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The photographs you will
receive contain SEXUALLY ORIENTED MATERIAL. You must be 18 years of age
or older. Misrepresenting your age may be a violation of local, state,
and federal law.
I am an adult over 18 years old, and I AGREE that I will not allow any
minor, as that term is defined in my jurisdiction with respect to viewing
sexually oriented materials, to access any materials or information from
Isamar v.o.f.. ("Provider");
Provider hereby grants the Client a nonexclusive, nonsublicensable right
to utilize images for INTERNET reproduction worldwide on the below specified
number of web sites; Digital advertising or promotional material related
ONLY to and distributed on ANY of the Client's World Wide Web site or
on Web Sites on which the Client is advertising via banners is also granted
hereunder; No magazine sales or other usage including, but not limited
to, CD-Rom or Photo CDs or commercial resale or Client's trading with
other web sites or posting to news groups are permitted; This license
is valid only with respect to these images and only if the Client has
paid the applicable license fee; No rights are granted until ALL payments
due to Provider for this or other licenses have been made in full; Electronic
rights granted herein are limited to only Low Resolution World Wide Web
images; One copy of the Image(s) and Software may be made for backup purposes
only, but may be used only if the original Image or Software becomes defective,
destroyed or otherwise irretrievably lost. Except as specifically provided
in this agreement, the Image and Software may not be shared or copied.
Defamatory, libelous or otherwise unlawful use of the Image is prohibited.
Usage of the name of photographer and models are NOT permitted with sales
of this product; Client agrees to pay a fixed rate as indicated on the
attached order sheet to license images for Internet usage. These are to
be delivered in digital form; Client shall pay all compensation due and
owing upon signing this Agreement; The models, sets or CDs whose images
this agreement pertain to are shown on the attached order sheet; It is
agreed that this is a non-exclusive agreement and Provider is in no way
restricted from selling any images whatsoever to any other person or group
of persons, for use of any kind, including, but not limited to, the Internet
or the World Wide Web; It is also agreed that that Provider holds and
maintains proper model releases as well as age verification of all models,
and maintains all records of releases/identifications that are required
by the federal government and pursuant to 18 U.S.C. 2257. at the offices
of Isamar v.o.f..
This Agreement embodies the entire agreement between the parties in connection
with this transaction and there are no oral or parole agreements representations,
or inducement existing between the parties relating to this transaction
which are not expressly set forth herein and covered hereby; This Agreement
may not be modified except by a written agreement signed by all of the
parties;
No waiver by any party at any time of any breach of any provision of this
Agreement shall be deemed a waiver of a breach of any other provision;
If any action by any party shall require the consent or approval of another
party, such consent or approval of such action on any one occasion shall
not be deemed a consent to or approval of such action on any subsequent
occasion or a consent to or approval of any other action on the same or
any subsequent occasion;
Any notice that the parties are required or may desire to deliver, shall
be delivered by facsimile transmission or e-mail, with a confirming copy
send by mail; Such notice shall be deemed delivered on the first (1st)
business day following the transmission, provided that the sender can
reasonably demonstrate its receipt;
Either party may terminate this Agreement, without liability, effective
immediately, upon written notice to the other party upon any of the following
events: (i) the other party is in violation of Federal, State, International
or Local statutes, regulations or tariffs; (ii) the bankruptcy of either
party; The license contained in this agreement will terminate automatically
without notice from Provider if the Client fails to comply with ANY provision
of this agreement; Upon termination Client must immediately stop using
the Images, delete the images and all copies from all magnetic media and
destroy all other copies of the Images, or upon request of Provider return
all such copies to Provider; Provider reserves the right to discontinue
the use of any Image for any reason and to elect to replace the Image
with an alternate Image. Upon notice of any discontinuance of a license
for a particular Image, client agrees not to use the Image in the future.
Except as expressly set forth herein, no representation or warranty of
any kind or nature has been made by Provider to Client with respect to
any agreements, benefits, profits, merchantability or fitness for a particular
purpose or income, of any nature or kind, which may or may not be derived
by the parties from the transactions contemplated herein; Client warrants
to Provider that it is, and throughout the terms of this Agreement shall
be, in compliance with all Federal, State, International and Local, legal
and regulatory requirements applicable to the activities and services
contemplated herein; NEITHER PROVIDER NOR ITS LICENSORS SHALL BE LIABLE
TO CLIENT FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
OR OTHER DAMAGES ARISING OUT OF THE LICENSE OF THE IMAGES;
The Image and Software are licensed only to the Client. However, this
agreement and the license to use the Image and Software may be transferred
to another person or legal entity if the following conditions are met:
(i) Client must transfer the Image and Software without keeping or storing
any copy, (ii) Client must not utilize the Image or Software in the future
in any manner, (iii) Client must transfer this physical agreement to the
transferee, (iv) the transferee agrees to be bound by the terms hereof,
(v) Client must notify Provider in writing via Return Registered Receipt
at Kreeft 28, 3225 AB Hellevoetsluis, The Netherlands; (vi) Transfer of
license to use the Image and Software is only valid once Club-Xstream
agrees to this transfer.
Where are you going to
use our content?
URL 1____________________________________________________
URL 2____________________________________________________
URL 3____________________________________________________
URL 4____________________________________________________
URL 5____________________________________________________
URL 6____________________________________________________
All rights to the Image(s) are owned by Provider and its licensors and
are protected by international copyright laws, international treaty provisions
and other applicable laws; The copyrights and ownership rights of Provider
and its licensors' Images will remain the exclusive property of Provider
and its licensors and Client shall have no right, power or authority to
acquire, sell, transfer or assign said rights in any way; Provider and
its licensors retain all rights not expressly granted by this agreement;
Client will indemnify and defend Provider from all liability for any loss,
damage, or injury arising from Client entering into any agreement which
goes beyond the rights granted to Client in this Agreement; The Client's
use of the image must be in compliance with all applicable law, including,
but not limited to, laws and regulations relating to the law of moral
rights; Any dispute arising hereunder shall be resolved pursuant to an
alternate dispute resolution program mutually agreed upon by the parties.
In the event it is necessary for any party of this Agreement to undertake
legal action to enforce any of the terms, conditions or rights contained
herein, or to defend any such action, or to prevent any breach, then the
prevailing party in any such action shall be entitled to recover from
the other party all reasonable attorney fees, costs and expenses relating
to such legal action; This Agreement may be modified only by a writing
signed by both parties hereto; In the event that any provision of this
Agreement shall become unenforceable or declared invalid the remaining
provisions shall remain in full force and effect; This Agreement shall
be binding upon and shall insure to the benefit of the parties their heirs,
executors, administrators, legal representatives and assigns; This Agreement
does not constitute a partnership, join venture, or a relationship between
the parties. Each party is an independent entity and not under the control
or supervision of the other;
The parties below are authorized agents of PROVIDER and Client respectively,
and agree to all the terms of this agreement.
ORDERNUMBER:__________________________
NAME:__________________________________
SIGNATURE:______________________________DATE:______________________
CLUB-XSTREAM:________________________________DATE:______________________
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