Terms and Conditions of Use
THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND PAVEL REDKO, RELATING TO THE USE OF PAVEL REDKO’S WEB SITE, DOWNLOADING OF IMAGE FILES FROM SUCH WEB SITE, AND THE LICENSING OF IMAGES BY PAVEL REDKO TO YOU.
When you download digital image files from this web site, or receive digital image files from Pavel Redko through any other means, or receive physical images from Pavel Redko via film or any other medium, you agree to and accept all the terms of this Agreement.
In the case that your actions are on behalf of your employer or another third party, all the terms and conditions of this Agreement apply to you and your employer or other third party.
Images are not to be used in any manner without expressed permission from Pavel Redko. All images are licensed under the terms and conditions as specified at time of purchase. No image licenses are valid until Pavel Redko has received payment in full. Image usage without prior payment and Pavel Redko express written authorization is a copyright violation. All rights not specifically granted are retained by Pavel Redko.
Images are not sold; their use is licensed and they remain the sole and exclusive property of Pavel Redko.
Images or image files cannot be distributed or re-sold independent from a product and may not be used in a manner allowing permanent storage or re-use by third parties. No licenses may be sublicensed, transferred or assigned. You agree not to make, authorize, or permit any use of any image except as specifically set forth here and on the invoice you will receive.
Failure to comply with any of the provisions of this Agreement may result in immediate revocation of the license granted.
All images licensed by Pavel Redko are copyrighted and protected by the intellectual property laws of the United States and the Berne Convention.
You agree to provide each reproduction of an image with a credit line: © Pavel Redko. You agree to provide statutory copyright protection of the image by timely registering the work you created or the work in which the image appears, and such copyright shall be immediately assigned to Pavel Redko upon request and without charge. Pavel Redko has the exclusive right to pursue any copyright infringement without regard to the rights granted. In the event Pavel Redko pursues a copyright infringement and receives an award or settlement, its liability to the licensee shall not exceed that portion of the license, if any, paid for conflicting exclusivity.
All Images on the website www.r3dko.com and www.modelsandbands.com are protected by copyright. Pavel Redko and contributing photographers own all rights to the Images. All rights not specifically granted to you by this agreement are reserved. Your rights to reproduce an Image is subject to the restriction set forth in this agreement, and is conditioned upon full payment of the license fee prior to your reproduction of the Image. No ownership interest or copyright in any Image shall pass to you by download of an Image or by granting the license to reproduce an Image.
License Granted for Rights-Protected Images
All licenses granted by Pavel Redko for the use of Rights-Protected images are limited to a period of one year on a non-exclusive basis, for a geographical distribution limited to the country in which the license is granted, unless otherwise specified at time of purchase and specified on your invoice. All rights specifically granted, as specified on your invoice, including but not limited to derivative uses, electronic, CD-ROM, on-line, or promotional rights, are reserved for use and disposition by Pavel Redko without any limitation whatsoever.
License Granted for Comping Images
You are entitled to download comping image files from Pavel Redko’s website, subject to the terms of this Agreement. These image files are intended for viewing of the image in more detail and for placement purposes only in unfinished products. Such permission to use comping files is not to be construed to be a grant of a license for usage.
Unless paid via Credit Card, all invoices are payable within thirty (30) days. No image usage copyright licenses are granted until full payment of the invoice is received. Reproduction or usage of Pavel Redko’s images in any manner without a valid, prior paid written copyright license is a violation of U.S. Copyright law and will be vigorously prosecuted.
Any disputes concerning an invoice must be submitted in writing, within five (5) business days of the invoice date, or you shall be deemed to have accepted the invoice as issued.
Unauthorized Use of Images
In the event that i) you utilize any image without or prior to the granting of a license, or ii) you utilize any Rights-Protected image for any use other than that indicated on the invoice, including but not limited to the number of uses, the publications utilized, or the size or reproduction, Pavel Redko reserves the right to seek damages through legal channels unless you agree to reimburse Pavel Redko as follows.
Since it is difficult to determine damages resulting from unauthorized usage, Pavel Redko agrees to forgo the right to sue you for copyright infringement on the condition that you agree to pay liquidated damages in a sum equal to ten (10) times the price of a comparable use of the image, as set by Pavel Redko.
Unauthorized usage fees are calculated based on the scope of use of the image, any costs incurred when producing the image, and other factors that may come into play. Pavel Redko will provide an invoice for the Unauthorized Usage Fee, and will grant a one-time-use license for the use of the image in the manner indicated by the offending party.
Invoices generated for collection of an Unauthorized Usage Fee shall be paid within ten (10) days of transmission (via E-Mail, Fax, or Post). Failure to remit payment will void the liquidated damage provision. Pavel Redko then reserves the right to sue for Copyright infringement, along with attorneys’ fees and any associated costs.
Releases, Permissions, and Sensitive Subject Usage
Unless an invoice specifically indicates an image has a model or property release, it is not to be construed that such a release exists.
Pavel Redko gives no rights or warranties with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.
You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. Advance written permission is required for use of images that depict any illegal goods or activities, or any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.
You agree to hold Pavel Redko harmless from any and all claims and expenses arising from your use of an image. If you utilize an image prior to paying our invoice, or without our expressed permission in regard to sensitive subjects, we are relieved of any claim concerning the image’s use or publication because it was published without permission. Pavel Redko reserves the right not to permit reproduction of an image for any reason whatsoever. Under all circumstances, our liability is strictly limited to the invoice price for the use of the images involved.
A material part of this contract is our mutual agreement to arbitrate disputes, except for copyright violations, which will be litigated solely in U.S. federal court. Any and all disputes arising out of, under or in connection with the contract, including without limitation its validity, interpretation, performance and breach, shall be settled by arbitration in Knoxville, Tennessee, pursuant to the rules of the American Arbitration Association in effect at the time arbitration is demanded. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. This contract, its validity and effect shall be interpreted under, and governed by, the laws of the State of Tennessee, and you agree that the arbitrators shall award all costs of arbitration including legal fees, plus legal interest, to the successful party.
No Waiver, Severability, Complete Contract
The terms set forth in this Agreement, any delivery contract and invoice, represent our entire agreement concerning the delivery of images to you, your review and usage thereof. All prior understandings or representations, whether written or oral, based on “industry custom” or past dealings, are hereby merged in this contract. No terms or conditions may be added, removed or modified unless made in writing and signed by both parties. No action of ours, other than an express written waiver, may be construed as a waiver of any part of this contract, and no employee, affiliate or associate of Pavel Redko is authorized to waive it orally. In the event that any specific portion of this contract is waived, it does not indicate or imply the waiver of any other part. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Governing Law and Jurisdiction
This contract, its validity and effect shall be interpreted under, and governed by, the laws of the State of Tennessee and shall be considered to have been made and accepted in Tennessee. All suits that may be brought in regard to this contract, or any aspect of the relationship between the parties, shall be subject to the exclusive jurisdiction of the United States District Court for the district of Tennessee and/or Knoxville.
If Pavel Redko is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse Pavel Redko for all legal fees and disbursements if Pavel Redko is successful.
The above terms are governed by Article 2 of the Uniform Commercial Code.
We reserve the right to change these Terms and Conditions of Use, prices, and information and available contractual license terms featured on this website without notice.