STANDARD TERMS FOR IMAGE RENTAL
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU (“USER”) AND THE NEAL PETERS COLLECTION BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Access to this Site is restricted to registered users only. The Neal Peters Collection reserves the right to bar, any user from this Site, either temporarily or permanently, if found to be violating these terms.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by The Neal Peters Collection. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other US and international laws or treaties relating to intellectual property. The Neal Peters Collection is not the copyright or trademark owner of the television and film publicity images, but only provides access to the material. Additional permissions may be required to use these images.
PASSWORD PROTECTION AND SECURITY
This web site is password protected. Only registered users who have received an authorized Password from The Neal Peters Collection 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.
PERMITTED EDITORIAL USAGE
LAYOUT USE: The Neal Peters Collection grants User a personal, nontransferable, nonexclusive right to copy the low res watermarked Images selected onto its computer hard drive and to use the image(s) and any derivative works or copies (collectively, the "Image(s)") on one computer and with one user at a time only in the United States for sample layout use for editorial purposes solely in accordance with the terms of this Agreement. You acknowledge that you do not acquire any ownership rights by downloading any Image. All other rights are expressly reserved by The Neal Peters Collection
FINAL EDITORIAL USE: You must contact The Neal Peters Collection and obtain a high resolution file and permission to use any IMAGE for final editorial use. You undertake to accurately and fully disclose to The Neal Peters Collection the intended use of any Images selected for downloading from this Site.
NO ADVERTISING USE
Images are supplied strictly for editorial use only in accordance with the Agreement and cannot be used for promotion or advertising.
ALTERING THE IMAGE
Images may be cropped, positioned, enlarged or reduced for layout purposes but you may not change or manipulate the Images to distort the meaning or alter the integrity of the subject matter. nor the meaning distorted.
OTHER RESTRICTIONS AS TO USE
The following uses are prohibited:
- Use of the Image beyond the terms of the agreement without first obtaining additional permission.
- Create any derivative use of an Image unless expressly permitted.
- Sublicense, re-license, rent or lease any of the Images.
- 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 or 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 Neal Peters Collection.
- Use of any Image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter.
- Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with The Neal Peters Collection in any manner.
- 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.
Images must be published with a credit line as indicated by The Neal Peters Collection You must include photographer, film company or other source credits where provided by The Neal Peters Collection.
The Neal Peters Collection reserves the right to automatically terminate the license contained in this agreement without notice if you, or your employer, fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. The Neal Peters Collection reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future.
Except as permitted under any agreement, User must delete any Images downloaded and stored in any electronic and removable media and destroy any other copy of the Images. The name of The Neal Peters Collection, caption information and the image number or other identification number associated with the Image(s) as may be included as part of the electronic file.
Time is of the essence in the performance by User of its obligations for payments.
Payment of the invoice herein is to be net thirty (30) days. Any claims for adjustment or rejection of terms must be made to The Neal Peters Collection within ten (10) days after receipt of invoice.
Once you order an Image from The Neal Peters Collection for delivery, it is reserved for your use and unless you advise The Neal Peters Collection by e-mail or by fax within 5 Days after delivery, you will be invoiced for the requested use
LINKS TO THIRD PARTY SITES
The linked sites are not under The Neal Peters Collection’s control and it is 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. The Neal Peters Collection is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that The Neal Peters Collection provides the links to you only as a convenience and it not endorse the linked sites or their use or contents.
User agrees to indemnify and hold The Neal Peters Collection, 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 NEAL PETERS COLLECTION GIVES NO RIGHTS OR WARRANTIES WITH RESPECT TO THE USE OF THE IMAGES, 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 NEAL PETERS COLLECTION IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY THE NEAL PETERS COLLECTION. THE NEAL PETERS COLLECTION IS NOT THE COPYRIGHT HOLDER OF THE TELEVISION AND FILM PUBLICITY IMAGES, AND ONLY PROVIDES USER WITH ACCESS. USER IS RESPONSIBLE FOR DETERMINING WHETHER ANY ADDITIONAL PERMISSION IS NEEDED AND OBTAINING ANY SUCH PERMISSION.
DIGITAL FILES ARE PROVIDED "AS IS." THE NEAL PETERS COLLECTION MAKES NO RE PRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. THE NEAL PETERS COLLECTION MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNITERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE NEAL PETERS COLLECTION BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS SITE. IN ANY EVENT, THE LIMIT OF LIABILITY OF THE NEAL PETERS COLLECTION SHALL BE THE FEE PAID FOR THE IMAGE TO THE NEAL PETERS COLLECTION.
When you visit this website, some information may be collected automatically as part of the site's operation such as your IP and email address and navigational information. The Neal Peters Collection shall not use your personal information in any way other than in connection with the operation of the Website, and shall keep this information confidential unless required to do otherwise by operation of applicable law.
About Cookies When you visit this website, a text file called a cookie is placed in the browser directory of your computer's hard drive. A cookie is information that a website can store on your web browser and later retrieve. The information that cookies collect includes the date and time of your visit, your registration information and your navigational and viewing. It allows the web browser to recognize the pages you have been to when you are visiting the site, your use of light boxes and allows you to quickly return to viewed pages. Cookies are not linked to you as an individual and cannot be used to track where you have been either before or after you visit The
Neal Peters Collection’s site. Most browsers allow you to decline cookies, but if you elect to do so, certain pages and user features such as light boxes may not display properly. You are free to delete cookies after your session, and your browser should contain instructions on how to do this.
Jurisdiction and Attorney’s Fees:
The Neal Peters Collection operates this site from its office within New York State in the United States of America. The Neal Peters Collection makes no representation that materials in the site are appropriate or available for use in other locations. 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 New York, New York, pursuant to the 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 New York. If User 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, 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 of the Southern District of New York. If The Neal Peters Collection 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.
This agreement is not assignable or transferable on the part of User
No action of The Neal Peters Collection, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of The Neal Peters Collection in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion.
This Agreement and the Invoice contains all the terms of the agreement between The Neal Peters Collection and User and no term or conditions may be added or deleted unless made in writing and signed by both parties. In the event of any inconsistency between the terms contained herein and the terms contained on any purchase order or other writing sent by User, the terms of this Agreement shall govern.