By placing a product (“Image(s)”) order through the Velgos.com website with Paul Velgos (“Photographer”) for you are agreeing that you (“Client”) understand and accept the following terms and conditions:
LICENSE FEE: The license fee is the amount at the time the order is placed
LICENSED USE: Client may use print products display purposes unless otherwise specified. Images may not be reproduced, scanned, copied, or distributed.
PURCHASE DATE: The date the order was placed by Client
PRINT PRODUCT(S): Any product where a physical product of the Image is created and provided to the Client
ELECTRONIC FILE(S): Any product where an electronic file of the Image is provided to the Client
RIGHTS: The copyrights to the Images remain the exclusive property of Photographer. No rights to the Licensed Use listed above are transferred to Client until Photographer has received the License Fee in full. Client and its principals, employees, agents, and affiliates are jointly and severally liable for paying the License Fee to Photographer and for other obligations of this License. The only rights for use of the Images granted to the Client are those specifically set forth in this License. All other rights are reserved by Photographer.
METADATA: The Images may contain copyright management information embedded in their file. Removing and/or altering this information is prohibited and violates copyright law.
RELEASES: Unless otherwise specifically stated, no model or property release exists for the Images. Client assumes sole responsibility to determine whether model and/or property releases are required by law and whether any releases provided by Photographer are appropriate for Client's use of the Images.
ALTERATIONS: Client may not make or permit others to make any alterations to the Images.
INDEMNIFICATION: Client will indemnify, hold harmless, and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising from any use of the Images by Client.
PHOTO CREDIT: Client will ensure that all published uses of the Images will be accompanied by the following copyright notice as follows: "© Paul Velgos" or "Copyright Paul Velgos" ("Photo Credit"). If the Photo Credit does not accompany the Client's published use of any Images, Client agrees to pay to Photographer a three-times multiple of the License Fee as reasonable compensation for the lost value of the Photo Credit.
TRANSFER AND ASSIGNMENT: Client may not assign, transfer, or sublicense this License or any rights granted under it, in whole or in part, whether voluntary or by operation of law, without the express written consent of Photographer.
WAIVER: No amendment or waiver of any terms of this License is binding unless set forth in writing and signed by the Photographer.
WARRANTY AND LIABILITY: The Photographer represents and warrants that the Photographer is the copyright owner of the Images and that the Photographer has not granted any rights in the Images that would permit a third party to raise a claim against the Client for the Licensed Use. Photographer's liability for all claims by Client shall not exceed the License Fee. Photographer shall not be liable for any general, special, direct, indirect, consequential, incidental, or other damages arising out of Client's use of the Images.
DISPUTES: Any dispute regarding this License shall, in Photographer's sole discretion, either: (1) be arbitrated in [state] under rules of the American Arbitration Association and the laws of [state]; or (2) be adjudicated in [state] under the laws of the United States and/or of [state]. Judgment on any arbitration award may be entered in any court having jurisdiction.
REFUNDS, RETURNS, EXCHANGES, AND CANCELLATIONS: Client may return any standard (non-custom) Print Product within thirty (30) days of the Purchase Date. Upon receipt and acceptable inspection by Photographer the original purchase price will be refunded to Client by the original payment method. Client is responsible for return shipping and any associated shipping, insurance, or other costs. Expedited and international shipping costs are non-refundable. Custom orders are non-returnable and non-refundable and may be exchanged once for the identical product within fourteen (14) days of the Purchase Date. Cancellation requests must be received by Photographer within one hour after the Purchase Date time. Electronic File licensing may not be exchanged, returned, cancelled, or refunded.