LICENSE AGREEMENTS FOR MATERIAL FROM GHFoto.
Buyer of licenses ( “Licensee”) to use images, movies, graphics etc. ( “Material”) from GHFoto acknowledges that these terms and conditions shall apply to purchase ( “Standard Terms”):
1.1. The agreement and parties to the agreement
The agreement consists of the Standard Terms, follow the text as stated in the individual items of material, such as annotations in databases and other restrictions or conditions GHFoto had to ask. Special restrictions take precedence over the provisions of Standard Agreement in case of conflict.
Agreement terms, including Standard Terms accepted as an agreement on the use of material from GHFoto, whether through GHFoto its website, via an API solution or otherwise, including by downloading material Licensee computer or direct publishing.
Licensee who enters into an agreement on behalf of the employer, company or the like warrant that the person has authority to enter into such an agreement, and shall keep GHFoto indemnified for any lack of authority to enter into an agreement.
The material is, but unless otherwise agreed by contract, protected by copyright law. The agreement gives Licensee a personal, non-transferable and non-exclusive reproduction right for a single use of material. Reusing material is not allowed and requires a new agreement with GHFoto the conditions GHFoto at the time set.
Digital storage is permitted only to the extent necessary to maintain the current publishing and the digital copy should be deleted after the publication taken down. Licensee shall label material internally with such instruction. This also applies Material scanned by Licensee in GHFoto. Material that is scanned or photographed for viewing may not be published.
1.3. Material Categories
GHFoto operates with three price categories: Editorial Use, Commercial Use and Extended Private Use.
By “Editorial Use” means that the material is attached to an editorial matter, are of a certain public interest and is distributed to an anonymous audience, such as news events in newspapers and magazines. Editorial use does not include use of the material in advertisements, promotional brochures, artwork, signage, branding, product promotion, or other applications where image is linked to the text that has a by successful promotion or sales purposes, defined as “Commercial Use”. “Extended Personal Use” is defined as all physical production in decorative purposes.
1.4. Adaptation / modification of material
It is not allowed to process / manipulate material without the permission of GHFoto. This includes cropping, rotating, or collages. Habitual editing, smaller format changes and / or retouching can happen in a way that does not alter the material content or character. With doubt the GHFoto consulted.
Licensee shall ensure acknowledgment by using the material. Violation of this point results in a fee equivalent to 100% of the purchase price.
1.6. Especially Policy
Unless otherwise specifically agreed Licensee is responsible for clearing all rights related to the depicted in the material, including the pictured rights when publishing material under the Copyright Act § 45c and other privacy rules.
If Licensee chooses to use material where consent has not been obtained from the depicted Licensee shall submit a signed GHFoto disclaimer statement. Buyer shall keep GHFoto indemnified against all claims, losses, costs, etc. related to this point regardless of whether such a declaration is signed or not.
1.7. Specifically on material ordered on commission
If material is created on behalf of Licensee transferred all copyrights to material to Licensee without the constraints of time, place or media except the photographer’s moral rights, unless otherwise agreed.
All rates quoted are inclusive of VAT.
Licensee may not resell, sublicense, lend etc. The material to third parties without the written consent of GHFoto.
1.10. Breach of contract, indemnification, compensation
If Licensee defaults agreement can GHFoto choose to terminate the agreement with immediate effect. Licensee shall also keep GHFoto against any claim, loss, cost or the like related to breach of contract.
GHFoto is not responsible for loss or damage due to circumstances GHFoto could not foreseen or control, including erroneous information. GHFoto is not responsible for any indirect losses. GHFoto shall under no circumstances be guilty greater compensation than that corresponding to the invoice amount of the material in respect of which a possible liability.
1.11. other provisions
The agreement is governed by Norwegian law, with Drammen District Court as legal venue.