PhotoDocket - Your accident resource!

SITE USAGE AGREEMENT

ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.

By using this site and/or downloading any material, you agree to be bound by this Agreement.

This agreement applies to you and, if you are using this web site on your client's behalf, to you and all your clients. You agree that the PhotoDocket.com domain includes any similar Internet addresses used to arrive at PhotoDocket.com, including but not limited to PhotoDocIt.com, and that those terms also refer to PhotoDocket.com, Inc. We reserve the right to change this agreement at any time without further notice. We reserve the right to update and/or change our pricing structure as needed. Your use of the site will be subject to the most current version posted on the site at the time of your use. By using this site or downloading, uploading or using any images appearing anywhere on the PhotoDocket.com domain you agree to be bound by this Agreement. Should you disagree with anything stated here, you agree to immediately discontinue your use of the site and erase all data you have downloaded.

Use of this site

This site is owned and operated by PhotoDocket.com. All images and related informational materials in any medium provided by PhotoDocket.com hereunder, including related text, captions, or information (collectively referred to as Images) are owned by PhotoDocket.com and in some cases by our image providers (photographers). All Images are protected by US and international copyright laws.

This site may contain both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). PhotoDocket.com allows you to search for, view, and use Images only as permitted below. If you have registered for a PhotoDocket.com account and PhotoDocket.com has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. PhotoDocket.com reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon such notice from PhotoDocket.com. All rights not specifically granted under this Agreement are reserved to PhotoDocket.com. Additionally, we do not allow the use of automated software or other crawling techniques for searching our web site and/or to retrieve Images or related information.

PhotoDocket.com may immediately revoke all licenses granted to you without notice if you fail to comply with any provision of this agreement. If a license is revoked, you agree to immediately stop using this site and the Images, delete all Images and all copies from all media and destroy all other copies. Your use of this site and any Images shall comply with all applicable laws, including but not limited to those relating to copyrights and privacy. PhotoDocket.com may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and/or may replace the Image with another Image, and you agree to immediately discontinue all use of any Images that are no longer authorized by PhotoDocket.com upon notification from PhotoDocket.com.

Users/Downloaders Hold Harmless and Indemnification Agreement

You agree that if you or your client(s) violate any of the terms of this agreement, you will compensate PhotoDocket.com for any and all related damages and for all reasonable attorneys’ fees and costs incurred by PhotoDocket.com to accomplish compliance and/or to seek and collect damages and/or to seek and collect any and all other remedies in law and in equity. You also agree to hold PhotoDocket.com harmless from all other parties who allege that they have been damaged in any way by your violation of this agreement, and/or by any other action or inaction by you or your client(s) that would directly or indirectly cause PhotoDocket.com to pay damages to another party or parties and/or to defend any action against PhotoDocket.com by another party or parties because of your alleged actions or inactions. You also agree to indemnify PhotoDocket.com for all damages, attorneys’ fees and other costs that PhotoDocket.com incurs directly or indirectly because another party or parties allege that they have been damaged in any way by your violation of this agreement, and/or by any other action or inaction by you or your client(s) that would directly or indirectly cause PhotoDocket.com to pay damages to another party or parties and/or to defend any action against PhotoDocket.com by another party or parties because of your alleged actions or inactions.

You agree that the responsibility for the Images and related text uploaded to our site is entirely that of the photographers/contributors who provide the Images and in doing so that they represent that they have the copyright and other rights to do so and that PhotoDocket.com is not responsible for them. If you find a file that you believe may represent a potential infringement of copyright or other right, please notify us so that we may investigate and take the appropriate action.

Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include images and text that may only be used, if at all, after you comply with privacy laws and/or other laws. Some images such as those of accidents and/or accident victims may be offensive to family members, loved ones, and/or to other members of society and you must make such determinations and take appropriate precautions so that you do not violate their rights or cause them to be damaged in anyway. You must be aware that your search may display results containing content that may seem inappropriate or offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by PhotoDocket.com or its members. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counselors.

Photographers/Contributors/Representations, Hold Harmless and Indemnification Agreement

If you upload Images or text or otherwise contribute content to our site you agree and represent that you hold all copyrights for the Image(s) and text and that, when legally necessary, you have previously obtained a model release from each person who is included in your Image, and/or from that person’s legal guardian. You agree that PhotoDocket.com shall not be held responsible for anything that you upload to the site.

You also agree to hold PhotoDocket.com harmless from and to indemnify PhotoDocket.com for all damages, attorneys’ fees and other costs that PhotoDocket.com incurs directly or indirectly because another party or parties allege that they have been damaged in any way by your violation of this agreement, and/or a violation of any copyright or privacy right, and/or by any other action or inaction by you or your client(s) that would directly or indirectly cause PhotoDocket.com to pay damages to another party or parties and/or to defend any action against PhotoDocket.com by another party or parties because of your alleged actions or inactions.

Children

Children (persons under the age of 18) are not eligible to use this site unsupervised and children may not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older and otherwise competent.

Use of Images

Images include without limitation all digital images on and from our site and any related textual information, including but not limited to captions, credits, and notes. Images may include Images containing Watermarks in any form and/or reduced resolution Images whether Watermarked or not, and or Images of higher resolution whether Watermarked or not.

Conditional upon your compliance with this Agreement, PhotoDocket.com grants you a limited license to download Watermarked Images solely for evaluating whether you wish to purchase a license to the Non-Watermarked version of the Image according to our Terms and Conditions applicable to your use. You may not use a Watermarked Image in any final materials distributed within your company or in any materials, whether final or not, distributed outside of your company or to the public or in any online or other electronic distribution system and you may not reproduce them for any purpose other than evaluating them for potential purchase of a license for use according to our terms and conditions. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, PhotoDocket.com grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.

Registering For A PhotoDocket.com Account

To obtain access to our images as well as to upload any images, you have to apply for a PhotoDocket.com account and you agree to provide complete, true and accurate information. PhotoDocket.com reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by PhotoDocket.com. Our privacy policy can be reviewed at the following link: Privacy Policy.

You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify PhotoDocket.com of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify PhotoDocket.com of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any PhotoDocket.com account or web site or related services.

After properly acquiring an account, you can download images using various licenses available on our site. These licenses are awarded to the account owner, whether an individual or other entity. This is a one-person license and can be used only by the account owner or designated employee for the company's own projects or clients and cannot be transmitted to another party. If the image is to be used by more persons or employees, then you must contact us to apply for additional licenses and/or authorization, which we reserve the right to decline.

None of the images on or from our site may be relicensed, resold or redistributed by any means, or made available for redistribution or resale by a third party without PhotoDocket.com's separate expressed written consent.

Unauthorized Use

Without limitation, Images may not be used as a trademark or service mark without the expressed written permission of PhotoDocket.com. Images may never be used for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person or entity. Unauthorized use of these Images constitutes a breach of this agreement and may constitute copyright infringement and shall entitle PhotoDocket.com to exercise all rights and remedies under applicable law and/or in equity, including but not limited to injunctions preventing further use, as well as monetary damages against you and all users and beneficiaries of the use of such Images, and related attorneys’ fees and costs incurred directly or indirectly by PhotoDocket.com. The foregoing is not a limiting statement of PhotoDocket.com's rights or remedies in connection with any unauthorized use.

Credit Line Requirements

All images used must be accompanied by a visible credit line and copyright notice adjacent to each image used unless you have received expressed written permission from us to exclude it.

Sensitive Subjects

Any license granted by PhotoDocket.com shall not constitute a representation that an Image is compatible for use with any other material. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images in any way and/or with any other images or materials that would misrepresent the true nature of the licensed Image or portray it or any person in a false light.

Refund Policy

All sales on/from PhotoDocket.com are final.

If you have downloaded an image that has technical flaws please contact us immediately for a replacement. If you are not able to download an image, we will provide a replacement. If PhotoDocket.com is unable to provide you with a replacement image due to damage to the image file a refund will be issued.

PhotoDocket.com Trademarks

The trademarks, services and logos used and displayed in PhotoDocket.com are registered and unregistered trademarks of PhotoDocket.com its subsidiaries and affiliates. PhotoDocket.com trademarks may only be used publicly with the permission of PhotoDocket.com, Inc. with proper acknowledgement. Except as expressly granted PhotoDocket.com, Inc. does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

Indemnification

You agree to indemnify, defend, and hold harmless PhotoDocket.com, Inc. against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

Disclaimers

PHOTODOCKET.COM, INC. PROVIDES YOU WITH ITS SITE AND IMAGES ON AN AS IS BASIS. WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER PHOTODOCKET.COM, INC. NOR ANY AFFILIATES OR MEMBERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL PHOTODOCKET.COM, INC.'S OR ITS AFFILIATES' LIABILITY FOR YOUR USE OF ANY IMAGE PROVIDED HEREUNDER EXCEED THE GREATER OF THE AMOUNT INVOICED AND PAID BY YOU FOR THE USE OF THAT IMAGE.

Copyright

The Photographer acknowledges that PhotoDocket.com, Inc. prohibits any Image or any other material that infringes on any patent, trademark, copyright, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at PhotoDocket.com.

By uploading his/her Image, the Photographer is warranting that he/she owns all proprietary rights, including copyright, in and to the Image. The Photographer acknowledges that he/she will provide accurate information at submission date and during the time interval that the file is hosted on PhotoDocket.com, Inc.'s servers. PhotoDocket.com, Inc. reserves the right to verify the information and to take the appropriate measures in case of spam or inaccurate info.

The Photographer hereby grants PhotoDocket.com, Inc. a non-exclusive license to post the Image on its web site and to deliver it to its audience, affiliates or other representatives, through different media channels, and further grants PhotoDocket.com, Inc. and its representatives the right to sublicense the Image to their customers in accordance with the terms of the PhotoDocket.com, Inc. License Agreement, a copy of which the Photographer acknowledges reviewing and agreeing to.

The Parties agree that all rights, including title and copyright, in and to the uploaded Images, shall be retained by the Photographer, unless otherwise mentioned by the license agreement. The Photographer acknowledges that no monetary or financial compensation is owing or required to be paid to the Photographer by PhotoDocket.com, Inc. or any of its directors, officers, employees partners, agents or members for the rights granted herein by the Photographer. While PhotoDocket.com, Inc. acknowledges that its policy is to provide the Photographer with certain payments whenever an Image uploaded by the Photographer is downloaded, the parties agree that PhotoDocket.com, Inc. may amend such policy from time to time, as reasonable business objectives may require.

Currently, each photographer is paid for his/her balance on PhotoDocket.com on the first of each month for the photographs sold the previous month and only after payments for those photographs have been received and approved. PhotoDocket.com, Inc. is obligated to pay via check or similar means on the first of each month once the photographer has submitted their necessary tax information.

PhotoDocket.com, Inc. is entitled to carefully analyze all details and logs of the photographer and his/her downloads/sales on the website. If any suspicion exists, PhotoDocket.com has the right to delay the payment request until all details are cleared or to refuse the payment.

The Photographer is entitled to disable file(s) from his/her portfolio by using the appropriate section of PhotoDocket.com. Read the PhotoDocket.com terms for specific details regarding the contributors' obligations. Once disabled, you must remove them from all public pages of the site within 24 hours. PhotoDocket.com, Inc. is entitled to keep an offline copy of the files in order to allow previous buyers to verify the accuracy of the content or to allow the Photographer to reactivate the file(s).

The Photographer agrees that neither PhotoDocket.com nor any of its directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. The Photographer further acknowledges that he/she is responsible for any challenges made by any third party regarding copyrights in the Image.

Notification of copyright infringement

PhotoDocket.com, Inc. may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on PhotoDocket.com, Inc.'s site, send PhotoDocket.com, Inc. a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the PhotoDocket.com, Inc. site; (iv) information sufficient to permit PhotoDocket.com, Inc. to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

Additional Rights and Obligations:

PhotoDocket.com reserves the right to reject and/or remove any submitted images for any reason including but not limited to: noise, poor focus, poor lightning, distorted pixels, poor composition, or images that do not comply with the web site concept or terms of any assignment with PhotoDocket.com, Inc.

In addition to all other terms, the photographer must retain on file a valid Exclusive Model Release Form that has been agreed to and signed by the model if the image contains any recognizable faces of human beings.

Photographer's Image Copyright Release Form

For valuable consideration: I hereby authorize PhotoDocket.com, Inc. to publish, distribute, and sell certain usage and/or licensing rights to photographs that I submit to them at www.PhotoDocket.com and/or similar addresses used by them.

I understand and agree that by submitting images to PhotoDocket.com, I am submitting them to PhotoDocket.com, Inc. and I authorize PhotoDocket.com, Inc. to duplicate, print, distribute and sell certain usage and/or licensing rights relating to them. I also understand that any image that includes a recognizable person or property requires written consent from that person or owner prior to submission and I must retain on file a signed Model Release document and/or a Property Release document specifically signed for PhotoDocket.com, Inc. I am aware and agree that PhotoDocket.com, Inc. will not be held liable for any copyright infringements on any photographs that I submit. By submitting my photographs to PhotoDocket.com for publication on their web site, I relinquish all copyrights and rights to otherwise sell, lease and/or use the images that I have submitted to PhotoDocket.com, Inc.

I understand that the buyers and/or lessees of any usage and/or licensing rights sold or leased by PhotoDocket.com for my images, may remain anonymous to me. I agree not to make any contact with those buyers and/or lessees unless they are in obvious undisputable breach of the licensing and/or usage terms issued by PhotoDocket.com. In the event I take any action against the buyers for being in breach of the licensing agreement, I agree to notify PhotoDocket.com, Inc. in writing of my intentions and I agree to indemnify and hold harmless PhotoDocket.com,Inc., its owners, directors, members, affiliates, successors, assigns, staff and associates of any and all such actions.

I acknowledge that in exchange for this copyright release, PhotoDocket.com is obligated to award a fee for each image I submit that is accepted for publication by PhotoDocket.com when any usage and/or licensing rights are sold or leased and that PhotoDocket.com will set the fee for each assignment. I understand that PhotoDocket.com is entitled to refuse any of my images in which case I retain all copyrights, without any further obligations. I acknowledge PhotoDocket.com has the right to remove from the PhotoDocket.com website any photograph at any time. PhotoDocket.com is not required to alert the photographer as to the reasons for the removal unless the photographer specifically requests a reason.

In addition to the terms stated above, I confirm to PhotoDocket.com that: The photos submitted are my own personal property. I will honor completely all licenses sold by PhotoDocket.com, within the terms of those licenses. I agree to abide by all the terms and conditions as stated within this document and in regard to copyrights and or my release of copyrights that are included.

No Waiver / Severability

No action of PhotoDocket.com, Inc., other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Contributors' additional obligations:

Exclusive images: A contributor may work with other agencies in addition to PhotoDocket.com. However, the usage and/or leasing rights to images provided to PhotoDocket.com may only be sold or leased by PhotoDocket.com, Inc. and may not be offered through other marketing channels. Contributors shall receive compensation (based on the number of new monthly incidents contributed) for each image they have contributed only after PhotoDocket.com has successfully sold and/or leased certain usage and/or leasing rights to that image.

If a contributor breaks this Exclusivity Agreement, either for an exclusive image or as an exclusive contributor, PhotoDocket.com reserves the right to invalidate and recover all earnings made by that Contributor through PhotoDocket.com sales commencing with the date the exclusive image or images or portfolio were made subject to the Exclusivity Agreement.

PhotoDocket.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.