PhotoAlto Agency. A uniquely European tendency and style, coupled with the adoption of contemporary themes, avant-garde photographic styles and techniques, selective editing and unparalleled post-production expertise.
PhotoAlto website terms and conditions of use
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU (“LICENSEE”) AND PHOTOALTO, INC. BY CLICKING THE "I ACCEPT" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement. If you are acting on behalf of a disclosed principal, both you and your client jointly liable for payment of any licensing fees, PHOTOALTO reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.
Ownership of this website
This website is owned and operated by PHOTOALTO. 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.
License
Comp Use: PHOTOALTO grants Licensee a personal, nontransferable, nonexclusive license to copy the 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. The Image(s) may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Image(s) may not be used in any final materials distributed internally or to the public. All other rights are reserved to PHOTOALTO. Licensee must contact PHOTOALTO at info@photoalto.com to obtain a license for additional use. Other than the above Comp Use, Images may not be used in any way, until an invoice granting usage rights is paid in full. Unless otherwise agreed, use of any Image is granted to the United States only and is limited to one year from date of invoice. Additional Use: PHOTOALTO grants you the non-exclusive right to use the Images according to the rights selected and indicated on the menu of the PHOTOALTO on-line licensing process.
General website restrictions
NO META SEARCHING OR FRAMING: You may not take the results from a PHOTOALTO search and reformat and display them, mirror or “frame” the PHOTOALTO 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.PHOTOALTO.COM. You may not send automated queries of any sort to PHOTOALTO’S system without express permission in advance from PHOTOALTO.
Sensitive issues
If you wish to use one of the images in connection with a sensitive or controversial subject such as, but not limited to : alcohol, substance abuse, domestic abuse, contraception, tobacco, sexual subjects, AIDS, or serious mental or physical illness, we require that you notify us in writing and obtain advance written permission for these uses. In most cases, PhotoAlto will contact the model or the copyright owner of the image to obtain this permission. PhotoAlto retains the right not to permit reproduction of any image(s) for any reason whatsoever.
Digital files
Except as permitted under a license agreement, Licensee must delete any Images downloaded and stored in any electronic and removable media and destroy any other copy of the Images. The copyright symbol, the name of PHOTOALTO and the image number or other identification number associated with the Image(s) as may be included as part of the electronic file.
Payment terms and cancellation policy
Time is of the essence in the performance by Licensee of its obligations for payments. Payment of the invoice herein is to be net thirty (30) days unless paying by credit card. Any account not paid within the payment terms will be subject to a finance charge of one and one-half percent (1.5%) per month on that portion of the unpaid balance. Collection fees for uncollectible accounts will also be added to unpaid balances. Any claims for adjustment or rejection of terms must be made to PHOTOALTO in writing within ten (10) days after receipt of invoice. If PHOTOALTO is notified within 10 days, Licensee will receive a 50% refund. If PHOTOALTO is notified after 10 days, Licensee will not be entitled to any refund.
Links to third party sites
The linked sites are not under PHOTOALTO’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. PHOTOALTO is not responsible for webcasting or any other form of transmission received from any linked site. You acknowledge that PHOTOALTO provides the links to you only as a convenience and it not endorse the linked sites or their use or contents.
Indemnity
Licensee agrees to indemnify and hold PHOTOALTO, 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.
General disclaimers
PHOTOALTO 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 LICENSEE MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. PHOTOALTO 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 PHOTOALTO. DELIVERY OF AN EXISTING RELEASE (UPN REQUEST) DOES NOT WARRANT VALIDITY OF SUCH RELEASE. ABSENT SUCH EXPRESS WARRANTY, IN WRITING, LICENSEE AGREES TO INDEMNIFY AND HOLD HARMLESS PHOTOALTO AGAINST ANY AND ALL CLAIMS ARISING OUT OF LICENSEE USAGE. DIGITAL FILES ARE PROVIDED "AS IS." PHOTOALTO MAKES NO REPRESENTATION 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. PHOTOALTO 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.
Limitation of liability
UNDER NO CIRCUMSTANCES WILL PHOTOALTO, OR THE COPYRIGHT OWNER OF THE IMAGES, 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 COPYRIGHT OWNER OF THE IMAGE AND PHOTOALTO SHALL BE THE FEE PAID FOR THE IMAGE TO PHOTOALTO.
Unauthorized use / retroactive license fee
Any use of Image(s) in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling PHOTOALTO to exercise all rights and remedies available to it under copyright laws around the world. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. In addition and without prejudice to PHOTOALTO other remedies under this Agreement, PHOTOALTO reserves the right to charge and Licensee agrees to pay a fee equal to five (5) times PHOTOALTO normal license fee for use of the Image(s).
Miscellaneous
Jurisdiction and Attorney’s Fees 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 PARIS, FRANCE. Judgment upon the award rendered may be entered in the highest court of the forum, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the country of FRANCE. If Licensee 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 FRANCE in the manner described here. Copyright claims shall be brought in the FRENCH Court having jurisdiction. Licensee agrees to be subject to the jurisdiction of the FRENCH Court located in the city of PARIS, FRANCE. If PHOTOALTO 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 Licensee. No Assignment: This agreement is not assignable or transferable on the part of Licensee. No Waiver: No action of PHOTOALTO, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of PHOTOALTO 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. Entire Agreement: This Agreement and the Invoice contains all the terms of the agreement between PHOTOALTO and Licensee 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 Licensee, the terms of this Agreement shall govern.