Ordering

ORDERING INFORMATION

All images on this site are rights-protected. Eagle Visions Photography does not provide royalty-free images. To purchase usage rights to photos, simply search for images on the site and add them to your lightbox. When you have all the images you require, complete the checkout process by adding the images to your shopping cart, determining a usage fee and purchasing the usage of the image. The digital file will be delivered to you by the method of your choice including CD-ROM, DVD, email or FTP site. An email will be automatically sent to Eagle Visions Photography so we can fulfill your order promptly.

You can also contact us via email or telephone to negotiate a price and discuss your delivery options.

All images featured at www.eaglevisons.net are available in high-resolution digital format. To order images and purchase usage rights to reproduction-quality images in digital form, you must comply with the terms of delivery.

To order by telephone, call (831) 659-4445 to speak with an account representative. If you have any further questions, please do not hesitate to contact us.

DELIVERY AND LEASING TERMS ARE EXPLAINED BELOW

DIGITAL DELIVERY TERMS

1. This agreement is by and between Eagle Visions Photography and the commissioning party, ("Client" named on the face of this Agreement, including Client's representatives). Eagle Visions Photography relationship with Client is that of an independent contractor. "Photograph(s)" or "image(s)" refers to the photographic image, in any form (color transparencies or digital files on CD-ROM, DVD, email or FTP site) delivered by Eagle Visions Photography to theClient.

2. Submission of digital photographic image(s) is contingent upon the consummation of a licensing contract (sale), either verbally or in writing, of said image(s). Digital photographic images may not be downloaded, reproduced or copied in any way without

* (a) express written permission on an Eagle Visions Photography invoice stating the rights granted and terms thereof, and

* (b) payment of said invoice. The request by client of any digital photographic image, to be delivered on CD-ROM disk, DVD disk, FTP site or by email shall be considered usage. No cancellation of this order is allowed after delivery, and full payment of the invoice is required. A purchase order or written agreement for said reproduction license must be received within 72 hours, either by mail or fax. If not received, an invoice will be issued as a "verbal" order.

3. All photographs submitted by Eagle Visions Photography are copyright protected under the Copyright Law of 1976. Usage of any image, without a license for reproduction and paying a licensing fee covering the proposed usage, constitutes willful copyright infringement and is punishable to the fullest extent of the law.

4. Digital photographic images are delivered on, CD-ROM disk, DVD disk, FTP site or by email. CD-ROM disks and computer disks need not be returned. All digital files of Eagle Visions Photography photographs must be erased from Client's computers and backup media upon completion of their project, unless special permission has been granted in writing from Eagle Visions Photography allowing Client to retain said digital files.

5. Objection to any of the above terms must be made in writing within 10 days of this contract's receipt. Holding of materials constitutes acceptance of these terms which incorporate hereby Article 2 of the Uniform Commercial Code.

6. Any dispute in connection with this contract including its validity, interpretation, performance or breach shall be arbitrated in the County of Monterey and the State of California pursuant to the rules of the American Arbitration Association and the laws of California. Judgment on the Arbitration award may be entered on the highest Federal or State court having jurisdiction. Any dispute involving $1,500 or less may be submitted, without Arbitration, to any court having jurisdiction thereof. Recipient shall pay all Arbitration and Court costs, reasonable Attorney's fees plus legal interest on any award or judgment.

7. Recipient agrees that the above terms are made pursuant to Article 2 of the Uniform Commercial Code and agrees to be bound by same, including specifically the above clause 6 to arbitrate disputes.

DIGITAL LEASING TERMS

1. DEFINITIONS: This agreement is by and between Eagle Visions Photography and the commissioning party, ("Client", named on the face of this Agreement, including Client's representatives). Eagle Visions Photography's relationship with Client is that of an independent contractor. "Photograph(s)" refers to the photographic or any other form of materials (color transparencies or digital files on CD-ROM, DVD disk, FTP site or email) delivered by Eagle Visions Photography to Client.

2. LICENSING OF PHOTOGRAPHS: Submission of digital Photographs is contingent upon the consummation of a licensing contract (sale), either verbally or in writing, of said Photographs. Digital Photographs may not be downloaded, reproduced or copied in any way without (a) express written permission on an Eagle Visions Photography invoice stating the rights granted and terms thereof, and (b) payment of said invoice. The request by Client of any digital Photograph, to be delivered on CD-ROM, DVD disk, FTP site or email shall be considered usage. No cancellation of this order is allowed after delivery, and full payment of the invoice is required. A purchase order or written agreement for said reproduction license must be received within 72 hours, either by mail or Fax. If not received, an invoice will be issued as a "verbal" order.

3. ELECTRONIC DATA: Client shall not electronically or by any other means, methods or processes, whether now known or hereafter developed, in any manner download, use, reproduce or copy any Photograph(s) in whole or in part except as may be otherwise expressly stated on the front of this Agreement. Client shall not electronically or by any other means, methods or processes, whether now known or hereafter developed, in any manner retain, store, use or alter any Photograph(s) in whole or in part, except as may be otherwise expressly stated on the front of this Agreement.

4. TYPES OF USAGE: In cases where more than one-time rights are requested (such as exclusive calendar rights, 3 year poster rights, etc.), the presentation of this material to Client must not be taken to mean that any of these specialized use rights are positively available. Licensing is sold on a non-exclusive usage. The availability of specialized rights must be confirmed in writing by Eagle Visions Photography, and our invoice constitutes Client's license to reproduce the photographs in the manner indicated. If photographs are published without authorization, triple damages will be charged. Full payment grants authorized usage.

5. FEES FOR USAGE: The fees charged are based on the use to be made of the Photograph(s). Complete information shall be provided by Client as to media, geographic coverage, size of image, number to be printed, audience and frequency of re-use to enable Eagle Visions Photography to quote an appropriate rate for usage.

6. PAYMENT OF FEES: Payment shall be made against invoice within thirty (30) days from the date of the invoice. A service charge of 1.5% per month as to any amount unpaid thereafter shall be charged.

7. MODEL RELEASES: No model releases or other releases exist unless specified herein. Except as to those executing such specific releases, the Client shall hold harmless, defend and indemnify Eagle Visions Photography against any and all claims arising out of the use of the Photograph(s) by the Client, except for the amount of the invoice.

8. OWNERSHIP OF PHOTOGRAPHS: PHOTOGRAPHS ARE TO BE RETURNED. All original transparencies and or duplicates shall be returned to Eagle Visions Photography. All Photographs will remain the property of Eagle Visions Photography and photographer Craig Lovell. All rights not specifically invoiced and licensed, are reserved to Eagle Visions Photography/Craig Lovell. All digital files of Eagle Visions Photography photographs must be erased from Clients computers and backup media upon completion of their project, unless special permission has been granted in writing from Eagle Visions Photography allowing Client to retain said digital files.

9. CLIENT'S RESPONSIBILITY: No part of any submission by Eagle Visions Photography may be passed on to third parties not directly concerned with the request for Photographs. Photographs from Eagle Visions Photography may be used ONLY for the purpose for which they are licensed. Duplicates, separations or copies of digital files made from Eagle Visions Photography photographs may not be sold, copied, syndicated, rented, loaned or reused in any manner without special written permission from Eagle Visions Photography. While in their possession, the Client assumes complete responsibility for the copyright protection and infringement by third parties of any Eagle Visions Photography photograph that has been delivered to them in a digital format, whether stored on the disk provided by Eagle Visions Photography or on the Client's computers or backup media.

10. COPYRIGHT: All images are protected under the Copyright Law of 1976. A credit line will be given, when applicable, stating: İCraig Lovell/Eagle Visions Photography, and placed in close proximity to the reproduced photograph. Any copyright secured on the Photograph(s) shall be reassigned to Eagle Visions Photography without charge.

11. COLLECTION FEES: Any collection costs shall be paid by the Client in addition to the amount of the invoice and damages.

12. ACCEPTANCE OF TERMS: Holding Photograph(s) constitutes acceptance of the above terms, for which no signature is required.

13. MODIFICATIONS, GOVERNING LAW AND MISCELLANEOUS: This Agreement sets forth the entire understanding and agreement between Eagle Visions Photography and Client regarding the Photograph(s). This Agreement supersedes any and all other prior representations and agreements regarding the Photograph(s), whether written or verbal. Neither Eagle Visions Photography nor Client shall be bound by any purchase order, term, condition, representation, warranty, or provision other than expressly stated in this Agreement. No waiver or modification may be made to any term or condition contained in this Agreement unless in writing and signed by Eagle Visions Photography. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. Any objections to the terms of this Agreement must be made in writing and delivered to Eagle Visions Photography within ten (10) days of the receipt of this Agreement by Client or Client's representative, or this Agreement shall be binding. No Photograph(s) however may be used in any manner without Eagle Visions Photography's prior written consent (an invoice may be considered written consent), and Client's holding, reproduction or use of any Photograph(s) in any manner constitutes Client's complete acceptance of this Agreement. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the state of California. If any action of law is necessary to enforce or interpret the terms of this agreement, the Client shall pay, in addition to damages, reasonable attorney fees, and costs. Venue shall be in the City and County of Monterey, State of California. All Photograph captions are for reference only, and shall not be considered in construing this Agreement. This Agreement shall be construed in accordance with its terms and shall not be construed more favorable for or more strongly against Eagle Visions Photography or Client.