WEBSITE OWNERSHIP Our website is owned and operated by Close Encounters of the Furry Kind, LLC, a stock photography agency, from here on referred to as Close Encounters. Every aspect of this site, including its content and design are protected by U.S. and international laws relating to intellectual property, as well as copyright, trademark and trade dress.
USAGE OF IMAGES Close Encounters grants you the one time, non-exclusive, non transferable right to use our images according to the agreed rights selected and indicated by a written contract between Close Encounters and the user prior to use. An invoice with these specific rights will be provided to you upon our prior verbal agreement of your specific needs. All other rights are reserved to Close Encounters and its contributors. Close Encounters must be notified prior to any reuse of an image beyond the licensed period initially agreed upon and no electronic or promotional rights are given unless specified in user’s written license agreement. Close Encounters will not grant license to an image until payment in full is received.
Publishers, editors and other established cliental are granted the non-exclusive, non-transferable, one time right to use a copy or derivative copy of our images on one computer for use in mockups, as a presentation or preliminary rough layouts prior to production. This is limited to use in the United States, on one computer, with one user at a time unless otherwise agreed by both parties. These copies may only be used in house and are not for use on the internet or other digital media.
This agreement outlines all the terms of our contract regarding all aspects of use of our images. No term or condition can be added or deleted without the express permission in writing by Close Encounters and signed by both parties. This agreement and its terms and the terms of any invoice that might follow, supersede any and all terms of a client’s purchase order. Each individual agreement could have its own terms and conditions depending on the usage of the images. Subsequent invoices might contain additional terms in reference to the usage and rights granted for those images and that particular contract.
IMAGE RESTRICTIONS User may not transfer or assign this agreement to any other party.
Images may not be altered, including derivative works, without prior agreement with Close Encounters.
Images may never be used in a manner to infringe on a persons right to privacy or publicity or in any manner suggesting obscenity, pornography or defamatory.
Images may not be used beyond the written terms of the original contract with Close Encounters without prior consent from us and a new license contract for reuse must first be in place.
Misuse of an image is the full responsibility of the user, its employees and other agents. Images are not to be transmitted to any database, archived or republished without prior consent by Close Encounters and should not be distributed to or used by any other party other then the authorized user. Sublicensing, renting, leasing or re-licensing of an image is not permitted.
Infringing on any trade name, trademark or service mark is prohibited.
Images may not be used in any way that export laws, regulations or restrictions prohibit, nor are they allowed to be transferred, exported or shipped into another country other then the United States. If the image is to be used internationally Close Encounters must first be notified and the contract reflect this in our agreement.
Unless prior consent is given by Close Encounters and is included in the contract, any electronic media, including web based applications (website designs, electronic greeting cards, presentation templates, business cards and the likes) with the intent to create multiple impression of a printed or electronic product is prohibited.
Close Encounters will not license an image to be used to promote any other business which licenses or sells photographic images which would create a conflict of interest.
UNAUTHORIZED USE
In the event of unauthorized use of an image, one deviating from the written agreement and invoice existing between the user and Close Encounters, we will agree to forego any legal action for copyright infringement and/or breach of contract, if the user agrees to pay as liquidated damaged, a usage fee 7 times the regular usage fee for each wrongfully used image. This fee shall be payable within 14 days of our billing for this fee. Untimely payment of this fee may result in our pursuing legal action. The user will also be responsible for any attorney’s or other fees associated with such action.
INDEMNITY The user agrees to indemnify and hold Close Encounters, and its copyrighted contributors, harmless from any and all liabilities, claims, damages, expenses and fees, including reasonable attorney's fees that should arise from the use of an image or any breach of this agreement.
MODEL RELEASES Model releases are available for most dog, cat and children photographs upon request. All other subjects including people will be indicated on the detail page of that specific image if available.
PHOTO CREDIT A credit line of Close Encounters of the Furry Kind, LLC shall appear with the use of each image, except when one of our contributor's image is selected then the credit line will appear as Close Encounters/Contributors name.
Copyrights of all images shall remain the property of Close Encounters and its contributors. Copyrights can not be bought outright without express written agreement of the copyright owner of the image, no transfer of copyright ownership to the user is expressed or implied.
NO WARRANTY/ LIABILITY LIMITATIONS Close Encounters Grants No Rights nor implies any warranties with respect to the use of works of art, trademarks, logo types, registered or copyrighted designs or names depicted in any of its or its contributors images. The user must satisfy itself that all necessary permission rights and/or consents that might be required for reproduction are secured. Close Encounters has provided caption information for each image that is correct to the best of our knowledge and ability, we however will not be held responsible for accuracy with the captioning or any other content, or for missing information in the captions of it or its contributor’s images.
Close Encounters and its contributors will under no circumstances be liable for any punitive damages, consequential, incidental, direct or indirect whether from the use or access of the images on our site or as a result of the use of this site. The limit of liability of the copyright owner of the image and agent, in any event, shall be the fee paid or the image to the agent.
DELIVERY OF DIGITAL IMAGES USE OF OUR WEBSITE AND ASSOCIATED LINKS, ARE TO BE AT YOUR OWN RISK although Close Encounters makes every effort to keep our site free of problems and uninterrupted.
Close Encounters makes no warranties expressed or implied that our images will be compatible with a particular operating system, specific equipment and/or software or to the marketability, non-infringement or suitability of an image for a particular purpose. The digital file will be considered “AS IS”.
Additional rights might be available to you under some state laws.
RETURN POLICY ON IMAGES OTHER THEN DIGITAL: In the event that an original 35mm slide is required of Close Encounters to be supplied to a user rather then our high resolution drum scan, it must be returned in the same condition that it was delivered within 3 months. This agreement should not be considered a bailment and is based specifically upon the image being safely returned to Close Encounters. In the event of loss or damage of said image, while in the users or its associates possession or while in transit to and from Close Encounters, the user will be held responsible for monetary damages at the reasonable value of such image determined by the industry standard of $1500.00 per image. User shall indemnify Close Encounters against any loss or damage to images in transit or while in the possession of the user. The delivery of the image must be made by a bonded courier service or registered mail with return receipt, prepaid and fully insured. It is understood upon acceptance of an agreement to use any image that the user agrees to these terms and conditions.
HOLDING DIGITAL FILES: All digital files retained by a client other then a calendar company, must be destroyed within one month and deleted from any electronic media, unless other terms have been agreed upon in writing by both parties. The original filenames and information must be retained with any images held by an agency. Calendar companies will have the duration of the calendar editing season to return or destroy digital images, unless arrangements have been made for them to hold digital images indefinitely for consideration in subsequent calendar years.
CLAIMS OR DISPUTES The Federal Court having jurisdiction shall hear any claims as related to Copyright issues.
In the event of any legal disputes, other then copyright issues, arising out of, but not limited to interpretation, performance, validity or breach of the agreement between Close Encounters and its client, will be settled by arbitration in Boone, NC in accordance with the guidelines outlined by the American Arbitration Association. A judgment rendered may be taken to the highest court of the forum, Federal or State, which has jurisdiction. The agreement between Close Encounters and its client will be interpreted as to its validity and effect, by the laws governing the State of North Carolina.
Clients who are employees or agents for an international company, but operate within the United States or its territories, agree that any dispute in reference to this agreement will be adjudicated within the U.S. in the same manner as described above.
If Close Encounters is required to present any claims or suit as a result of any breach of the terms outlined above, User will be responsible for all reasonable legal fees and other costs.
PAYMENT Prompt payment is expected and greatly appreciated to help us continue to supply quality images to our clients. Invoices are to be paid within 30 days of receipt, unless written agreement has otherwise been made in advance. Unpaid balances will incur a service charge of 1.5% on a monthly basis on all unpaid balances. Client must report any adjustment claims or rejection of terms within 14 days of receipt of invoice.
Once released from press, 3 courtesy copies of products bearing any Close Encounters image are to be supplied to us. Close Encounters requests the right to purchase additional copies of the work at a discount in price.
We are a rights managed agency and upon contract of a client to potentially use an image, we reserve rights for that client. If the client chooses not to use the image, they must notify Close Encounters within 30 days of invoice, so this image will be available to other buyers. If the client notifies Close Encounters of the nonuse within 60 days of the invoice, they will be held responsible for 50% of the original usage fee. Full payment for use will be required if the client neglects to notify Close Encounters after 60 days.