TERMS AND CONDITIONS FOR WEBSITE USE AND DIGITAL DELIVERY OF IMAGES
NOTICE TO USER:
This is a legal agreement between you ("licensee") and The Hollywood Archive. (hereafter referred to as "AGENCY","The Hollywood Archive", "WE" and "OUR"). Use of The Hollywood Archive's site or acceptance of digitally delivered files indicates your consent to be bound by the terms of this Agreement. If you do not wish to be bound by this agreement, do not accept the digital files and discontinue using this site immediately.
OWNERSHIP OF THIS WEBSITE AND IT'S CONTENT:
This website is owned and operated by The Hollywood Archive. All content included on our site, or digitally delivered, such as photographs, illustrations, images, text, audio clips, video clips, software and general design (referred to as "content") is owned by The Hollywood Archive or our content providers and is protected by copyright, trademark, trade dress and other US and international laws relating to intellectual property. For the protection of The Hollywood Archive and our content providers, images may be watermarked and/or digitally watermarked. For select television and film publicity images, The Hollywood Archive is not the copyright owner and is only providing access to its copy. You are solely responsible for obtaining additional third party clearances. The Hollywood Archive does not offer any advice and you must determine what rights you may need. Most Images are only available for editorial use and no advertising use shall be granted without express written consent.
"The Hollywood Archive" logos are registered trademarks of The Hollywood Archive. You may not use our trademarks without written permission.
Comp Use: The Hollywood Archive grants, media professionals only, a personal, nontransferable, nonexclusive right to copy the low resolution images you have selected onto your computer hard drive and to use the image and any derivative works or copies (collectively, the "Image") on one computer and with one user at a time only in the United States. The Image may only be copied, modified and incorporated in materials for comprehensive layouts ("Comps"). Please note that a fee may be assessed for this use. The Images may not be used in any final materials distributed internally or to the public. You must contact The Hollywood Archive to obtain permission for additional use.
Additional Use: The Hollywood Archive grants you the non-exclusive right to use the Images providing full payment of The Hollywood Archive’s INVOICE IS MADE WITHIN 30 DAYS. The Hollywood Archive’s Invoice will set forth the details of the order and conditions of use. Unless otherwise agreed, use of any Image is limited to one year from date of invoice. To obtain exclusive rights you must contact an account representative at The Hollywood Archive.
USE RESTRICTIONS – (PROHIBITED)
- Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license.
- The creation of any derivative use of an Image unless indicated on the invoice.
- Alteration or cropping unless the change is approved by The Hollywood Archive in writing.
- 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 any Images on any DATABASE without The Hollywood Archive’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 The Hollywood Archive.
- 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 The Hollywood Archive in any manner.
- Use of software to "crawl" or search our database and/or retrieve Images or related information without prior written consent from The Hollywood Archive.
- 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.
No model releases or other releases exist on any Images unless the existence of such release is specified in writing by The Hollywood Archive.
Licensee agree to indemnify and hold The Hollywood Archive and the copyright holder, 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.
The Hollywood Archive 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 image, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured. The Hollywood Archive identified the caption for each image to the best of its ability, but cannot be held responsible for erroneous or incomplete caption information.
The Hollywood Archive only provides access to the images in it's Archive and unless otherwise specified in writing, The Hollywood Archive is not the copyright or trademark owner of any images on this site or images delivered digitally. Images are provided for editorial purposes solely. User is responsible for securing any additional permissions.
In any event and under all circumstances, the limit of liability of The Hollywood Archive shall be the sum paid to The Hollywood Archive per the invoice for the use of the image involved.
"AS IS" DELIVERY OF DIGITAL IMAGES:
The The Hollywood Archive Site and it's content are provided to you on an "as is" basis. We make no warranties of any kind, either express or implied, including but not limited to: the implied warranties of merchantability, fitness for a particular purpose, or noninfringement to the fullest extent permissible pursuant to applicable law.
Although we use our reasonable best efforts to insure the accuracy of the content on our site, we make no representations or warranties as to the accuracy, correctness or reliability of the content. Further, we make no representations or warranties that the functional aspects of our site will be uninterrupted or error-free or that our site or the server that makes it available are free of viruses or other harmful components. (Because some jurisdictions do not allow for the exclusion of implied warranties, some of these exclusions may not apply to you.) You acknowledge that your use of our site is at your own risk.
LIMITATION OF LIABILITY:
Neither The Hollywood Archive nor our content providers, directors, officers, employees, partners, licensors or agents will be responsible or liable to you for any direct, incidental, consequential, indirect or punitive damages that result from your access to our use of the content on our site or from images delivered digitally.
PROTECTION OF IMAGES:
Other than the above listed 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 The Hollywood Archive or the particular copyright owners. 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 therefrom 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 The Hollywood Archive's use and disposition without any limitations whatsoever.
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. The Hollywood Archive's copyright information and Image identification number must be retained with the digital files while you retain them.
LINKS TO THIRD PARTY SITES:
Linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. We are not responsible for web casting or any other form of transmission received from any linked site. You acknowledge that we provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.
GENERAL WEBSITE RESTRICTIONS:
NO META SEARCHING OR FRAMING: You may not take the results from a The Hollywood Archive search and reformat and display them, mirror or “frame” the The Hollywood Archive home page or results pages on your Web site. You may not link to any page of the Web site other than the home page located at www.The Hollywood Archive.com. You may not send automated queries of any sort to The Hollywood Archive’s website.
NO MINORS: Services on the web site are available only to, and may only be used by individuals eighteen years and older who can enter into legally binding contracts under applicable law.
PASSWORD PROTECTION AND SECURITY:
The search section of this web site (The Hollywood Archive Picture Vault) is password protected. Only registered users who have received an authorized Password from The Hollywood Archive and who are using their own unique password are permitted to access this web site. A condition of accessing the website is that you shall not divulge, upload, rent, sell, loan or exchange your password with any other person regardless of whether such person is another employee or subcontractor engaged by you or your employer or otherwise. If you become aware of any loss, theft or misuse of your password, you must inform us in writing immediately, otherwise may be liable for any loss or damage arising from such misuse. We reserve the right to terminate your access in the event of any misuse of your password.
Images used editorially must always appear with a credit line and copyright notice acknowledging the photographer as the holder of copyright and The Hollywood Archive as representative of copyright. In the event of omission of credit, then in addition to The Hollywood Archive's other remedies, the invoiced fee shall be tripled.
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 Los Angeles, California, pursuant to the commercial arbitration 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 California. 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 in Los Angeles County.
If The Hollywood Archive 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.
You are bound by this agreement when you access our site and until you have destroyed all content that you have downloaded, copied from our site or received via digital delivery; you are, in addition, bound by this agreement whether you downloaded or copied the content under the terms of this agreement or otherwise. This agreement is governed by the laws of the state of California, USA, without giving effect to any principles of conflicts of law. Venue for any action respecting this agreement, or use of content shall be in the state and federal courts sitting in Los Angeles County, California, and you hereby consent to the jurisdiction of such courts. We reserve the right to make changes to our site and to this agreement at any time without notice.
This agreement is not assignable or transferable on the part of User.
This contract contains all the terms of the agreement between us (The Hollywood Archive 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 you may issue 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 The Hollywood Archive within ten (10) days after receipt of invoice. In the event that any Images are used by User in publications, User shall provide The Hollywood Archive with two (2) free copies of such publication immediately upon printing.