(Rights-managed)

[emi.sironi]

per un immagine Rights-managed che utilizzo posso fare?
(scusate la mia ignoranza...)

[emi.sironi]

Memole, lo sai?
Nel senso, posso utilizzarla?

[emi.sironi]

nessuno mi sa dir qualcosa?

[sex]

ho trovato questo su comstock

INVOICE TERMS FOR THE USE OF
COMSTOCK RIGHTS-PROTECTED IMAGES


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1. ESSENTIAL INFORMATION PLEASE READ

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. YOUR PURCHASE OR USE OF THIS PRODUCT SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

2. LICENSE

a) RIGHTS PROTECED IMAGES (RP):

RP Images means that Comstock attempts to avoid image conflict between users in the same Industry for the same usage within a specific time period. Rights Protected Images include exterior or cover images in advertising, brochures and books, but do not include interior images, audio-visual use, one–sheet direct mail pieces or internet use, unless specifically negotiated.


b) LIMITED USE GRANTED:

Permission to utilize image(s) is only granted for the use specified on the face of the invoice and for no other purpose, including promotional and/or electronic usage. Permission is only effective after you pay the invoice and no rights are granted by your possession of the image(s) or the invoice. Uses are granted for the United States for a maximum of one year, unless otherwise specified. All rights not granted on the invoice are specifically reserved for Comstock’s use and future disposition without any limitations whatsoever. You agree to provide us with a certified statement setting forth the number of sales, sublicenses, adoptions, transactions and uses of our images in any publication on a semi-annual basis (June 30th and December 30th).


c) ADDITIONAL LICENSES AVAILABLE:

If you require additional rights, or a prohibition or limitation on other uses of an image you have selected, you can request and pay for an additional license.


d) RE-USE:

You assume responsibility to contact Comstock 30 days prior to the expiration of usage rights in order to request and negotiate for rights to re-use the image for the same usage as outlined in the invoice.


e) RESPONSIBILITY FOR USE:

You agree not to use the image(s) in any way that could be considered defamatory, pornographic or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. Contact Comstock for verification of model releases.


f) UNAUTHORIZED USE:

You agree not to make, authorize or permit any use of an image or its derivative (use of an image as source to create another image) except as authorized by the invoice. In the event you utilize a image for any use other than that indicated on the invoice, including but not limited to the number of uses, the publication utilized, or the size of reproduction, Comstock agrees to forego its right to sue for copyright infringement if you pay, as liquidated damages, a sum equal of three (3) times the maximum price we would have charged for such use, within the(10) days of our billing such fee. If you fail to make such payment in (10) days, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and breach of contract.


g) INDEMNIFICATION:

You agree to indemnify and hold Comstock harmless against all claims arising out of the use of any image where we have not specified the existence of a release in writing, and for the defamatory use of an image in any manner or context. In any event, Comstock’s liability for any improper use of an image shall be limited to the sum paid in accordance with our invoice, which specifies the use of the particular image involved, If our invoice was not paid prior to using an image, Comstock shall be absolved from any and all liability and held harmless by you from all claims arising out of any usage since such use was without proper authority.


h) RETURN OF IMAGES AFTER INVOICING:

Images must be returned directly to Comstock by bonded messenger, registered mail or Federal Express, prepaid and fully insured within three (3) months after the invoice date. After the expiration of this three month period, if you fail to return the images, the image(s) will be deemed lost and the liquidated damages provisions of Paragraph 9 shall govern.


i) LIQUIDATED DAMAGES FOR LOST OR DAMAGED IMAGES:

You agree that liquidated value for an original image is One Thousand Five Hundred Dollars ($1,500.00); the agreed liquidated value for a black and white print is One Hundred Dollars ($100) and the agreed liquidated value for a duplicate image is Two Hundred and Fifty Dollars($250). You do not obtain any ownership rights to an image by payment of a loss fee terms in this Paragraph.


j) ASSIGNABILITY:

You may not assign or transfer to anyone else the usage rights we grant you, without our prior written consent.


k) PAYMENT TERMS:

No rights are granted until our invoice is paid in full. Our invoice terms are net, thirty (30) days. A Service charge of two percent (2%) per month, or such lesser amount allowed by law, will be charged thereafter on any unpaid balance. Any claims for adjustment or rejection of terms must be made to us within five (5) days of receipt of the invoice.


l) PROJECT SAMPLES:

In the event that an Image is reproduced, as a condition of use, you agree to send at your own expense to Comstock two (2) free samples containing a reproduction of the Image within 30 days of use. Failure to supply a copy of the project shall be considered to be material breach of this Agreement.


m) COPYRIGHT PROTECTION:

All Images used editorially or on a CD-ROM or on the Internet or Intranet, must bear the credit line “© year, Comstock, Inc.” or as otherwise indicated by Comstock. You agree to provide copyright protection to all Images and such copyright shall be immediately assigned to Comstock, or its designee upon request, and without charge. You agree to pay a reasonable liquidated damage amount of triple the invoice fee if the credit is improper or missing.


n) WAIVER:

Terms may not be waived orally by any Comstock employee and any purported waiver or change must be in writing and signed by an officer of Comstock, Inc. If we waive any specific part of this contract, such waiver will not affect any other part. Only the terms of this contract will be binding on Comstock. This Agreement supercedes any Terms contained in your Purchase Order.


o) CANCELLATION POLICY:

If you decide not to use the Images, you must advise Comstock in writing within two weeks of the invoice date to receive a full refund. After this two-week period has expired, up to 60 days from the invoice date there will be a 50% cancellation fee. After 60 days from the date of the invoice, the invoice cannot be canceled and full payment will be due.


p) ARBITRATION:

A material part of this contract is the Agreement to arbitrate. Any and all disputes arising out of, under or in connection with this Agreement, with the exception of copyright claims, including without limitation, its validity, interpretation, performance and breach, shall be settled by arbitration in Somerset, New Jersey, pursuant to the rules of the American Arbitration Association in effect at the time arbitration is demanded. Judgment upon any 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 Jersey, and you agree that the arbitrators shall award all costs of arbitration, including legal fees, plus legal rate-of-interest to the successful party. Copyright claims shall be brought in the Federal District Court of the District of New Jersey.


q) LEGAL FEES AND JURISDICTION:

If Comstock is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Comstock for our legal fees, costs and disbursements if Comstock is successful. You agree that the Superior Court of New Jersey, Union County and the United States District Court for the District of New Jersey are the agreed and appropriate forums for any such suit.


r) UNIFORM COMMERCIAL CODE:

You agree that the above terms are made pursuant In Article 2 of the Uniform Commercial Code and agree to be bound by same.

[emi.sironi]

grazie mille, ci do' un occhio