Cutter Gallery

RESTRICTIONS

RESTRICTIONS AS TO USE:
Use of the Image beyond the terms of the limited license agreement is prohibitted without first obtaining an additional license.

NOT PERMITTED:

  • Creating any derivative use of an Image unless indicated on the invoice.
  • Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
  • Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
  • ARCHIVE, REPUBLISH or TRANSMIT Images on any DATABASE without CUTTER GALLERY's prior written consent.
  • Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from CUTTER GALLERY.
  • Sublicense, re-license, rent or lease any of the Images.
  • Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with CUTTER GALLERY in any manner.
  • Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

RELEASES
No model releases or other releases exist on any Images unless the existence of such release is specified in writing by CUTTER GALLERY.

INDEMNITY
You agree to indemnify and hold CUTTER GALLERY, and the Illustrator, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney's fees, arising from the use of an Image or any breach of this agreement.

NO WARRANTY
CUTTER GALLERY GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF NAMES, TRADEMARK, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART DEPICTED IN ANY PICTURE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. ILLUSTRATION WORKS IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION.


In any event and under all circumstances, the limit of liability of CUTTER GALLERY shall be the sum paid to CUTTER GALLERY per the invoice for the use of the image involved.


DELIVERY OF DIGITAL IMAGES
DIGITAL FILES ARE PROVIDED "AS IS." CUTTER GALLERY MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM.


CUTTER GALLERY MAKES NO REPRESENTATION OR WARRANTIES AS TO THE ACCURACY OF THE CONTENT, OR THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.


YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL CUTTER GALLERY OR THE OWNER OF THE IMAGES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND AGENT SHALL BE THE FEE PAID FOR THE IMAGE TO AGENT.


PROTECTION OF IMAGES
Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Unless otherwise specifically stated, Images remain the property of CUTTER GALLERY or the particular photographers. Use is granted for the United States only, unless otherwise specified. User does not acquire any right, title or interest in or to any Image, including, without limitation, any electronic reproduction or promotional rights, and will not make, authorize or permit any use of the digital files made there from other than as specified herein. Full credit and copyright information must remain with file.


All rights not specifically granted herein to User are reserved for CUTTER GALLERY's use and disposition without any limitations whatsoever.


Unauthorized Use
Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including attorney's fees and all associated costs.

RETENTION OF DIGITAL FILES
Digital files may be retained for sixty days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. CUTTER GALLERY's copyright information and Image identification number must be retained with the digital files while you retain them.


CREDIT
Images used editorially should bear a credit line as indicated by CUTTER GALLERY. User must register copyright in their name to afford protection to the photograph. Such copyright shall be immediately reassigned upon request, without charge.

DISPUTES OR CLAIMS
Any and all disputes, with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in [City and State with arbitration office], pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Florida. If User of this contract is an agent for or an employee of a non-U.S. company but operates in a place of business in the United States or its territories, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here.


Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the Federal Court of the [District of Jacksonville, Florida].


If CUTTER GALLERY is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User.

MISCELLANEOUS
This agreement is not assignable or transferable on the part of User.


This contract contains all the terms of the agreement between us (CUTTER GALLERY and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice issued may contain additional terms relating to the rights granted and the type of usage allowed.


Time is of the essence in the performance by User of its obligations for payments.


All sales are final.


Payment of the invoice herein is to be net thirty (30) days. A service charge of two (2%) percent per month on any unpaid balance will be charged thereafter. Any claims for adjustment or rejection of terms must be made to CUTTER GALLERY within ten (10) days after receipt of invoice. In the event that any Images are used by User in publications, User shall provide CUTTER GALLERY with two (2) free copies of such publication immediately upon printing.