1. Payment for the leasing of images owned and copyrighted by Luxner News Inc. shall be negotiated on a case-by-case basis depending on the type of usage of the image or images in question, and, in the case of publications, the circulation of the newspaper or magazine planning to publish the image.
2. No reproduction whatsoever is permitted without Luxner News Inc.'s written permission specifying usage and fees. This includes the unauthorized downloading of images for usage on corporate websites. Photographs or slides may not be reproduced, copied, projected, or used in any way without (a) express written permission on our invoice stating the rights granted and the terms thereof, and (b) payment of said invoice. The reasonable and stipulated fee for any other usage shall be two times our normal fee for such usage. Except where outright purchase is specified, all photographs and rights not expressly granted remain the exclusive property of Luxner News Inc. without limitation.
3. If your company or publication requests actual 35mm transparencies, you agree to return all photographs safe and undamaged via registered mail, bonded messenger or air courier (Federal Express, DHL, Airborne Express, UPS). Submission and use rights granted are specifically based on the condition that user (or recipient) assumes insurers liability to (1) indemnify photographer for loss, damage or misuse of any photograph(s) and (2) return all photographs prepaid and fully insured, safe and undamaged by bonded messenger, air freight or registered mail. User (or recipient) assumes full liability for its employees, agents, assigns, messengers and freelance researchers for any loss, damage or misuse of photographs.
4. Reimbursement for loss or damage shall be determined by a photograph's reasonable value which shall be no less than US$1,500.00 per transparency.
5. User will indemnify Luxner News Inc. against all claims and expenses arising out of the use of any photograph(s) unless a model or other release was specified to exist, in writing, by agency.
6. Holding fees: You are welcome to hold this submission for 4 weeks (no holding fee). Please send back images that you do not plan to hold for additional consideration after the initial selection is complete. These images are part of my working stock, and it is a hardship to take them out of circulation for a prolonged period. Material held beyond 30 days incurs a charge of US$5.00 per slide per week.
7. A research fee of US$65.00 will be billed upon final return of these pictures. This fee is waived if you lease rights to one (1) or more of the photographs in a given submission.
8. Any dispute in connection with this memo including its validity, interpretation, performance or breach shall be arbitrated in Bethesda, Maryland, pursuant to rules of the American Arbitration Association and the laws of the State of Maryland. Judgment on the arbitration award may be entered on the highest federal or state court having jurisdiction. Any dispute involving $1,500 or less may be submitted, without arbitration, to any Court having jurisdiction thereof. Recipient shall pay all arbitration and Court costs, reasonable attorneys' fees plus legal interest on any award or judgment.
9. Recipient agrees that the above terms are made pursuant to Article 2 of the Uniform Commercial Code and agrees to be bound by same. Objection to above terms should be made in writing within ten (10) days of this memo's receipt. Holding materials constitutes acceptance of above terms which incorporate hereby Article 2 of the Uniform Commercial Code, and the Copyright Act of 1976.
