received MARC WALKER PHOTOGRAPHY's prior approval, and shall pay to MARC WALKER PHOTOGRAPHY any additional usage fees required by MARC WALKER PHOTOGRAPHY for such expanded use. Any use not described in detail or beyond the scope of the INVOICE is a violation of U.S. copyright law. Any attempted deviation from the terms of the INVOICE and this EULA is a violation of this agreement and the copyright act and shall nullify MARC WALKER PHOTOGRAPHY's indemnity obligations, and the representations and warranties made by MARC WALKER PHOTOGRAPHY hereunder. Fees assessed for the Image(s) depend on the nature of your use of the Image(s) and may be calculated at a rate of up to TEN (10) time the normal license fee. You agree not to reproduce or use the High-Resolution image(s) in any manner including but not limited to layouts, photostats, scanning, digitalization or color separations until you first negotiate a use fee and pay our invoice for the uses you require. (Low-resolution images, including Thumbnails and Previews, may be used in materials for Test or Sample use ONLY, including Comps and Layouts.) • MARC WALKER PHOTOGRAPHY does not warrant the accuracy of the captioning, keywording, releases or any other information associated with the Image(s). You should make sure that you examine the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for reproduction.
Nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the Image(s). You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating, or distributing the Image(s). ABSOLUTELY NO RIGHTS GRANTED UNTIL PAYMENT IS RECEIVED IN FULL TO MARC WALKER PHOTOGRAPHY. Should you fail to pay our invoice, we will contact your end client to notify them they are in violation of the U.S. copyright law and proceed to recover license fees directly. In the event material from MARC WALKER PHOTOGRAPHY is published or used in any way without first obtaining a proper INVOICE for that use, MARC WALKER PHOTOGRAPHY may seek damages against you or the end user of the material. At its option, MARC WALKER PHOTOGRAPHY may issue a retroactive use license for material used without proper license in place prior to use. Retroactive use license fees will be assessed at a rate of up to ten times the normal use rate.
2. Overdue Invoices
Your use of the Image(s) is predicated on the payment in full for the use of the Image(s). Should you use an image(s) and not make full payment, you are in violation of U.S. copyright law and subject to penalties. In such a case, MARC WALKER PHOTOGRAPHY reserves the right, in its sole discretion, to revoke the license if payment is not made in full, and may use all legal means to collect damages. Unless you pay by Credit Card, all invoices are payable net thirty (30) days. A finance charge of 1.5% per month will be applied on any balances unpaid after thirty (30) days.
3. License Cancellation Fee
If MARC WALKER PHOTOGRAPHY receives your request in writing to cancel the License within seven (7) days of the date of downloading or otherwise taking delivery of the Image(s), MARC WALKER PHOTOGRAPHY may cancel this License Agreement and issue a credit to your account or credit card equal to one hundred percent (100%) of the License fee.
4. Additional Rights
If you are unsure of your usage rights under this agreement, or if you wish to use an image(s) in a manner not specified or permitted under this agreement, please contact MARC WALKER PHOTOGRAPHY by email at marc@marcwalker.com
5. Copyright
All images on this web site are copyrighted. MARC WALKER , who shot the Image(s), own all rights to the Image(s). All rights not specifically granted to you by the INVOICE are reserved. You agree to provide applicable copyright notice and/or protection of image(s)in your final product. You do not acquire any right, title or interest in or to any image(s) by the download of an image(s) or by the granting of the license to reproduce an image(s). No copyright material shall be removed from any digital file.
6. Photo Credit & Samples
The following credit line must appear adjacent to any licensed image(s) utilized in an editorial manner: Photo Credit: Marc Walker Unless otherwise agreed in writing, if any Licensed image(s) you reproduce for editorial purposes (i.e., for any non-promotional purpose) omits the credit line specified above, or any other credit line specified by MARC WALKER PHOTOGRAPHY, the use fee will be doubled. You must register copyright in their name to afford protection to the photograph. Such copyright shall be immediately reassigned to MARC WALKER PHOTOGRAPHY upon request, without charge. No photo credit is needed when used for advertising purposes. You agree to provide MARC WALKER PHOTOGRAPHY with two copies of reproductions produced. It is agreed that MARC WALKER PHOTOGRAPHY may use and publish the samples provided for its own self-promotion.
7. Warranty and Limitation of Liability
The representations and warranties of MARC WALKER PHOTOGRAPHY made herein will have no force or effect if the licensed image(s) are used by you in any manner not specifically authorized in this agreement or you are otherwise in breach of this agreement. MARC WALKER PHOTOGRAPHY warrants to you that the digital or analog copy of the Licensed image(s) in the form downloaded by you or delivered by MARC WALKER PHOTOGRAPHY by any means to you will be free from defects in material and workmanship (not including "artifacts" or other flaws inherent in prints of the particular vintage) for thirty (30) days from the date of delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital or analog copy of the Licensed Material or refund of the License fee paid by you, at MARC WALKER PHOTOGRAPHY's option. MARC WALKER PHOTOGRAPHY makes no representation of warranty, either express or implied, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, non-infringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. Without limiting the foregoing, MARC WALKER PHOTOGRAPHY gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any picture, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured. MARC WALKER PHOTOGRAPHY has identified the caption for each image to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information. MARC WALKER PHOTOGRAPHY makes no representation or warranties as to the accuracy of the content, or that the use of the site will be uninterrupted or error free. The use of this site is at your own risk. You may have additional rights under some state laws. Under no circumstances will MARC WALKER PHOTOGRAPHY, its directors, officers, employees, partners or agents or the owner of the images be liable to you for any direct, incidental, consequential, indirect or punitive damages as a result of the use of this web site or from your access or use of the images on this web site. In any event, the limit of liability of the copyright owner of the image and of MARC WALKER PHOTOGRAPHY shall be the fee paid to MARC WALKER PHOTOGRAPHY for the Image(s). All rights not specifically granted herein to you are reserved for MARC WALKER PHOTOGRAPHY's use and disposition without any limitations whatsoever.
8. Indemnification
You agree to indemnify and to hold MARC WALKER PHOTOGRAPHY, its officers, directors, employees, photographers and agents harmless from any claims, liabilities, losses and damages (including reasonable attorney's fees and expenses) arising from any use or reproduction of the Image(s) and/or use of this web site.
9. Condition of Licensed Image(s)
You are responsible for examining all licensed image(s) for possible defects prior to reproduction. MARC WALKER PHOTOGRAPHY shall not be liable for any loss or damage suffered by you or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed image(s) or its caption or in any way from its reproduction.
10. Releases
Images marked "MR" and/or "PR" are released. However, no model releases or other releases exist on any Images unless the existence of such release is specified in writing by MARC WALKER PHOTOGRAPHY. Always double check with us. You shall indemnify MARC WALKER PHOTOGRAPHY against all claims arising out of the use of any Images where the existence of such release has not been specified in writing by MARC WALKER PHOTOGRAPHY. In any event, the limit of liability of MARC WALKER PHOTOGRAPHY shall be the sum paid to it per the invoice for the use of the particular photograph involved. MARC WALKER PHOTOGRAPHY does not purport to own the copyright to any historical images it provides and that the user is responsible for obtaining any necessary permissions.
11. Use of Images
No images from this web site may be used in connection with any potentially sensitive issue including, but not limited to sex, sexual preference, pornography, diseases of any kind, drug or alcohol abuse, domestic violence, mental or physical abuse, substance abuse, alcohol, tobacco products, pregnancy, birth control, physical or mental challenges, homelessness, political campaigns, plastic or cosmetic surgery or possible defamation or disparagement of character or product, without obtaining prior written consent from MARC WALKER PHOTOGRAPHY. You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity.
12. Electronic Delivery and Storage
For all licensed image(s) that you take delivery via download, you must provide the copyright symbol, our company name, MARC WALKER PHOTOGRAPHY, and the Image Identification Number as part of the electronic file. In addition, you may only use a single copy of the Image(s) on a single computer. You may only download the Image(s) onto one (1) computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the Image(s) for any purpose except as otherwise provided in this agreement and the Invoice/Copyright License. Notwithstanding the foregoing, you shall be allowed to make one (1) backup copy for security reasons only. You may not use the Image(s) on any image storage jukebox, network configuration or similar computer network arrangement. Upon the expiration of the License or earlier termination of this agreement, any and all digital files which we supplied or you have created and stored in ANY format including but not limited to hard disk, tape, optical disk, CD-ROM, floppy disk or other media MUST BE DESTROYED from your computer or other electronic storage system. unless you plan to re-license use of the image, in which case you must notify us immediately for a fee reassessment. Should MARC WALKER PHOTOGRAPHY deliver to you digital files of our images, the delivery of those digital files is solely an accommodation to our clients. MARC WALKER PHOTOGRAPHY does not warrant that the digital delivery will be on a timely basis, uninterrupted, error free or compatible with a client's particular system. MARC WALKER PHOTOGRAPHY makes no warranty, either express or implied, including without limitation, any implied warranties of merchantability or fitness for a particular purpose. In no event shall MARC WALKER PHOTOGRAPHY be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the digital delivery of any image or otherwise.
13. Miscellaneous Terms
This agreement incorporates the entire understanding of the parties concerning the subject matter contained herein. No variation of any of the terms in this agreement shall be effective unless agreed to in writing by an authorized representative of MARC WALKER PHOTOGRAPHY (Licensor) and you (Licensee). No part of the content of MARC WALKER PHOTOGRAPHY’s catalogs or other advertising materials shall form a part of this agreement. No action of MARC WALKER PHOTOGRAPHY, other than an express written waiver, may be construed as a waiver of any term of this agreement. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion. Should any clause of this agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order sent by you, the terms of this agreement shall govern. The interpretation of this agreement shall be governed by the laws of the State of Hawaii, United States of America. Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in Honolulu, Hawaii pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Hawaii. If recipient of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said recipient expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. Copyright claims shall be brought in the Federal Court having jurisdiction. If MARC WALKER PHOTOGRAPHY is caused to present claims or suit to you as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein.