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shop: terms
License of Rights
Purchaser of an illustration or photo from the www.romeoandjulie.com Shop enters this AGREEMENT the day of purchase, between Purchaser, (hereinafter referred to as the "Client"), and Julie Locke, (hereinafter referred to as the "Illustrator"), located at 475 Kent Avenue, 803, Brooklyn NY 11211, with respect to the licensing of certain rights in the Illustrator's illustration(s) (hereinafter referred to as the "Work").
1. Description of Work. The Client wishes to license certain purchased rights in the Work that the Illustrator has created.
Form in which work shall be delivered: [X] computer file (specify format pdf, psd, ai or jpeg)
2. Delivery Date. The Illustrator agrees to deliver the Work within 5 days after entering of this Agreement.
3. Grant of Rights. Upon receipt of full payment, Illustrator grants to the Client the online selected rights to the Work. The selctions that constitute a purchase are: image title, territory, time period and viewership.
With respect to the usage shown above, the Client shall have nonexclusive rights.
Other limitations: the Work may not be used in part or whole in a logo or identity. The Work may not be used on a item for sale without an additional agreement detailing royalties between the Client and the Illustrator.
If the Client does not complete its usage under this Paragraph 3 by the selected time period, all rights granted but not exercised shall without further notice revert to the Illustrator without prejudice to the Illustrator's right to retain sums previously paid and collect additional sums due.
4. Reservation of Rights. All rights not expressly granted hereunder are reserved to the Illustrator, including but not limited to all rights in preliminary materials and all electronic rights. For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, CD-ROM, computer databases, and network servers.
5. Fee. Client agrees to pay for the usage rights granted.
6. Additional Usage. If Client wishes to make any additional uses of the Work, Client agrees to seek permission from the Illustrator and make such payments as are agreed to between the parties at that time.
7. Alteration. Client shall not make or permit any alterations, whether by adding or removing material from the Work, without the permission of the Illustrator. Alterations shall be deemed to include the addition of any illustrations, photographs, sound, text, or computerized effects.
8. Payment. Client agrees to pay the Illustrator prevoiusly to the Illustrator's f delivery of the Work. No refund or exchanges for rights purchased.
9. Loss, Theft, or Damage. The ownership of the Work shall remain with the Illustrator. Client agrees to assume full responsibility and be strictly liable as an insurer for loss, theft, or damage to the Work and to insure the Work fully from the time of shipment from the Illustrator to the Client. Both Client and Illustrator agree that these specified value(s) represent the fair and reasonable value of the Work.
10. Samples. Client shall provide Illustrator with 1 sample of the final use of the Work.
11. Copyright Notice. Copyright notice in the name of the Illustrator [X] shall accompany the Work when it is reproduced.
12. Credit. Credit in the name of the Illustrator [X] shall accompany the Work when it is reproduced. If the Work is used as a contribution to a magazine or for a book, credit shall be given.
13. Releases. The Client agrees to indemnify and hold harmless the Illustrator against any and all claims, costs, and expenses, including attorney's fees, due to uses for which no release was requested, uses that exceed the uses allowed pursuant to a release, or uses based on alterations not allowed pursuant to Paragraph 7.
14. Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration in the following location New York and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $300 shall not be subject to this arbitration provision.
15. Miscellany. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties, except that the Client may authorize expenses or revisions orally. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be governed by the laws of the State of New York.
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