spokebusterforids.org
policies and terms

rev 6/11/02

The following policies apply to all our work except where we have stated otherwise in writing. Please review this document carefully.

ownership and copyright of our work: what we always keep
licensing the right to use our images: most common rights we license
licenses we automatically give you: permission you get from us without asking (or paying extra)
standard terms for all our licenses: fine print that applies to all our image licenses
payments: our payment policies
privacy: what we do with information and pictures
general conditions: liability, indemnity, jurisdiction, etc.

ownership and copyright of our work ( top - skip - close )

we retain ownership and copyright of all our work
we retain all original negatives and slides
we license the right to use images to you
refer to Definitions of Licenses for details of our standard licenses
use without our permission violates Federal copyright law and these terms

licensing the right to use our images ( top - skip - close )

to use our images you need a license
we automatically grant some licenses
the most common licenses we grant (refer to the link for full definition):

Personal Use - non-commercial use by you (email it, print it, etc.)
Single Use - used for anything, but only once (such as in an ad)
General Use - use by or to promote business, organization, etc.
Personal Business Use - for a business of which you are the owner or the "product"
COMP Use - use in mock-ups or to evaluate for subsequent use
Private Use - you may not allow image to get into anyone else's hands

we can negotiate other licenses to suit
this document plus the Definitions of Licenses define our licenses
a written statement by us adds to (superceding if conflict) these terms and the Definitions of Licenses

licenses we automatically give you ( top - skip - close )

we automatically give you permission to use an image for your Personal Use in these cases:

when you download event images from our website
when you download event images from someone else's website and their website indicates our copyright, indicates that you may use the images for Personal Use and has a link to these terms (or a copy)
when you hire us to take pictures

if you purchase a print from us you are licensed to use that print in any way you want, however you may not copy or reproduce it in any way
pictures in our portfolio and on the portfolio section of our website are not licensed for anything except viewing

standard terms for all our licenses ( top - skip - close )

The following applies to all licenses except as stated in writing:

Duration of License:

Personal Use licenses are perpetual
COMP Use licenses are for 60 days
all other licenses are for two years

Photo Credit

if publishing in an editorial context photo credit must be given to "spokebusterforaids.org"
no credit needed for use in advertisements
in all other uses "© spokebusterforaids.org" must appear on or near the image

Modifying Images

you may adjust color balance, brightness and contrast
you may crop the image
you may flip, mirror, or rotate the image
if there is a watermark on the image and you crop it out, you must display "© spokebusterforaids.org" on or near the image
you may not make any other modifications to our images without our permission
if someone sues us because of an image you modified, you will indemnify and defend us

Model Releases, Property Releases

no model releases or property releases exist unless we indicate in writing
you determine whether or not your use requires a release
model release needed when a person is identifiable and the image is used for promotional purposes
property release needed if there is identifiable private property and you are using the image for promotional purposes
do not rely on the above statements, research and make your own determination
if you use an image of ours and we did not indicate that we had releases then you will indemnify and defend us if we are sued as a result

Other Terms

you will provide to us two copies of your usage of our images
you may not give, sell or transfer your license or the right to reproduce the image to anyone else
you do not have exclusive use of the image
if you use an image of ours in a way not permitted by our license to you, you will pay us a $500 penalty per image, per violation
in addition we may make a claim against you under copyright law

Original Images Loaned To You

if you license an image from us that is on film, we will loan you the negative or slide so that you can use it
you will be responsible for the safe return of those negatives or slides ( they are valued at $1,500 per image)
you will assure they are only used as permitted in your license
you will be responsible for how they are treated and used until we get them back
you are responsible even if someone else does the deed
a delivery memo usually says when the images are due back
if not otherwise stated you will return the images within 45 days of having received them

payments ( top - skip - close )

checks payable to Robert Benscoter
cash is good (just don't send it by mail)

Late Payments, Etc

invoices are net-30
1.5% charge per month ($10 min) for payments overdue
returned checks incur a $30 charge
all amounts due (including returned check/late charges, collection costs and attorney fees) must be paid before images are used

privacy ( top - skip - close )

we collect information necessary to complete orders you place
our website collects the pages you view and your IP address
we will not sell or divulge information about you except as necessary to perform the service or for collections
if we take pictures of you in private we only display those pictures publicly with your explicit permission
if we take pictures of you at an event (public or private) we may post them on our website
if we post a picture of you and you object, tell us and we will remove it

general conditions ( top - close )

You assume full responsibility for any loss or liability resulting from your use of our images. You will not be entitled to any incidental, consequential, punitive or other damages for any reason, including without limitation loss of profits.

You agree to defend, indemnify and hold spokebusterforaids.org and Robert Benscoter (and their successors, relatives, licensees and assigns) free and harmless from any and all claims, liabilities, costs, losses, damages or expenses, including attorneys' fees and expenses, arising in connection with your use of our images. This includes claims that may result from your alterations to our images or your use of images which do not have model or property releases.

These terms constitute the entire agreement between you and us regarding our images or our performance for you. Should any provision of these terms be held to be void or invalid, that fact will not affect any other provision, and the remainder of these terms will be construed to most closely give effect to the parties' intentions. Failure by spokebusterforaids.org or Robert Benscoter to enforce any provision of these terms will not be deemed a waiver of future enforcement of that or any other provision.

These terms are governed the laws of the state of California. The parties consent to jurisdiction over them in any state or federal court in the state of California, waive any claim or defense that such forum is not convenient and consent to service of process by any means authorized by the laws of the state of California. With respect to any claims by us under the Copyright Act of 1976 as amended you consent to jurisdiction in Federal court. In any dispute between spokebusterforaids.org and you relating to these images, these terms or services performed by us, the prevailing party will be entitled to attorneys' fees, costs and expenses.

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this page last updated 6/10/2002

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