Art + Commerce - The Agency (2023)

Submission of images for examination or use is conditioned upon the Recipient agreeing to all the terms contained herein.

Terms relative to submission

Images may not be used in any way, including layouts, sketches, xerography or scanning until submission of and payment of an invoice indicating Recipient's right to do same, or indicating the purchase of the image(s) outright, which shall be only on the terms of use hereinafter specified. Projection of any transparency is not permitted. You may not ARCHIVE, REPUBLISH or TRANSMIT images on any DATABASE without Art + Commerces prior written consent.

Terms as to use

Unless otherwise specifically stated, images remain the property of Art + Commerce or the particular contributor. Art + Commerce represents that it has the right to grant the license on behalf of the contributor. Upon submission of and payment of an invoice to Art + Commerce a license is only granted to use the images for the use specified on the invoice and for no other purpose, unless such images are purchased outright. Recipient does not acquire any right, title or interest in or to any image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the particular image(s), plate(s) or digital files made there from other than as specified herein. The image(s) shall be faithfully reproduced, and, unless Art + Commerce gives its express written consent in advance, shall not be cropped, colorized, solarized, overlaid with text, or otherwise altered in any way (except as to overall size). Full credit and copyright information must remain with the image.

If Recipient desires to re-use an image or extend previous usage, then Recipient must request and pay for additional rights prior to publication. You agree not to make, authorize or permit any use of an image or its derivative (use of an image as a source to create another image) except as authorized by the invoice. In the event you use an image for any use other than that indicated on the invoice, including but not limited to the number of uses, the publication using, or the size of the reproduction, Art + Commerce agrees to forego its right to sue for copyright infringement and breach of contract if you pay, as liquidated damages, a sum equal to ten (10) times the normal price we would have charged for such use, within 10 (ten) days of us billing such fee. This is not a penalty but an agreed fair use charge. If you fail to make such payment in ten (10) days, we shall have the right to sue for copyright infringement and breach of contract. No model releases or other releases exist on any images unless Art + Commerce specifies the existence of such release in writing. Recipient shall indemnify Art + Commerce against all claims arising out of the use of any images where the existence of such release has not been specified in writing by Art + Commerce. In any event, the limit of liability of Art + Commerce shall be the sum paid to it per the invoice for the use of the particular image involved. User will hold Art + Commerce harmless from all claims for the use of the images, including defamatory use. Art + Commerce gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any image, and the client must satisfy himself that all necessary rights, consents or permissions as may be required for reproduction are secured.

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Digital files are provided as is. Art + Commerce makes no representation or warranty, either express or implied, including 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. You may have additional rights under some state laws.

This agreement is not assignable or transferable on the part of the Recipient.

This contract contains all the terms of the agreement between Art + Commerce and Recipient concerning delivery and review of images, and no terms and conditions may be added or deleted unless made in writing and signed by both Art + Commerce and Recipient. These terms and the terms of any subsequent invoice supersede any and all terms of the Clients purchase order. Any subsequent invoice Art + Commerce may issue may contain additional terms relating to the rights granted and the type of use allowed. No rights are granted until payment is made to Art + Commerce even though Recipient has received an invoice.

Payment herein is to be net thirty (30) days. A service charge of two (2%) percent per month on any unpaid balance will be charged thereafter. Any claims for adjustment or rejection of terms must be made to Art + Commerce within ten (10) days after receipt of invoice. Recipient shall provide Art + Commerce with two (2) free copies of such publication immediately upon printing.

Rights are being reserved to Recipient when an invoice is created. If Recipient cancels an order within ten days after the invoice is issued, Art + Commerce will refund 50% of the agreed fee. After ten days no refund shall be made and Recipient is responsible for full payment of the invoice.

Images used editorially should bear a credit line in the form "[name of photographer or creator of the Artwork] /Art + Commerce Anthology". Art + Commerce reserves the right to charge a treble fee for use without a credit. Recipient must register copyright in their name to afford protection to the image. Such copyright shall be immediately reassigned upon request, without charge.

All rights not specifically granted herein to Recipient are reserved for Art + Commerces use and disposition without any limitations whatsoever.

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Recipient agrees that the above terms are made pursuant to Article 2 of the UNIFORM COMMERCIAL CODE and agrees to be bound by same. Objection to any terms must be made in writing within ten (10) days.

Limitation of liability

Under no circumstances will Art + Commerce or the owner of the image be liable for any direct, incidental, consequential, indirect or punitive damages as a result of the use of the Images. In any event, the limit of liability of the copyright owner of the image and Art + Commerce shall be the fee paid for the artwork to Art + Commerce.

You agree to indemnify and hold Art + Commerce, its officers, director, employees, and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of any image or any breach of this agreement.

Disputes or claims arising out of submission and/or use

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 New York, New York, 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 New York. If you are 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, you expressly agree that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.

If Recipient of this contract is an agent for or an employee of a non-US company but operates in a place of business in the United States or its territories, said Recipient expressly agrees that any disputes regarding this contract shall be adjudicated within the United States in the manner described here.

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Copyright claims shall be brought in the Federal court having jurisdiction.

If Art + Commerce is caused to present claims or suit 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.

If desired, you (the Client) may elect to have shoot expenses administered by Art + Commerce. If you make such election, the following terms shall apply:

The Client shall advance to Art + Commerce, in one or more lump sum payments, the funds necessary to cover all expenses specified in the Estimate, and Art + Commerce shall disburse such funds to pay each such expense as it falls due. Art + Commerce shall be authorized to pay all expenses in the approved Estimate without the Clients specific approval, but shall obtain such approval before paying any expense not specified in the agreed shoot Estimate. Art + Commerce shall not be required to pay any expense unless and until the Client provides the necessary funds, and shall have no personal responsibility or liability for any cost or expense, other than to disburse the funds provided by the Client, pursuant to the agreed shoot Estimate. The Client shall indemnify Art + Commerce against any costs (including reasonable attorneys fees) arising in connection with any claim asserted against Art + Commerce by any vendor or supplier as the result of the Clients failure to provide required funds. Art + Commerce shall provide the Client with receipts (or other acceptable written substantiation) for all disbursements made by Art + Commerce on the Clients behalf.

In consideration of its services, Art + Commerce shall charge processing fees to the Client at the following rates:

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Amount of InvoiceProcessing Fee

Under $2,500 » None

$2500 - $9,999 » $100

$10,000 - $24,999 » $250

$25,000 - $49,000 » $500

$50,000 - $99,999 » $750

$100,000 or more » $1,000

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