MVPix.com : General License Terms and Conditions

General License Terms and Conditions

All images and photographs on MVPix.com are rights protected. Photographs are purchased for a specific, clearly defined use, and the price is determined by the scope of that use. This benefits the home and/or private user by providing him/her with high quality photographs at lower prices.

You may not use the photographs in any way, other than that which is explicitly stated in the purchased license, without paying an additional fee. For example, if you purchased a Personal Use License, and then wanted to use the photograph in a commercial project, you would have to contact us to purchase additional rights. The invoice associated with the purchase will describe the exact scope of the permitted use of the photo, and will be subject to our General License Terms and Conditions. You'll find that these provisions are straight forward, and industry standard.

General License Terms and Conditions
for the Use of MVPix.com
Rights-Protected Photographs

Essential information

You should carefully read the following terms and conditions. Your purchase or use of this product signifies your acceptance of these terms and conditions.
License
1. Rights protected photographs
  
  Rights Protected Photographs means that MVPix.com attempts to avoid photograph conflicts between users in the same industry, for the same usage, within a specific time period. Rights Protected Photographs include exterior or cover photos in advertising, brochures and books, but do not include interior photos, audio-visual use, one-sheet direct mail pieces or internet use, unless specifically negotiated.
2. Limited use granted
  
  Permission to utilize the photograph(s) is only granted for the use specified on the face of the invoice and for no other purpose, including promotional and/or electronic usage. Permission is only effective after you pay the invoice and no rights are granted by your possession of the photograph(s) or the invoice. Uses are granted for the United States and Canada for a maximum of 30 days, unless otherwise specified. All rights not granted on the invoice are specifically reserved for MVPix.com's use and future disposition without any limitations whatsoever. You agree to provide us with a certified statement setting forth the number of sales, sublicenses, adoptions, transactions and uses of our photographs in any publication on a semi-annual basis (June 30th and December 30th).
3. Additional licenses available
  
  If you require additional rights, or a prohibition or limitation on other uses of a photograph you have selected, you can request and pay for an additional license.
4. Re-use
  
  You assume responsibility to contact MVPix.com 30 days prior to the expiration of usage rights in order to request and negotiate for rights to re-use the photograph for the same usage as outlined in the invoice.
5. Responsibility for use
  
  You agree not to use the photograph(s) in any way that could be considered defamatory, pornographic or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. You should assume that there are no Model Releases available for any photographs appearing on MVPix.com, unless it is explicitely indicated on the photograph's description page. If this is the case, you may contact us for verification of the Model Release.
6. Model release
  
  You agree to take legal and financial responsibility for complying with all terms of the photograph's model release, if one is available or required.
7. Unauthorized use
  
  You agree not to make, authorize, or permit any use of a photograph or its derivative (use of a photo as source to create another photo or image) except as authorized by the invoice. In the event you utilize a photograph for any use other than that indicated on the invoice, including but not limited to the number of uses, the publication utilized, or the size of reproduction, MVPix.com agrees to forego its right to sue for copyright infringement if you pay, as liquidated damages, a sum equal to three (3) times the maximum price we would have charged for such use, within the (10) days of our billing such fee. If you fail to make such payment in (10) days, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and breach of contract.
8. Indemnification
  
  You agree to indemnify and hold MVPix.com and all officers harmless against all claims arising out of the use of any photograph, and for the defamatory use of a photo in any manner or context. In any event, MVPix.com's liability for any improper use of a photo shall be limited to the sum paid in accordance with our invoice, which specifies the use of the particular photograph involved. If our invoice was not paid prior to using a photograph, MVPix.com shall be absolved from any and all liability and held harmless by you from all claims arising out of any usage, since such use was without proper authority.
9. Assignment of this license
  
  The rights granted by this license are granted only to the initial purchaser of this product and are not transferable to any individual, congregation, or other organization without our prior written consent.
10. Payment terms
  
  No rights are granted until our invoice is paid in full.
11. Project samples
  
  In the event that a photograph is reproduced for business or commercial purposes, as a condition of use, you agree to send at your own expense to MVPix.com two (2) free samples containing a reproduction of the photograph within 30 days of use. Failure to supply a copy of the project shall be considered to be material breach of this Agreement.