Site Usage Agreement
Image Licensing
All images for purchase from Kennan Ward Photography are licensed. Images may have either traditional or royalty free licensing. Image licenses are very important, and serve to protect the rights of all parties: the seller or distributor of the images, those who purchase and use images; those who own, create, or produce images; and even those whose likenesses are included in the images. The type of licensing is one factor that impacts image pricing.
Image licensing is a complex process. Fees are determined based on the kind of use; determined by photo uniqueness, size & placement (quarter, half or full page, cover, back cover), number of copies to be printed, language rights (single or multiple) requested and the term of use (3 months, 6 months, 1 year).
Rights Managed
Rights protection can be an advantage for high-profile projects, such as ad campaigns and promotions. When you use traditional licensing, you are assured of the limited use of the image. You can even request exclusive rights to that image to eliminate its simultaneous use by other agencies and competitors. Traditionally licensed images may require model, property, or estate releases (that is, permission from photographed subjects or owners of the objects to reprint their image). Image delivery options include your choice of electronic files or as transparencies, slides.
Standard Terms and Conditions
When you use rights managed content, the usage rights are defined and negotiated for your specific project needs. You have access to thousands of single images, many which are unique. The license you have defines how many times the image can be used and in what way. If your project and budget warrant it, Kennan Ward Photography can even provide you with exclusive or limited exclusive use in your market niche.
Pricing for Rights Managed
Pricing for rights managed images varies by how you plan to use them. Factors that affect price include the intended print run, intended use, reproduction size, distribution, and whether you want to purchase exclusive rights.
Pricing for traditionally licensed images is based on how the image is to be used. Some of the contributing factors include intended print run, intended use, reproduction size, and distribution.
Royalty Free Licensing
The royalty free license grants you non-exclusive use of the selected image in as many projects as you like, for a one-time flat fee. Once you purchase an image, it is pre-cleared and ready-to-use in promotional media: advertising, brochures, packaging, web sites, multimedia projects, and more. There are very few restrictions placed on how you can use these images. The royalty free license also allows you to alter an image and create unique works of your own. Royalty free does not include use for any products for sale, or for Corporate brand or trademark uses. These kinds of photo uses require a photo license agreement.
Permitted Use of this Site
This site is owned and operated by WILDLIGHT PRESS, INC., dba Kennan Ward Photography. All images and related informational materials in any medium furnished by Kennan Ward Photography hereunder, including related text, captions, or information (collectively referred to as “Images”) are owned by Kennan Ward Photography. All Images are protected by US and international copyright laws.
This site contains both Images that depict a visible watermark (“Watermarked Images”) and Images that do not contain a visible watermark (“Non-Watermarked Images”). Kennan Ward Photography allows you to search for, view, and use Watermarked Images only as permitted below. If you have registered for a user account and Kennan Ward Photography has approved your registration, you may be able to access Non-Watermarked Images, which shall be used only as permitted below. You may not remove any copyright or other proprietary notices contained in the Images, caption information, or any other material on this site. Kennan Ward Photography reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from us. All rights not specifically granted under this Agreement are reserved to Kennan Ward Photography. Additionally, you may not employ software to “crawl” or search our web site and/or retrieve Images or related information.
Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors.
Registering For A Kennan Ward Photography Account
To obtain access to Non-Watermarked Images, you may apply for a Kennan Ward Photography account and you agree to provide true and accurate information. Kennan Ward Photography reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the web site and your account only by using the account number and password supplied to you by us. You are responsible for maintaining the confidentiality of your account number and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Kennan Ward Photography of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that you notify Kennan Ward Photography of any unauthorized use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Kennan Ward Photography account or web site or related services.
Children
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.
Your Use of Images
“Images” include without limitation all digital images and any related textual information (including captions and credits). Images include visibly or electronically watermarked and reduced resolution Images (“Watermarked Images”) or higher resolution non-watermarked Images (“Non-Watermarked Images”).
Use of Watermarked Images
Conditioned on your compliance with this Agreement, Kennan Ward Photography grants you a limited license to download Watermarked Images solely for evaluating whether you wish to purchase a license to the Non-Watermarked Image according to the Standard Terms and Conditions applicable to your use. You may use the Watermarked Images for up to thirty (30) days from the date of download in your internal "comps" and layouts to assist in your evaluation. You may not use a Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use. Kennan Ward Photography grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
Use of Non-Watermarked Images
Your use of Non-Watermarked Images shall be governed solely by the Standard Terms and Conditions applicable to your use. Only Authorized Users may access and download Non-Watermarked Images. Non-Watermarked Images require a licensing fee and invoice terms.
Photography Licensing
Your ability to view an Image does not entitle you to use of that Image. Images may contain such restrictions as restrictions to time, industry, manner and territory of use. Use of an Image in violation of its restrictions is not allowed.
Images cannot be used as a trademark or service mark, for unlawful purposes or to defame any person. Any unauthorized use constitutes copyright infringement and shall entitle Kennan Ward Photography to pursue all rights and remedies under applicable copyright law.
Kennan Ward Photography does not share or sell e-mail or client information. If you would like to unsubscribe you can opt-out.
License an image from Kennan Ward Photography
Reproduction of Images
Reproduction of Images is limited to (i) internal evaluation or comps, or (ii) the specific use described in your invoice, which together with these terms shall constitute the full license granted. Additional restrictions indicated in the invoice may contain limitations on your use, medium, time period, print run, placement, size of Image, territory, and any other restrictions. Your failure to make full payment when due shall terminate any license granted to you.
You may not otherwise make, use or distribute copies of any Images for any purpose, except as authorized. Kennan Ward Photography reserves all rights to the Images, and you do not acquire any copyright, ownership or equivalent rights in or to any Image as a result of any license Kennan Ward Photography grants to you.
The limited license granted to you is personal and non-transferable; the work you produce incorporating the Image must be for your own use or for the use of your direct employer. If you are licensing an Image on behalf of or for use by a client, that client must be the sole end user of your work. You may not sell, rent, loan, give, sublicense or otherwise transfer to anyone the Image or any right to reproduce the Image, except insofar as it has been incorporated by you into the permitted use as stated in the invoice.
No Alterations Authorized
You may not make or permit any changes to the Images beyond minor cropping and standard color correction unless agreed in writing by Kennan Ward Photography.
Credit Line and Copyright Notice
Editorial uses include a copyright notice and photo credit with “©Kennan Ward” printed onto or next to each image published. Credit lines are mandatory in this industry and if neglected, the use fee will be charged at triple rates.
Sales Tax
Sales made within the state of California require sales and use tax.
Royalty Free End-user License Agreement
Royalty free images are available for limited uses. By using this website or using royalty free images it is understood that you agree to the terms limiting these uses. Please contact us if you require additional rights. The category of Royalty Free images are a select group of images. Not all photos on the website are available with this royalty free agreement.
- By using an Image under this agreement you are bound by this agreement. If you do not wish to accept these terms, do not use the images.
- Upon payment of purchase price and compliance with your invoice terms and this agreement, you will receive a non-exclusive, non-transferable right to use and reproduce Images in our Royalty Free collection as follows: For any printed promotional items that are “not for sale at retail or wholesale level.” Promotional uses are acceptable as cards, brochures, reports, flyers, educational textbooks, editorials, cd covers, newsletters, or other promotions that are not for sale. Unauthorized “retail photo products” include, without limitation any item produced for sale at retail or wholesale. Also any trademark use is not authorized. These require a photo license.
- Your purchase of Royalty-Free work is non-transferable. Your purchase is for your own use, or for your client or employer who authorized you to make the purchase for their use. You may not sell, rent, loan, give, sublicense, or otherwise transfer to anyone either the CD or and Image or the right to use the CD or an Image, (except as the Image has been used by you for the permitted promotional use as described in your invoice). Nothing you produce with the Image shall grant or encourage any one else to use or duplicate the Image. You agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Images.