IMPORTANT INFORMATION

When you purchase a rights-protected image from Artbox, Inc., you agree to abide by the terms contained in this document.


  LICENSE FOR RIGHTS-PROTECTED IMAGES

1. Definition:
   
   The definition of rights-protected image is that Artbox will not sell the same photograph for the same use over a specified period of time. The use of these images as rights-protected includes all exterior use on books, advertising, magazines, corporate or other brochures; however, if you use these images for interior use, internet use, direct mail pieces that are only one page, or in audio-visual materials, the rights must be negotiated separately.
   
   
   
2. Limited Use Terms:
   
   You may only use rights-protected images as shown on a Artbox, Inc. invoice. They may not be used in any other way. You will not have the rights until you have paid the invoice sent by Artbox, Inc., and all additional rights are held by Artbox, Inc. You may only use rights-protected images in the United States for one year maximum. You must send Artbox a statement showing how many sales have been made, how many sublicenses have been granted, and any other use of the images. This statement must be certified and sent after the first six months and at the end of the one-year term.
   
   
   
3. Acquiring Additional Licenses:
   
   You may pay for additional rights or restrictions for any images that are rights-protected.
   
   
   
4. Re-use of Original License:
   
   Thirty (30) days before this license expires, you must contact Artbox if you wish to extend the term of the license for another year.
   
   
   
5. Your Responsibility for Using Artbox, Inc. Images:
   
   No rights-protected or other images from Artbox, Inc. may be used for pornography or any other way that is fraudulent or defamatory. If you need model releases for rights-protected images, Artbox will provide them, unless the model or subject of the image has not signed a model release.
   
   
   
6. Uses that are Unauthorized:
   
   You may not make another image from a rights-protected image, unless this is specifically negotiated with Artbox and shown on a Artbox, Inc. invoice. If you violate this copyright, Artbox will not prosecute if you pay three (3) times the amount of the original invoice within ten (10) days of being billed by Artbox, Inc. If you do not make the increased payment because you violated copyright, Artbox, Inc. reserves the right to prosecute you to the full extent of the law. You may be sued for breaching this contract and for infringing on copyright.
   
   
   
7. Indemnification:
   
   If you use an image that does not have a model release or if you use an image in a pornographic, defamatory, or fraudulent way, you are fully responsible for any claims that happen from said use. Artbox will be held harmless from any such claims. At the most, Artbox will only pay the amount of the original invoice which specifies the use you requested. If you had not paid the original invoice, Artbox will be cleared of any damages whatsoever.
   
   
   
8. Returning Images to Artbox after Invoicing:
   
   If you are sent an image from Artbox, Inc., you must return the image to Artbox, Inc. within ninety (90) days after the date of the invoice. Images must be returned prepaid and insured by registered mail, Federal Express or another express delivery service, or by a messenger service that is bonded. If you do not return the images within the ninety (90) day period, you will be liable to pay additional charges as outlined in section 7 of this license agreement.
   
   
   
9. Assigning Rights to Other Parties:
   
   You are not allowed to assign or transfer to anyone or any entity the rights we grant you for an image.
   
   
   
10. Terms of Payment:
    
    You may not use the image until the invoice is paid, as rights do not transfer to you until the invoice is paid in full. You must pay the invoice no later than thirty (30) days from receipt. Artbox, Inc. will charge a five percent (5%) service charge on all unpaid balances.
    
    
    
11. Sending Samples of Project Uses:
    
    If you reproduce an image from Artbox, Inc., you are required to send samples of how the image is used, and you must pay for sending these samples to Artbox, Inc. If you do not provide copies of any project where the image is reproduced, you will have breached this license agreement.
    
    
    
12. Copyright:
    
    No matter what the use of a rights-protected image from Artbox, Inc., you must give credit to Artbox with the following information: "© [year], Artbox, Inc." In other words, you must provide a copyright notice for Artbox, regardless of whether you use the image in a printed publication, Internet, or company Intranet site, or any other type of use. If you do not credit Artbox, Inc. for the image, you will be charged three (3) times the amount of the original invoice.
    
    
    
13. Waiver of Terms in this License:
    
    The only changes to these terms must be made in writing. Artbox is bound only by the terms of this license, not by any terms which may appear on your company purchase order, in a letter, or any other medium. If parts of this license are waived by Artbox, the rest of the license terms will remain the same.
    
    
    
14. Cancellation Policy:
    
    You must notify Artbox, Inc. within two (2) weeks after receiving the invoice if you decide not to use the image. You will receive a full refund. You will receive a fifty (50) percent refund if you do not notify Artbox, Inc. before sixty (60) days from the date of the original invoice. If you wait past sixty (60) days to notify Artbox, Inc., you will be required to pay the full amount of the invoice.
    
    
    
15. Arbitration:
    
    This agreement is executed and is intended to be performed in the State of Florida, and the laws of the State of Florida shall govern its interpretation and effect. Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by arbitration in Miami, Florida under the rules of the American Arbitration Association, if the two parties are unable to agree to arbitration terms within 30 days of initial notification that a dispute exists. Judgment on any arbitration award may be entered in any court having jurisdiction. Copyright claims will be in the jurisdiction of the Federal District court of the District of Florida.
    
    
    
16. Legal fees and Jurisdiction:
    
    You agree to reimburse Artbox, Inc. all costs and legal fees associated with any court action if Artbox is successful in this endeavor. The Superior Court of Florida, Dade County, and the United States District Court for the District of Florida are the correct forums for any legal actions that cannot be resolved with arbitration.
    
    
    
17. UCC (Uniform Commercial Code):
    
    You agree to be bound by these terms that are made according to the Uniform Commercial Code, Article 2.