9/15/06

Copyright Notice
©2006 The Hefner Collection has created and maintains this site to provide artistic, educational, and other information and resources to the general public. With the exception of licensable images found in the Asia Library, the contents of this site are for personal, educational and/or non-commercial use only. No part or segment of this site may be reproduced. Any reproduction of any of the text and or non-licensable images contained herein is a violation of applicable copyright laws

Your Consent:
By using our Web site you consent to our collection and use of the information as described in this Privacy Policy, which may be changed from time to time by us. If we change our privacy policies and procedures, we will post the revised Privacy Policy including such changes on our Web site. For your convenience and future reference, the date of the version of the Privacy Policy set forth on our Web site is listed below. You can print the version of our Privacy Policy that you reviewed and approved, and compare it to the version in effect when you use our Web site in the future to determine what, if any, changes have been made.

General Agreement:
THIS REPRESENTS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND THE HEFNER COLLECTION, FOR THE USE OF THE HEFNER COLLECTION'S WEB SITE, AND THE LICENSING OF ALL IMAGES THAT ARE RIGHT PROTECTED BY THE HEFNER COLLECTION.

When you download image files from this Web site, or retrieve files from The Hefner Collection through any means, via all media, you agree to and accept the terms and conditions of this Agreement.

If your use of this Web site is on behalf of your employer or another third party, then 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 the express permission of The Hefner Collection. All images are licensed under the terms and conditions as specified at time of purchase. No image license is valid until payment has been processed. Any use of images without prior payment and/or The Hefner Collection's express authorization, constitutes a copyright infringement and will be subject to prosecution under international copyright law. All rights not specifically granted are retained by The Hefner Collection.

Images are not sold; the use of such material is licensed and it remains the sole and exclusive property of The Hefner Collection and/or the individual artist or photographer.

Images cannot be distributed or re-sold independent from the primary use defined and agreed to 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 in any form. You agree not to make, authorize, or permit any use of any image except as specifically set forth here and on the invoice you receive.

Failure to comply with any of the provisions of this Agreement may result in immediate revocation of the license granted.

Copyright Protection:
All images licensed by The Hefner Collection are copyrighted and therefore protected by the intellectual property laws of the United States as well as the Berne Convention.

You agree to provide each reproduction of an image with the credit line: artist or photographer's name/The Hefner Collection. 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 assigned to The Hefner Collection or the artist, photographer or author, upon request and without charge. The Hefner Collection has the exclusive right to pursue any copyright infringement without regard to the rights granted. In the event that The Hefner Collection 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.

License Granted for Right Protected Images:
All licenses granted by The Hefner Collection for Right Protected images are limited to use within a one year period from the time images are purchased and by the terms granted for their use which is given on a non-exclusive basis, for geographical distribution limited to the country in which the license is granted, as specified on your invoice, including but not limited to derivative uses, electronic, CD-ROM, on-line or promotional rights. All images on this site are reserved for use and disposition by The Hefner Collection without any limitation whatsoever.

Terms of Payment:
No license shall be granted until full payment of our invoice is determined. Payment of The Hefner Collection's invoice is made electronically via credit card authorization or a client may establish an account for payment via other methods. Clients with accounts are issued special user registration information. Clients with accounts will be invoiced via e-mail. Payment of The Hefner Collection's invoices either by credit card authorization or by terms of account, must be made prior to the use of any and all images.

Payment of The Hefner Collection's invoices by users with accounts must be received on the sooner of thirty (30) days of its date net, without any discounts, or prior to the publication or use of any image. Account holders agree to pay The Hefner Collection a service charge of two (2) percent per month on any unpaid balance after this time period for use of the image.

Any disputes concerning The Hefner Collection's invoices 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.

Cancellation Policy for Right Protected Images:
By issuing a license for Right Protected images, The Hefner Collection has reserved certain rights for your use. If you decide not to utilize these rights, you must notify us in writing within ten (10) business days of your e-mail, or account generated, invoice notification to be eligible for a complete refund. After this ten (10) day period, and up to thirty (30) days from the date of notification, you will be subject to a cancellation fee equal to fifty (50) percent of the invoice amount. Thirty (30) days from the date of the notification, there will be no refund issued and the invoiced amount must be paid in full. Credits due for cancellations will first be applied to any unpaid balance before refunds are issued.

Unauthorized Use of Images:
In the event that you utilize any Right Protected image without prior to the granting of a license, or should you use any Right Protected image for any use other than that indicated on your invoice, including, but not limited to the number of uses, publications utilized, or the size of reproduction, The Hefner Collection reserves the right to seek damages through legal channels unless you agree to reimburse The Hefner Collection as follows:

Since it is acknowledged that it is difficult to determine damages resulting from unauthorized usage, The Hefner Collection agrees to forgo our right to sue you for copyright infringement on the condition that you agree to pay, as liquidated damages, a sum equal to four (4) times the normal price The Hefner Collection would have charged for such Right Protected image.

The Hefner Collection will calculate a usage fee by relying in good faith on the information you provide and will issue e-mail notification and a written invoice detailing the license granted.

If you fail to make payment as outlined above within ten (10) days of The Hefner Collection's billing such a fee, this liquidated damage provision shall be void and The Hefner Collection reserves the right to sue for copyright infringement plus attorneys' fees and all associated costs.

Releases, Permissions, and Sensitive Subject Usage:
Unless our notification and invoice specifically indicates an image has a model or property release, it is not to be construed that such a release exists.

The Hefner Collection gives no rights or warranties with respect to the use of names, trademarks, logos, registered or copyrighted designs, illustrations or slogans depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions, beyond fair use, as may be required for reproduction in any media, electronic or otherwise, are secured.

You agree not to use any image in a defamatory manner or context, either by changing or altering it in any way or by the use of accompanying text or design.

You agree to hold The Hefner Collection harmless from any and all claims and expenses arising from your use of an image. If you utilize said material prior to payment or without express permission from The Hefner Collection, we are relieved of any claim concerning the image as a result of its publication without permission.

The Hefner Collection reserves the right not to allow reproduction or use of any kind of an image for any reason whatsoever.

Under all circumstances, The Hefner Collection's liability is strictly limited to the price quoted for the use of the image in question.

Restrictions:
Certain restrictions apply to the use of Right Protected images found on this site. Those restrictions appear at the point at which you calculate the price for licensing any individual image. Not all images found on The Hefner Collection Web site are available for licensing. Such images are clearly designated.

No Waiver, 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 the parties participating in this agreement. No action of ours, other than express written waiver of any part of this contract, and no employee of The Hefner Collection is authorized to waive it orally. In the event we waive any specific part of this contract, it does not mean we waive any other part.

Arbitration:
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 Oklahoma City, Oklahoma, 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 Oklahoma, and you agree that the arbitrators shall award all costs of arbitration including legal fees, plus legal interest, to the successful party.

Governing Law and Jurisdiction:
This contract, its validity and effect shall be interpreted under, and governed by, the laws of the State of Oklahoma and shall be considered to have been made and accepted in Oklahoma. 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 Oklahoma City, Oklahoma and/or the Circuit Court of the State of Oklahoma for Oklahoma County.

Legal Fees:
If The Hefner Collection is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse The Hefner Collection for legal fees and disbursements if The Hefner Collection is successful.

U.C.C.:
The above terms are governed by Article 2 of the Uniform Commercial Code.

Acknowledgement:
By the act of registering for the use of this site and by acknowledging the designated fee and restrictions for the use of images that are Right Protected by The Hefner Collection, and by further agreeing to payment for the use of images found on this site, you acknowledge that you have fully read and agree to the terms and conditions set forth herein.

Return to Top