TERMS OF SERVICE

All customers, clients and end users are subject to the terms and conditions of Simpson Studios legal and copyright agreement. Image license agreement between Simpson Studios and the contracting client including 'clients of" contracting client.

 

SECTION 1- IMAGE USE

1.1 This license is individual, non-transferable and non-exclusive. This license permits the Licensee the right to use the photographs on any type of medium, for any sort of utilization, (as example the illustration of press articles, advertising or on-line use) as well as the right to carry out any form of reproduction, printed or digital, needed for marketing with said photographs.

This license is granted with a time limit based on the life of the property listing with the current contracting client (real estate agent) unless a clause is breached. This license  authorizes Licensee to crop the photographs, to take elements out of them, to use them partially, to touch them up or add elements to them. This license does NOT allow a 3rd party to manipulate the images in any way. 

 

1.2 The following uses are not authorized in compliance with the license granted here. Before use in any of the following cases, it is mandatory to contact Simpson Studios in order to pay an additional license: For any use of the photographs in a third party product or if they are to be commercialized, of which they represent the main value, including but not limited to: reports, postcards and posters; for any billing activity through a commercial network, reproducing the whole or part of a photograph.

 

1.3 Licensee is not permitted to resell, sub-license, give, lend, sublet, distribute the whole or part of an image, regardless of size and resolution, unless licensee is acting on behalf of a client as advertising agency or similar

 

It is forbidden to use the photographs in a context which might be political, slanderous, immoral, offensive or degrading

 

1.4 Simpson Studios certifies that it is entitled to all the commercial rights pertaining to the photographs.

 

1.5 All rights pertaining to the photographs are owned by Simpson Studios. The granting of this license does not imply a transfer of ownership.

 

The photographs are protected by the laws on royalty and copyright. Licensee is therefore under the obligation to use the photographs like any other protected product.

 

Any representation or reproduction, complete or partial, carried out without the consent of Simpson Studios may be considered a breach of licensure.

 

1.6 All images provide by Simpson Studios to the Licensee are  owned by Simpson Studios unless otherwise stated.

 

All images provided by Simpson Studios may have been captured using Simpson Studios staff, contractors or third parties.

 

In the event that Simpson Studios uses a third parties’ supplier, Simpson Studios will obtain the contractual right to license the images.

 

1.7 Simpson Studios may resell image rights to third parties, other real estate agents or advertising agencies.

 

The resale of image rights may only be completed once the current advertising use has ceased.

 

 

 

SECTION 2- DISCLOSURE TO VENDORS, TENANTS, INVESTOR OR ANY ASSOCIATED PERSON(S)

2.1 In accordance with the terms of this agreement Licensee must disclose to the client, vendor, tenant, investor or any associated person(s) involved

with the property that is being photographed that the images captured are bound by the image use agreement (section 1.1) and that all image captured

or produced remain the property of Simpson Studios and may only be used for the life of the listing.  This disclosure is normally indicated on the vendors

advertising schedule and may or may not include this entire document. Upon request from a vendor or associated person this document may be presented.

 

2.2 The vendor, tenant, investor or any associated person(s) may obtain copies of the images for personal use only and must not reproduce, resell or redistribute those images for commercial purposes or for marketing use with another selling agent or marketing company. All copies provided will include a watermark or security tag.

 

2.3 All photography bookings are a direct contract between Simpson Studios and the company booking the job such as the advertising agency or listing agent. The vendor, tenant, investor or any associated person(s) are not involved in the contract between Simpson Studios and the listing agent and have no rights over any images unless specifically requested.

 

 

 

SECTION 3- TERMINATION

3.1 The license contained in this Agreement may terminate automatically without notice from Simpson Studios if Licensee fails to comply with any provision of this agreement or fail to pay any accounts or monies owed. Upon termination, Licensee must immediately:

 

(i) stop using the Digital Photos; and

 

(ii) Delete any Digital Photos and all copies of all digital media and destroy all other copies, upon request of Simpson Studios.

 

Section 4- Resale 4.1 Images may be resold to vendors or interested parties, resale of images can only be done where the original contracting client has given permission for the images to be re-distributed.

 

4.2 All image resale will incur an admin and re-license fee – (See fees)

 

 

 

SECTION 5- GOVERNING LAWS

5.1 This Agreement will be governed in all respects by the laws of the United States. The Courts of the U.S. shall have the nonexclusive jurisdiction to hear any disputes under this Agreement. Notwithstanding the foregoing, Simpson Studios shall retain the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Simpson Studios, such action is necessary or desirable.

 

 

 

SECTION 6 – FEES

All images and services are initially licensed at a subsidized single usage rate as set out in Simpson Studios current pricing.

 

Some images may be resold at Simpson Studios sole discretion.

 

Image re-license fee per image – Price range $50 – $550.00 not including tax, depending on image and subject to approval, full image sets can only be re-licensed as a full set with approval and the price is decided by Simpson Studios.

 

Image infringement, copyright and ownership transfer price range based on image, circulation and usage $500 – $2,000 per image

 

 

 

SECTION 7 – UNAUTHORIZED IMAGE USAGE

Simpson Studios holds the master copyright to all images, floor plans, renders and graphics produced by Simpson Studios; Simpson Studios' staff and Simpson Studios' contractors.  All images are provided to clients under license only.

 

Any one individual, company, corporation or entity using Simpson Studios' images without proper written authorization may be liable to costs associated with copyright, damages, loss of business or defamation of brand.  In addition images found being used in an unauthorized capacity will be subject to full copyright fees as set out in Section 6 of Simpson Studios terms and conditions.

 

Any unauthorized usage may be pursued via legal representation of  Simpson Studios, and in accordance with the  Federal Copyright Act of 1976 and including any other related state and federal laws.

 

 

 

SECTION 8 – BOOKING AND CANCELLATION FEES

8.1 – Cancellation of bookings must be made via 24 hours prior to the actual job date/time for real estate agents, for builders and one-off projects 3 days’ notice for cancellation is required.  Cancellations must be made in writing via email to simpsonstudios@outlook.com

 

Cancellations made within these timeframes will not incur a fee. Cancellations made outside the above times will in incur the following fees: $100 for real estate jobs and 25% of the quoted price for commercial jobs.

© 2018 by Simpson Studios. All Rights Reserved

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