Look South Terms & Conditions

All Look South images are copyright protected. Image use is subject to the issuance and payment of an image use licensing agreement. Licensing agreements typically specify image size and use, type of medium, print run or circulation, duration and territory or distribution. Unlike royalty free imagery, traditional stock photography licenses only grant image use for a specific use as defined in the license.

TERMS AND CONDITIONS OF USE: LOOK SOUTH, LLC WEBSITE

(DIGITAL AND ANALOG DELIVERY)

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Look South, LLC, (hereafter "Look South"). If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. Look South 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 Look South. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other Unites States and international laws relating to intellectual property.

PERMITTED USAGE

Comp Use: Look South grants you a personal, nontransferable, nonexclusive right to copy the Images you have selected onto your 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 Images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to Look South. You must contact Look South to obtain a license for additional use.

Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Unless otherwise agreed, use of any Image is granted in the United States only and is limited to one year from date of invoice.

RESTRICTIONS AS TO USE The following uses are prohibited:

Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

Create any derivative use of an Image unless indicated on the invoice.

Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

Use of the Image in any way that violates a depicted person’s right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

Archive, republish or transmit any images on any database without Look South's prior written consent.

Copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Look South.

Sublicense, re-license, rent or lease any of the Images.

Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Look South in any manner.

Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

CREDIT

Images used editorially should bear a credit line as follows: Look South/photographer’s name.

RETENTION OF DIGITAL FILES:

Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. Look South's copyright information and Image identification number must be retained with the digital files while you retain them.

PAYMENT TERMS

Time is of the essence in the performance by User of its obligations for payments.

Payment of the invoice herein is to be net thirty (30) days. Thereafter, a service charge of one and one half (1.5%) percent per month (18% per year) is applied on the balance until paid in full. Receipt of an invoice outlining fees and subsequent rights does not constitute copyright clearance nor permit use or distribution of an image. Licensing rights are conveyed only upon Look South’ receipt of payment in full of the amount invoiced.

Any claims for adjustment or rejection of terms must be made to Look South within ten (10) days after receipt of invoice.

CANCELLATION POLICY

Rights are being reserved for User when an invoice is created. If such rights are not being used, User must notify Look South within five (5) days of receipt of the invoice. Failure to do so amounts to the acceptance of the invoice terms and payment of invoice is due in full.

LINKS TO THIRD PARTY SITES

The linked sites are not under our control and we are 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. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse the linked sites or their use or contents.

INDEMNITY

You agree to indemnify and hold Look South, and the photographer, 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

LOOK SOUTH 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 USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. LOOK SOUTH HAS 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 LOOK SOUTH.

DIGITAL FILES ARE PROVIDED "AS IS." Look South MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING 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. LOOK SOUTH MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL LOOK SOUTH OR THE 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 LOOK SOUTH SHALL BE THE FEE PAID FOR THE IMAGE TO Look South.

UNAUTHORIZED USE/RETROACTIVE LICENSE FEE

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive license equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to timely make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we shall seek all damages and remedies available, including attorney's fees and all associated costs.

DELIVERY OF IMAGES OTHER THAN DIGITAL FILES

TERMS RELATIVE TO SUBMISSION

Submission of images other than digital files is for examination and reference only. On receipt of shipment, be sure to count and inspect the contents carefully. As indicated on the delivery agreement form, count shall be considered accurate and quality deemed satisfactory, unless a written explanation is received with a copy of the delivery agreement within forty eight (48) hours of delivery.

RETURN PERIOD AND HOLDING FEES FOR IMAGES:

Analog images are to be returned within 4 months after date of invoice. User agrees to pay, as reasonable charges, the sum of $10.00 per week per image after such 4 month period to date of return. NOTE THIS IS NOT A BAILMENT. Holding fees will accrue for one year from the stipulated return date, after which unreturned Images shall be deemed to be lost and you will be billed for lost Image fees in accordance with the Liquidated Damages provisions below. Payment of Lost or Damage fees does not entitle you to any rights whatsoever in the Images, which must be returned to Look South immediately if subsequently found. You will then be liable for holding fees rather than Lost Fees, whichever is less.

RESPONSIBILITY FOR ORIGINAL IMAGES

If original Images are delivered to User, User is responsible for loss or damage to the Images delivered to them, from time of receipt until their return to Look South. User shall be responsible for safe delivery and return of Images to Look South and shall indemnify Look South against any loss or damage to Images in transit or while in the possession of User. This agreement is not considered a bailment and is specifically conditioned upon the item so delivered being returned to Look South in the same condition as delivered. Projection of Images is not permitted. User assumes an insurer's liability herein for the safe and undamaged return of the Images to Look South. Such Images are to be returned by bonded messenger or by registered mail (return receipt requested), prepaid and fully insured.

LIQUIDATED DAMAGES

The monetary damage for loss or damage of an original color transparency or photograph shall be determined by the value of each individual photograph. User agrees, however, that the reasonable value of such lost or damaged photograph or transparency shall be fifteen hundred ($2,000.00 US) dollars, and the value of a duplicate transparency shall be fifty [$250.00 US] dollars, and the value of a black and white print shall be fifty [$50.00 US] dollars and Look South agrees to limit our claim to that amount unless a higher amount has been clearly set forth separately. Look South agrees to the delivery of the goods herein only upon the express covenant and understanding by User that the terms contained in this section are material to this agreement. User assumes full liability for its employees, agents, assigns, messengers and free-lance researchers for the loss, damage or misuse of the Images.

MISCELLANEOUS

JURISDICTION

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 Atlanta, Georgia, pursuant to the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in the highest court of the forum, State or Federal, having jurisdiction. This agreement, its validity and effect, shall be interpreted under and governed by the laws of the State of Georgia. If User of this contract 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, said User expressly agrees that any dispute regarding this contract shall be adjudicated within the United States in the manner described here. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Copyright claims shall be brought in the Federal Court having jurisdiction. User agrees to be subject to the jurisdiction of the Federal Court of the district including Atlanta, Georgia.

If Look South 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 User.

This agreement is not assignable or transferable on the part of User.

In the event that any Images are used by User in publications, User shall provide Look South with two (2) free copies of such publication immediately upon printing.

This contract contains all the terms of the agreement between us (Look South and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice you may issue may contain additional terms relating to the rights granted and the type of usage allowed.