IMPORTANT-READ CAREFULLY: This Webmaster License Agreement (“WLA”) is a legal agreement between either an individual or a single entity that owns and maintains an electronic location generally known as website which is located on the world wide web portion of the Internet from which films, movies, videos and/or other (moving) pictures and audio-visual productions and products suitable for view on demand and internet streaming processes are displayed and offered to end users (this individual or single entity is hereinafter referred to as “Webmaster”) and Photorama International (“Photorama”). The product files licensed by Photorama to Webmaster are either embodied in physical carriers such as a compact disc (“CD”), compact disc – read only memory (“CD-ROM”) or digital versatile disc (“DVD”) and/or may also contain other already existing content (such product files and content, collectively, the “CONTENT”), any of which may be stored on the hard drive of a (personal home) computer system owned by Webmaster and accessed via the same computer system.
Before you can have the product files properly viewed on your computer system or create and/or transfer the CONTENT to your computer system you will need to review and agree to be bound by the Webmaster License Agreement (“WLA”), the terms and conditions of which are set forth below. Once you have read these terms and conditions, you will be asked whether or not you agree to be bound by them. Click “AGREE” if you agree to be bound. Click “DISAGREE” if you do not agree to be bound. Please keep in mind, however, that if you do not agree to be bound by the terms and conditions of the WLA, you will not be able to utilize the product files and/or the CONTENT on your computer system.
If you have received the CONTENT in physical format but you do not agree to the terms and conditons of the WLA, return the unopened package(s) and unused disc(s) to Photorama at Anna van Renesseplein 8, 1911 KN, Uitgeest, Holland, postage prepaid, along with proof of payment, for a full refund.
USING THE GIRLS REAL NAME ON YOUR WEBSITE, EITHER CHRISTIAN OR SURNAME, OR REVEALING TO ANYONE, OTHER THAN THE NECESSARY AUTHORITIES, ARE BOTH TOTALLY FORBIDDEN AND WILL RESULT IN THE CONTRACT BEING TERMINATED.
This Webmaster License Agreement (“WLA”) is a legal agreement between Webmaster (“you”) and Photorama International (“Photorama”), a company with limited liability established under Dutch law. By clicking on the “AGREE” button below, you will indicate your acceptance of these terms and conditions, at which point this WLA will become a legally binding agreement between Webmaster and Photorama.
OWNERSHIP. This is a license, not a sale, and as the licensee, you only own the physical carrier such as CD, CD-ROM or DVD identified on the invoice accompanied with this license and sent to you, on which the CONTENT is contained. Photorama and/or its licensors shall retain full and complete title to the CONTENT, and all copies of the CONTENT, regardless of the media or form on or in which the original disc or other copies may exist, including copies which are made in violation of the terms of this WLA.
LICENSE GRANT. In consideration of payment of the one-time license fee set forth on the invoice accompanied with this license and sent to you and subject to your agreement to the terms and conditions set forth in this WLA, Photorama grants you a personal non-exclusive and non-transferable license to publish and display the photographic images and/or moving pictures contained in the CONTENT on up to 10 (ten) domains/URLs (not including TGPs and excluded mobile internet).You must provide a complete list of a maximum of 10 (ten) domains/URLs in which the CONTENT is to be used. This list needs to be sent to Photorama as soon as reasonably possible and as these domains are known by you; please scan and/or e-mail it to: photorama@photorama.nl
You are prohibited from assigning, sub-licensing or selling any portion of the CONTENT to any person or entity. All title to, and intellectual property rights in, the CONTENT and any related documents are and shall remain owned and/or controlled solely and exclusively by Photorama and/or its licensors. Photorama and/or all respective licensors reserve all rights in the CONTENT not specifically granted to you under this WLA. The license for the CONTENT, can and will be issued to other individuals or companies at Photorama's discretion.
PLEASE NOTE: Your use of the CONTENT may be subject to additional restrictions, under applicable copyright and other laws, that are not enforced or prescribed by any technology contained herein and/or on the physical carrier. The absence of any such technology designed to enforce these additional restrictions should in no way be viewed or interpreted as a waiver, on the part of Photorama or any other person or entity owning any rights in any of the CONTENT, of their respective rights to enforce any such additional restrictions regarding your use of the CONTENT. Your use of the CONTENT shall, at all times, remain subject to any and all applicable laws governing the use of such materials, including, without limitation, any restrictions on your use prescribed therein.
You agree to pay to Photorama a fee for 5 (five) years for this license to use the CONTENT. After 5 (five) years the CONTENT has to be removed from all your sites. All licenses granted are final and no refunds shall be given unless Photorama will decide to give a refund.
UNACCEPTABLE USES OF LICENSED CONTENT
You do not have the right to resell, rent, lease, transfer, redistribute or re-license the CONTENT. Photorama retains all title and ownership of the CONTENT, and gives up no legal rights as part of this agreement. You agree not to sell or distribute the CONTENT for viewing/publishing via any physical method (such as disc, mobile, paper printing or any other technology not specifically named in this document) without additional written permission and payment of fees. You agree that the CONTENT shall not be used on any "Lease Gallery sites" for instance where other sites pay a fee to send their members. Not more than 20% of each photo set, and not more than 4 minutes of each video can be used on so-called Free Hosted Galleries. You agree that the CONTENT shall only be used on up to 10 (ten) domains/URLs which feature pay-to-view websites where users or visitors are only able to view the CONTENT against payment of either one-time or subscription fees, with the sole execption that you are allowed to use only a small part of the CONTENT with a maximum duration of 4 (four) minutes for free streaming purposes to attract more visitors to your website(s). Up to 20% of a photo set and up to 4 minutes of each video scenes can be used for website design purposes, in both the free area and the paid area. Licensee acknowledges that unauthorized reproduction of copies of the licensed material may constitute a serious crime, and that such actions may also result in a suit for damages, injunctive relief, and attorney fees, pursuant to this agreement and to other rights that the licensor may have. The Licensee must not publish or reveal the models real name, Identification Documents, address or any factual details regarding their true identity, except to officials of the Justice Department or other law officials as may be legally required under 18U.S.C. 2257 or and other current or future legal/government requirements applicable to the publishing of this/these products.
CONTENT EDITING PROVISIONS
Cropping You are allowed to crop or improve the quality of the CONTENT to your discretion, so long as the content/theme of the specific moving picture (“movie”) has not altered.
Banners and Webpage Design You are allowed to use up to 10 (ten) moving pictures (“movies”) from a set in designing banners or web-page design.
URLs may be added of the site displaying the product featuring CONTENT.
Resizing, cropping, renaming, changing file format, adjusting/altering colour, gamma, light/dark/contrast, etc. of CONTENT are allowed.
PENALTIES/TERMINATION
This license will automatically terminate if you fail to comply with any of its terms or if a petition of bankruptcy or receivership is filed by, or against, you or if you sell, close, liquidate/cease your business in any way, obtain a refund after returning the CONTENT embodied on a physical carrier or if you fail to pay the license fee. Involuntary revocation of the license does not grant you any refund of the payment made. No notice shall be required from Photorama to effect such termination. Upon termination, all rights and licenses granted to you under this WLA shall terminate effective immediately, and you will immediately destroy the CONTENT and, if applicable any unauthorized copies, or return the CONTENT and, if applicable, any unauthorized copies to Photorama at your expense, and remove the CONTENT or any portion thereof from any electronic equipment in your possession or under your control.
PHOTORAMA WARRANTIES
Photorama, as a material inducement to your entering into this WLA, hereby agrees and warrants that:
the CONTENT is original, and to the knowledge of Photorama, no use of any or all CONTENT by you as authorized and/or contemplated herein shall infringe upon any copyright, trademark right, right of publicity, right of privacy, or any other proprietary or personal right of any person(s), entity or entities;
all persons appearing or otherwise depicted in the CONTENT were at least 18 (eighteen) years of age at the time the original CONTENT in which said persons appear was first created;
it has the full and exclusive power and authority to grant all the rights set forth herein to you;
the physical carrier or digital media on which the CONTENT is furnished will be free from defects in materials and workmanship under normal use for thirty (30) days from the date of delivery to you by Photorama or its authorized licensor. You must notify Photorama of any defects in the disc or digital media within the thirty (30) day period;
it currently has and will provide upon request to law enforcement authorities all of the following with respect to each CONTENT being part of the CONTENT:
complete, full and accurate copies of all releases of rights by all persons appearing in and contributing to the creation of the CONTENT being part of the CONTENT;
accurate and legible copies of all documentation required by 18 U.S.C. par. 2257, et seq.
EXCLUSION OF WARRANTIES
Neither Photorama nor its authorized licensors warrant that the functions or images contained in the CONTENT will meet your requirements or that operation of the disc will be error free.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE CONTENT IS PROVIDED ON AN “AS IS” BASIS AND THE FOREGOING WARRANTY BY PHOTORAMA IS IN LIEU OF ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHOTORAMA, ITS LICENSORS, DISTRIBUTORS, EMPLOYEES OR AGENTS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PHOTORAMA AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE CONTENT, EVEN IF PHOTORAMA OR ITS LICENSORS WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON OR ENTITY.
In the event any other claim relating to the performance or non-performance by Photorama or its licensor pursuant to, or in any way concerning this WLA or the CONTENT provided under this WLA is made by you, the actual damages to which you may be entitled shall be limited to the amount paid by you for the CONTENT.
INDEMNITIES
You agree to defend, indemnify and hold harmless Photorama from and against any claims, losses, liabilities, judgments, costs or expenses, including reasonable attorneys’ fees, arising out of or relating to your failure to comply with applicable laws, rules and regulations in exercising or performing your rights hereunder, or resulting from any breach of your representations, promises or obligations set forth herein, or negligent, tortuous or unlawful conduct by you or your agents or employees.
APPLICABLE LAW
The laws of the Netherlands shall govern this WLA. Photorama does not warrant that the CONTENT shall be acceptable in your territory or shall conform to any particular community standard of decency, and you assume full responsibility for use in any and all communities where your publication of such images being part of the CONTENT is or may be viewed, and you assume full responsibility for determining which (part of) CONTENT is suitable for distribution.
In the event either party brings suit to enforce its rights under this WLA, the prevailing party shall be entitled to recover its reasonable attorneys’ fees incurred in connection therewith. No modification of this WLA shall be effective unless it is set forth in writing signed by Photorama.
The CONTENT that is developed after 1986 is in compliance with the 18 USC par. 2257 US Federal law, and any inquiries made under this law must be directed to Photorama.
The identification and model release documents that fulfill for you the requirements of the 18 USC par. 2257 US Federal law can be accessed in the documents folder on Photorama’s website as shown as:
We will reserve the right to remove any contact, "Next of Kin" address, etc. details from the documents.Under no circumstances should this information be revealed to anyone other than the appropriate legal authorities. Failure to comply with this will result in the immediate termination of this license and your rights to use or publish the the original materials being part of the CONTENT.
The identification and model release documents that fulfill other associated legal regulations that you would need to view at Photorama’s premises are shown in the documents folder on Photorama’s website as:
Jan Weber is the custodian of records and keeps the records required by 18 U.S.C. 2257 and associated regulations with respect to the photographs included in the CONTENT as licensed herein. Publishers certify to all commercial purchasers that the aforesaid materials being part of the CONTENT are in full compliance with the requirements of 18 U.S.C. 2257 and associated regulations. All persons depicted herein were at least 18 (eighteen) years of age at the time the original materials being part of the CONTENT in which said persons appear were first created. The necessary authorities or your solicitor can view said documents during normal business hours at:
Jan
Weber
Photorama International
Anna van Renesseplein 8
1911
KN Uitgeest
The Netherlands