Photo Permission Agreement
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This legal agreement (the “Agreement”) is made by and between the Client and Simplicity& Coffee (Owner of the Images) from the moment of posting photos by Simplicity& Coffee and is valid in perpetuity.
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The parties agree as follows:
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1. License. Simplicity & Coffee has full ownership of all images on their website, unless otherwise specified below the image. Simplicity & Coffee warrants that it has the right to grant permission for the uses of the photo as specified above, that the Photo does not infringe the rights of any third parties, and if a model release is required, Simplicity & Coffee warrants that a model release is available for the Photo.
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2. Ownership of Photos. The Client agrees that, subject to the rights and licenses granted herein, Simplicity & Coffee / the Photographer is, and will remain, the sole and exclusive owner of all right, title, and interest, throughout the world, to all Photos and any copies of the Photos. Except as expressly provided in this Agreement, Simplicity & Coffee / the Photographer reserves all rights and licenses not expressly granted in this Agreement.
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3. Restrictions on Use. The Client will not use the Photos for any of the following purposes:
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(A). No Unlawful Use. The Client will not use the Photos in any unlawful manner, such as pornography or defamation.
(B). No Use in Trademark or Logo. The Client will not use the Photos in any trademark, design, logo or other marks.
(C). No Products for Resale. The Client will not use the Photos in any goods or products where the Photos are the primary value.
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4. Photo Notice and Markings. All photos will include a copyright notice in the name of the Photo Owner (Photographer). A Photo Owner may allow using his photos on other sites with an indication of his authorship on the photo.
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5. Limitations of Liability. Simplicity & Coffee will not be liable under this agreement to the Client or the other party, any affiliate or another third person for any indirect, incidental, consequential, special, reliance, or punitive damages or lost or imputed profits, lost data or cost of procurement of substitute goods or services.
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6. Assignment. Simplicity & Coffee may assign this Agreement, in whole or in part, to any affiliate or successor.
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7. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as for best to effect the intent of the parties. This Agreement shall be governed by and interpreted in accordance with the laws of State Washington of the United States and international copyright laws and treaties.
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8. Entire Agreement. This Agreement represents and constitutes the entire agreement between the parties, and supersede and merge all prior negotiations, agreements, and understandings, oral or written, with respect to any and all matters between the parties.
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