Note: all use is subject to the terms and conditions below. Our images are licensed as rights-managed for specifically agreed upon uses. Our images are not royalty-free. All use requires a license, which will be generated after payment and signed invoice and terms and conditions document received.

TERMS AND CONDITIONS

A. Definitions: “Photographer” refers to Hans Halberstadt/Military Stock Photography or StockPhoto.US. “Client” refers to the party licensing the photograph or photographs. If the party is acting as an agent for a principal to whom the license is granted for the benefit of, then the principal is a “Client” in addition to the agent. The agent warrants that such principal has authorized the agent to enter into this agreement on the principal’s behalf.

B. Payment: Full payment must be received by Photographer prior to publication. Any use prior to payment shall be considered an unauthorized use and subject to the remedies set forth in paragraph H.

C. Grant of Rights: Grant of reproduction rights hereunder is conditioned upon Client's written acceptance of each term set forth in this agreement. Such rights are provided on a nonexclusive and nontransferable basis. Client agrees to limit its use of licensed photographs to the use, medium, time period, print run, placement, image size, territory, and other restrictions specified in the invoice. Unless otherwise stated, the duration of license is six times the periodicity of the publication or 90 days which ever comes first. Client may not assign or transfer this license to any other person.

D. Client Terms and Conditions: Military Stock Photo and StockPhoto.US do not accept Client Terms or Conditions.

E. Return of Photographs, Destruction of Digital files, and Return of Media: Client assumes all risk for all photographic material supplied by Photographer from time of receipt by Client to time of actual receipt of photographs by Photographer. Client agrees to return all such material in undamaged, unaltered, and unretouched condition within 30 days of receipt, or if a License is granted, within three months of receipt by client or by first publication date, whichever is sooner, or such other period as is stated in writing herein. Client agrees to destroy all digital files within one week of reproduction. If the files were sent on digital media, all such material must be returned in undamaged condition within thirty days of receipt.

F. Film and Digital Media Holding Fees: A holding fee of $5.50 per item per day shall be payable from the return date until time of receipt by Photographer unless otherwise indicated.

G. Copyright Protection/Credit Line: For Editorial use, credit line in the form Copyright “© Hans Halberstadt (year of first publication if provided by Photographer)” must appear adjacent to or within the photograph's or the license fee is tripled. Client acknowledges that a triple fee is fair and reasonable for photographer's loss of recognition and diminished copyright protection resulting from an inadequate copyright notice. For Non-Editorial use, Client will provide copyright protection by placing proper copyright notice on any use. Proper notice may be set forth as either “© Client Name, (year of first publication”, or “© Hans Halberstadt (year of first publication if provided by Photographer)” adjacent to or within the photographs.

H. Unauthorized Usage: Client agrees not to use photographs outside the terms of the license agreement. In the event this provision is breached, Photographer agrees to forego the right to pursue remedies for copyright infringement provided Client purchases a retroactive license equal to five times the normal fees associated with the unauthorized use within 30 days of mailing of an invoice. If Client fails to make payment within that time period, Photographer shall have the right to sue for compensation for copyright infringement or breach of contract at Photographer’s discretion.

I. Uses in Violation of Law and Indemnity: Client agrees not the use Photographs in violation of law or the rights of third parties including rights to privacy and publicity. Client further agrees to indemnify and hold Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from Client’s use of Photographer’s work.

J. Loss or Damage to Physical Media: The parties acknowledge that it is difficult if not impossible to determine the exact value of each photograph subject to this agreement because of the duration of copyright protection and its present and potential value. Therefore, the parties have agreed that the reasonable value for loss or damage of each photograph is $2000. Client further acknowledges that its acceptance of this liquidated damage amount is a material consideration for photographer agreeing to deliver to Client the photographs subject to this agreement.

K. Alterations: Client will not make or permit any alterations, additions, or subtractions in respect of the photographs, including without limitation any digitalization or synthesizing of the photographs, alone or with any other material, by use of computer or any other means now or hereafter known, without written consent of the Photographer.

L. Attorney Fees: In the event of any breach of this Agreement by Client, Client shall pay all of Photographer’s costs and expenses incurred in connection with enforcement of the terms of this agreement, including Photographer’s reasonable attorney’s fees.

M. Releases: Photographer is not responsible for obtaining model, property, or other releases in connection with any of the photographs licensed herein unless specifically stated herein.

N. Copies: Client shall provide to Photographer five copies of each use of the photographs no later than the date of first publication.

O. Governing Law: This agreement is governed under the State of California without regard to conflict of law principles. Client irrevocably consents to personal jurisdiction over it by the courts of the State of California or the United States District Court for the Northern District of California and waives all rights to contest jurisdiction or venue on the grounds of personal jurisdiction, venue, and forum non conveniens.