Photo Licensing Agreement
Arizona Stock Media offers commercial photo licensing for use by small and large businesses alike. By purchasing licensing for a photo from Arizona Stock Media, you are supporting a local photographer. All photos are available for single-use cases under the pricing and purchasing available on this website. The purchase and use of any photo on this website is subject to the following terms:
The licensing agreement (the “Agreement”) is effective as of the date of purchase between SWG Media, LLC and/or Paxman Photography (the “Photographer”) and the party purchasing media from this website (the “Client”). All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Scope of this Agreement. This Agreement applies to any photograph created or taken by Photographer and delivered to the Client (collectively known as “Photos”) for non-exclusive commercial use. Non-exclusive commercial use means the client does not have exclusive rights to use the image and the photographer can license the same content to other customers. This Agreement governs the relationship between the parties and in no event shall modify the terms of this Agreement unless agreed in writing.
Rights: All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with limited right to reproduce, publicly display, and distribute the Photos on media such as websites, blog posts, social media, advertisements, marketing campaigns, corporate presentations, newspapers, magazines, books, film and television productions, web and mobile applications, product packaging, etc. The client does not need to include a photo credit for commercial use.
Restricted Use: The Client may not use the Photos in any way that allows others to download, extract, or redistribute content as a standalone file. Use of the Photos as a part of a trademark, design mark, tradename, business name, service mark, or logo is also prohibited without express consent from the Photographer. Unless purchasing an extended license, the Client may not use the Photos in connection with goods or services intended for resale or distribution where the primary value lies in the content itself including, but not limited to, cards, stationary items, paper products, calendars, apparel items, posters, DVDs, mobile applications, or other items for resale, license or other distribution for profit.
Relationship of the Parties: The parties agree that Photographer is an independent contractor, and that neither Photographer, nor Photographer’s employees or contract personnel are, or shall be deemed to be, employees of Client. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Photographer and the Photos or any other deliverables prepared by Photographer shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Client are contractual in nature and are expressly defined by this Agreement.
Delivery: Photographer will deliver photos in a standard JPEG format, at a resolution that Photographer determines will be suitable for the Photos as licensed. It is the Client's responsibility to verify that the Photos are suitable for reproduction and that if the Photos are not deemed suitable, to notify the Photographer with five (5) business days. Photographer’s sole obligation will be to replace the Photos at a suitable resolution but in no event will Photographer be liable for poor reproduction quality, delays, or consequential damages.
No Exclusivity: This Agreement does not create an exclusive relationship between the parties. Client is free to engage others to perform services of the same or similar nature to those provided by Photographer, and Photographer shall be entitled to offer and provide design services to others, solicit other clients and otherwise advertise the services offered by Photographer.
Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Client is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
General Law/Arbitration: This Agreement sets forth the entire understanding and agreement of the parties, and supersedes any and all prior agreements between the parties. This Agreement shall be governed and interpreted and enforced in accordance with the laws of the State of Arizona. Any claim or litigation arising out of this Agreement or its performance may be maintained only in courts physically located in Navajo County, Arizona, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.