Untitled Document
SIGN THIS LICENSE
PLEASE AND SEND US THE LICENSE BACK PER MAIL TO :
Isamar VOF, Kreeft 28, 3225 AB, Hellevoetsluis, The Netherlands.
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____________________________________________________
Promotional
usage of the content in the way of affiliate content is prohibited, with the
exception of so called "hosted galleries", but only if the content
is marked with the domain of the Client.
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.
INVOICENUMBER:
NAME:__________________________________
SIGNATURE: _______________________DATE:______________________
CLUB-XSTREAM:________________________________DATE:______________________
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