TERMS & CONDITIONS
1. The License: This is a license, not a sale. Rebecca Emily Cooper (herein known as “Becky Cooper”) owner of photos-by-becky.com & becky-cooper.com; continues to own all photograph(s), subject to your acceptance of the terms of this agreement (“License Agreement”). Becky Cooper hereby grants to you a non-exclusive, non-transferable, worldwide right to use the photographs as follows: You may use the photographs for nearly any projects, including feature films, broadcast, commercial, industrial, and educational video, print projects, multimedia, games, and the internet as long as the photographs have been incorporated into any work with substantial value added by you. Thus, you could incorporate photographs in promotional materials, packaging, web page design, broadcast, products for sale, electronic and print publication, comps, and layouts.
2. Limitations: The photographs may not be sold as stand alone photographs, library, or collection for distribution or resale. The photographs may not be used, in part or in whole as a trademark or service mark, nor may you claim proprietary rights of any sort in the photographs, or any part thereof. You may not make available some or all of the photographs on the web page or other display as a separate or downloadable reusable file, or disassemble, decompile, reverse engineer, translate, or otherwise decode the photographs for any reason whatsoever.
3. Fees & Payments: In exchange for your usage of these photographs as provided on my site – you agree to keep my watermark on my photographs. I willingly provide my photographs for free, assuming all photograph’s will remain intact and unaltered. Any payments made through this site are under the agreement they are paid as a donation towards my Photography & Art career & will be non-refundable.
4. Copyright: Becky Cooper retains all rights, title, & interest in and to the photographs not expressly granted by License Grant above. Such rights are protected by the United States and International Copyright laws and international treaty provisions. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this agreement.
5. Limitation of Liability: Under no circumstances will Becky Cooper be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss or personal damage) arising out of A) the use or inability to use the photographs or B) the inability to obtain additional rights to the photographs (including making additional copies) even if Becky Cooper has been advised of the possibility of such damages. In any event, the limit of the liability of the copyright owner of the photographs, Becky Cooper, shall be the agreed fee set for the photographs to Becky Cooper. Any dispute with Becky Cooper’s affiliates or donations made through Paypal shall be addressed by their respective site owners, and Becky Cooper will not be held responsible or liable for damages occurred in using or making purchases through their websites.
6. Termination: The license contained in this Agreement will terminate automatically without notice from Becky Cooper if you fail to comply with any provision of the Agreement. Upon termination, you must immediately 1) stop using Becky Cooper’s photographs 2) return the photographs and all copies of it to Becky Cooper 3) delete the photographs and all copies from all magnetic and digital media, and destroy all other copies. Your indemnity and payment obligations and Becky Cooper’s rights in conjunction with those obligations shall survive any termination or expiration of this Agreement. The provisions of this paragraph are in addition to any other remedies and rights Becky Cooper may have as a result of any breach of this Agreement. Neither party will be entitled to damages as a result of termination of this Agreement as provided herein.
7. Injunctive Relief: You agree that any breach of your obligations with respect to Becky Cooper’s proprietary or intellectual property rights will result in irreparable injury to Becky Cooper for which money damages are inadequate and you therefore agree that Becky Cooper is entitled to injunctive relief in addition to any other relief that a court may deem proper
8. Integration: Becky Cooper reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of California. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Becky Cooper for its reasonable legal fees, costs, and disbursements if Becky Cooper is successful in the suit. Becky Cooper reserves the right to seek an injunction to prevent breach of your obligation to Becky Cooper’s intellectual property rights. Becky Cooper reserves the right to withdraw photographs from use at any time, for any reason, and you agree to destroy any such file and discontinue the use of any photographs that have been withdrawn from circulation by Becky Cooper.
9. General Provisions: If any provision of this Agreement is found illegal or unenforceable, the legality and enforceability of the other provisions of the Agreement will not be affected. Your use of the photographs must be in compliance with all applicable law, including but not limited to, laws and regulations relating to export, currency, and the law of moral rights. This license will expressly not be governed by the United Nations Convention on Contracts for the International Sale of Goods. No license for usage of Becky Cooper’s Products is granted until payment in full for the Product has been received by Becky Cooper. No failure of either party to exercise or enforce any of its rights hereunder will serve as a waiver of such rights. This Agreement shall be governed in all respects by the laws of the State of California, excluding its’ body of law relating to conflicts of law, and excluding the issue of copyright, including its validity, interpretation, performance, breach, or other matter. Becky Cooper reserves the right to pursue any claim or controversy relating to intellectual property rights, not by arbitration, but by a court located in the State of California. In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse Becky Cooper for its reasonable legal fees, costs, and disbursements if Becky Cooper is successful in the suit. Becky Cooper reserves the right to seek an injunction to prevent breach of your obligation to Becky Cooper’s intellectual property rights. Becky Cooper reserves the right to withdraw photographs from Becky-Cooper.com and/or photos-by-becky.com & make revisions to this agreement at any time, for any reason.
Last Updated: 11-07-11
