PUBLISHING ONLY: All non-numbered sections plus sections 1, 3 and 4.
PUBLISHING AND COMMISSION: The entire document applies.
When you create an account with us, you are agreeing to the following.
The Agreement listed below allows FASMEDIUM to use my photographs for the publication of CONTEMPORARY PHOTOGRAPHY and the terms to be agreed upon are as follows:
1: This is not a paid exchange, and the photographer understands that FASMEDIUM will not use the images for any other purposes other than marketing and promotional materials included but limited to: social media promotional material and print promotional material unless otherwise agreed.
2: The photographer retains copyright in the photographs, and hereby grants FASMEDIUM rights to use or reproduce the photographs submitted to FASMEDIUM via WeTransfer for commercial print purposes. A royalty fee of 20% will be collected from the net profit of each print sale to be deposited via PayPal to the photographer on the end the month after the month in which the product was produced.
2a. The photographer also grants FASMEDIUM the right to reproduce each print in perpetuity unless both parties mutually agree to sever the contract as defined in this document.
2b. Furthermore, you agree that any claim, dispute, or other matter in question arising out of or related to this Agreement, if not resolved within 14 days following the notice of claim through discussions among the parties' officers having authority to resolve the claim, dispute, or other matter, shall be subject to mediation as a condition precedent to other dispute resolution through mediation.
3: The photographer and FASMEDIUM shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration.
4: The losing party shall bare the cost of the mediation The mediation shall be held in New York , unless another location is mutually agreed upon and the parties shall be obligated to submit to at least one seven-hour (including lunch) mediation session, unless they mutually agree to continue their participation beyond this time period. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof.
THIS IS A LEGAL AGREEMENT BETWEEN THE LICENSEE (AS DEFINED BELOW) AND THE LICENSOR (AS DEFINED BELOW). THIS AGREEMENT APPLIES TO CERTAIN LICENSES ISSUED VIA THE FASMEDIUM, AND IS APPLICABLE TO ONLINE, DIGITAL AND ANALOGUE (PHYSICAL) DELIVERY OF LICENSED MATERIAL. THE LICENSOR AND LICENSEE HEREBY ACKNOWLEDGE AND AGREE THAT NEITHER FASMEDIUM NOR ITS OWNER, FROOOGAL LLC, WILL BE RESPONSIBLE FOR ANY LOSS, DAMAGE OR ANY DISPUTE RELATING TO THE LICENSED MATERIAL (AS DEFINED BELOW). THE LICENSOR AND LICENSEE HEREBY AGREE TO JOINTLY AND SEVERALLY INDEMNIFY FASMEDIU AND ITS AFFILIATES AS A RESULT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE MATTERS REFERENCED HEREIN.
This contract shall be governed by the laws of the County of Suffolk in the State of New York and any applicable Federal law.