Exclusive Stock Photography Terms & Conditions
By purchasing one or more photographs (the “Image”) from the website, [www.PassionPages.net] ), you (“You” or the “Licensee”) understand and agree to the terms and conditions as follows:
1. The License. As of the first date of delivery of the Image to you, Passion Pages LLC (“Passion Pages” or the “Licensor”) grants you an exclusive, non-transferable, non-sublicensable, royalty-free lifetime and restricted use of the Image for the following purposes (together the “Permitted Uses”) associated with only one fictional romance book title (“Book”):
i. Cover art for one Book;
ii. Print publications and physical products directly related to the Book;
iii. Electronic publications, including website design directly related to the Book; and
iv. Any other uses for the Image approved by Passion Pages in writing.
Your use of the Image is exclusive to the You [for a period of X years or in perpetuity]. During the license period Passion Pages shall not sell, license, or distribute the Image purchased by You to any other party. However, Passion Pages may continue to display Image in Passion Pages’ electronic or physical portfolio and its business channels, including all social media platforms, and its website.
2. Exclusive Ownership. Passion Pages owns all right, title, and interest to the Image(s) at all times.
3. Artistic Credit. You may not falsely represent that you are the original creator of the Image. You agree to attribute Passion Pages any time an Image is displayed for public viewing by you. This includes, but is not limited to, crediting Passion Pages in your fictional romance book’s copyright page and the publisher’s website as: “© Annie Ray/ Passion Pages”. Other uses of the Images will credit Passion Pages when feasible in your reasonable discretion. When reasonably possible, you will include a link to Passion Pages’ website at [www.PassionPages.net].
4. No Transfers. You shall not transfer or assign the License to any other party and specifically including any other publisher without Passion Page’s written consent, which may be withheld at its sole discretion. You understand and agrees that in the event you sell, transfer or assign any books that contain the use of the Image(s), your assignee must seek its own license from Passion Pages for its use of the Images.
5. Prohibited Uses. Under no circumstance may you use, or allow any other party to use, the Image(s) in a pornographic, libelous, obscene, defamatory, or otherwise illegal manner. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
6. Modifications. You may manipulate the Image, including display of the Image in composite or distorted character or form, or alteration as to color, size, shape, perspective, context, foreground and background, for use in your Book and/or the marketing, advertising, merchandising, promotion and sale of same.
7.No Additional Titles. Each Image shall only be used by you in association with one SINGLE BOOK TITLE only. If you desire to use an Image for more than one SINGLE BOOK TITLE you agree to purchase of an additional license from Passion Pages.
8. No Use in Trademark or Logo. You may not use the Image as part of a trademark, design mark, service mark, or logo
9. ENFORCEMENT; DAMAGES.
ANY USE OF IMAGE IN A MANNER NOT EXPRESSLY AUTHORIZED UNDER THIS AGREEMENT OR IN BREACH OF A TERM OF THIS AGREEMENT CONSTITUTES COPYRIGHT INFRINGEMENT, ENTITLING PASSION PAGES TO EXERCISE ALL RIGHTS AND REMEDIES PERMITTED UNDER THE UNITED STATES COPYRIGHT ACT. YOU UNDERSTAND AND AGREE THAT YOU SHALL BE RESPONSIBLE FOR ANY COSTS AND DAMAGES INCURRED BY PASSION PAGES RESULTING FROM ANY SUCH COPYRIGHT INFRINGEMENT OR BREACH OF THIS AGREEMENT, INCLUDING ATTORNEYS FEES.
YOU AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PASSION PAGES FROM ANY AND ALL CLAIMS, DEMANDS, INJURIES, DAMAGES, LIABILITIES, PENALTIES, FINES, COSTS OR LOSSES INCLUDING REASONABLE ATTORNEYS’ FEES (COLLECTIVELY “CLAIM”) ARISING OUT OF, RELATED TO OR RESULTING FROM YOUR ALLEGED OR ACTUAL ACTS OR OMISSIONS, INCLUDING BREACH OF THIS AGREEMENT OR OTHER VIOLATIONS OF PASSION PAGES INTELLECTUAL PROPERTY RIGHTS, BY YOUR OR ANY OF YOUR AGENTS, EMPLOYEES, OR OTHER THIRD PARTIES.
IN NO EVENT SHALL PASSION PAGES BE LIABLE TO YOU FOR ANY SUM GREATER THAN THE AMOUNTS PAID TO PASSION PAGES UNDER THIS AGREEMENT REGARDLESS OF CAUSE.
10.TERMINATION; REVOCATION. Your license to use an Image will terminate automatically without notice from Passion Pages if you fail to comply with any provision of this Agreement. Upon termination, you must immediately:
i. Stop using the Images entirely;
ii. Destroy all uses of or, upon request of Passion Pages, return the Image; and
iii. Delete or remove the Image from your Book, physical or electronic promotions of your Book, your premises, computer systems and storage (electronic or physical).
11. Content Display. Passion Pages may discontinue licensing any Image at any time in its sole discretion. Upon notice from Passion Pages, or upon your knowledge, that any content may be subject to a claim of infringement of a third party's right for which Passion Pages may be liable, Passion Pages may require you to immediately, and at your own expense: cease using the content, delete or destroy any copies; and ensure that your clients, distributors and/or employer do likewise. In such case, Passion Pages will provide you with replacement content (determined by Passion Pages in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
12. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Texas. The parties irrevocably submit and consent to exclusive jurisdiction to the state and federal courts located in Travis County, Texas, for resolution of any dispute related to this Agreement.
13. Notices. Notice may be given by electronic mail (email) to the address where the Image is delivered from Passion Pages, or by registered or certified mail, and notice shall be deemed given the date of sending.
14. Section Headings. The section headings in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
15. Severability. Should any provision of this Agreement be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law unless to do so would defeat the purposes of this Agreement.
