a) Digital Images and Destruction of Media:
Preview images, whether downloaded from the website
or sent as sample enlargements, may be used for
in-house comp and layout purposes only. Watermarked
or not, preview images are not intended for
reproduction or public display.
High-resolution digital images downloaded under this agreement may not be copied to or stored on disk
or distributed to other computers. Upon completion of the project,
all high-resolution digital images in your possession must be destroyed.
b) Second & Third Parties:
Digital images may not be sold, rented, re-licensed, traded,
e-mailed or given away free to a second party. Transfer or sale of Photo Japan image rights is strictly
prohibited. Photo Japan images appearing on a product created by the
licensee or its company, does not grant the third party the right
to use the images for reproduction, publication, financial gain or self-promotion without a direct
written agreement with Photo Japan.
c) Release of Rights:
Image reproduction rights are released only upon
acceptance of this licensing agreement and upon
payment in full of the license fees as noted on the Rights & Usage page of this agreement. Rights
released are specific to each image and its related
project and are granted on the limited basis of this
agreement. All rights and fees shall be agreed upon
in advance of using or publishing the images. The
licensee surrenders all rights to negotiate photo
licensing fees should any image be published prior to
the licensee's acceptance of the terms and conditions outlined under
this Photo Licensing Agreement.
d) Image Modification:
Photo Japan images may not be manipulated or altered in such a way as to render
the image substantially unrecognizable from the original. Photo Japan images may be resized or
cropped as needed. However, modifications other than cropping or resizing will require
approval by Photo Japan.
e) Damage Liability: Photo Japan images may not be used in a manner that is illegal or damaging to
the reputation of Photo Japan or any other person's right to privacy. Photo Japan images
may not be used in conjunction with obscene or pornographic material.
Photo Japan shall not be held liable for damages occurring through misuse of its images.
Photo Japan assumes no liability for consequential damages stemming from use of its images
or the licensee’s inability to use the photos as originally
agreed or intended.
f) Cancellation of Agreement:
Photo Japan offers no guarantees for the use of its images. All fees must
be paid in full once the images have reached the
public. The licensee may, however, cancel this Photo Licensing Agreement
even after it has been accepted, and even after
high-resolution images have been
downloaded or delivered, but prior to any image appearing in electronic media or in print,
only if Photo Japan has been notified in writing within two weeks of the Photo Licensing Agreement acceptance date.
An invoice will be sent for any tangible expenses accrued on
the licensee's account up to the date when the cancellation notification is
received. Written cancellation notification received by Photo Japan between two weeks and two months from the
Photo Licensing Agreement acceptance date
will carry a service charge equal to 50% of the
invoice amount plus any tangible expenses. After two
months, the full invoice amount will be due whether
the image(s) has been published or not. In all
cases, the licensee must immediately destroy all
in their possession. Photo Japan reserves the right to cancel the
Photo Licensing Agreement should the photo license fees not be paid in full within 60 days.
Cancellation of the agreement by Photo Japan rescinds all rights to reproduce the images
released under the agreement.
Photo Japan owns and retains all rights to the
images licensed herein. All Photo Japan digital
images are protected by copyright and may not be
used for purposes other than those specifically
outlined on the Rights & Usage page
of this agreement. Unauthorized use, reproduction, transmission,
distribution or archiving of any image, or derivation thereof, is a violation of the United
States and International Copyright Laws and will constitute copyright infringement.
h) Credit Lines and Record Copies:
Images used for editorial purposes shall receive
proper photo credits. The credit line shall read: Kenneth Hamm / Photo Japan, unless indicated otherwise
on page two of this agreement.
The credit line shall appear beside the printed image, on the same page as the printed image or on
the photo credits acknowledgment page. For editorial
usage, a minimum of one (1) record copy of the finished product
or (2) tear sheets of each page on which an image appears shall be provided to Photo Japan free of charge,
if requested. For Internet usage, the photo buyer shall provide a URL address for each page on which a
Photo Japan image appears.
i) Model and Property Releases:
and/or property releases are not available for any persons or
property portrayed in Photo Japan images. Our photos
are usually taken in public places. No models have
been paid. Photo Japan assumes no liability for images used without a model
or property release.
j) Image Access:
Download access to high-resolution images is allowed only after
acceptance by the licensee of the Terms &
Conditions and Rights & Usage pages of
this Photo Licensing Agreement.
Permission to download high-resolution images is
granted only to the licensee whose electronic
signature appears at the bottom of the Rights &
k) Payment of License Fees:
License fees may be remitted by credit card (Visa, MasterCard, Discover Card or non-corporate American Express card)
via PayPal.com, company check, cashier's check, bank check, wire transfer (add US$35.00), E-check/direct deposit
or money order. Checks or bank wire transfers received from international
photo buyers must be received in U.S. Dollars
through a U.S. bank.
The licensee shall be responsible for all local, state,
regional and/or national government VAT, withholding
or sales taxes. No fees, taxes or other expenses shall be
deducted from the license fee by the licensee, photo buyer or its agents. Payment is due upon publication or within 30 days
of date of the Photo Japan invoice, whichever occurs first. Accounts delinquent in payment, that is, not paid in full within sixty
days of the invoice or publication date, a US$50.00 surcharge will be added to the license fee for each 30-day term,
or portion thereof, that passes beyond the initial sixty-day grace period.
A Photo License Invoice will accompany all financial
Updated: March 2012