Photomoolah Commerical use license agreement
"Invoice" means the computer-generated or pre-printed standard form invoice provided by Photomoolah setting out the Photomoolah licensing company and the terms agreed with the Licensee. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.
"Licensed Material" means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files, or any other product protected by copyright, trademark, patent or other intellectual property rights, which is licensed to Licensee by Photomoolah under the terms of this Agreement. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material as a whole.
"Licensee" means the entity purchasing a license hereunder or, if there is a separate Purchaser, the entity specifically designated as Licensee during the purchase process and set forth as such in the Invoice.
"Licensee Work" means an end product or service that has been created by or on behalf of Licensee using independent skill and effort and that incorporates a Reproduction of the Licensed Material as well as other material.
"Purchaser" means an entity purchasing the license hereunder on behalf of a third-party Licensee.
"Reproduction" and "Reproduce" mean any form of copying or publication of the whole or a part of any Licensed Material, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Licensed Material, and the creation of any derivative work from, or that incorporates, the Licensed Material.
"Rights and Restrictions" means the information available to Licensee at the time of Licensed Material selection in a written quote issued by Photomoolah.
This license agreement ("Agreement") is between Photomoolah and photographer( licensor)
F. License - Licensor ( photographer) & Photomoolah agree to the following additional terms:
· Copyright - No ownership or copyright shall pass to Photomoolah or third parties by the issuance of the license contained in this Agreement . All rights to the Image(s), CD-ROM and accompanying materials (if applicable),including without limitation, copyright and all other rights, are retained by Licensor.
· All images created by the Licensor and selected by Photomoolah will
be considered licensed to Photomoolah, not purchased, for a period of two
years. This license for any and all usage will expire in one year.
· The photographer is an independent contractor and not an employee of Photomoolah
· Photomoolah affirms that they are at least 18 years old and have the capacity to enter into a contract with THE PHOTOGRAPHER.
· Usage - Photomoolah will resell the purchased images to Licensee with exclusive right to reproduce, display In whole or in part of the images only on digital media for a period of 1 year.
· Photomoolah will not have the right to sell the purchased images to
any other client than Licensee mentioned with out written permission from the
photographer and an additional payment equal to or greater than the
· Photomoolah will not have the right sell the images to any other client before/after one year.
· Licensor cannot resell the pictures to any third party for 1 year.
· Licensor agrees that the images maybe cropped or altered under this agreement
· By signing this agreement the Licensor declares that he/she own the rights to the images, or has the permission from the copyright holder to upload these images.
G. Permitted Commercial Uses
· Any advertising and promotional projects on digital media including facebook posts, web banners ads, pinterest boards, website pictures, web pages, digital presentations etc
· The licensee will need to seek written permission from Photomoolah & photographer if the pictures will be used anywhere other than digital media.
· Licensee may alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make a back-up copy of the Image(s) for internal back-up purposes. Limited, temporary transfers of the Images are permitted to third parties integral to the creation of the final product, provided such third parties agree to abide by the terms of this agreement.
H. Restrictions on Use
· Except as provided herein, Licensee may not use the pictures for more than 2 years starting from the date of agreement signoff
· Sublicense, sell, assign, convey or transfer any of its right under this Agreement.
· Sell, license or distribute its final product in such a way that permits Licensee's end users to extract or access the Images as a stand-alone file.
· Use any Image in a pornographic, defamatory, libelous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
I. Model Release - All shots with people must have model release.
J. Payment -
The winning photographer will be paid per photo based on the contest info announced by Photomoolah Pte LTd within 60 days from the completion of the project.
K. Termination –
In the event that the Licensee cancel(s) the project outlined in this contract during the 30 day period from sign off , Photomoolah agree(s) to pay The Photographer the expenses borne upon presenting the receipts of expenses. If the photographer due to any circumstances intends not to work on the project within 30 days of sign off, Photomoolah reserves the right to withhold the payment of the photographer.