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THESE TERMS AND CONDITIONS OF USE (these "Terms and Conditions") constitute a legally binding agreement with respect to this website, the original artwork displayed on this website (the "Artwork") and any images of the Artwork (whether or not separately licensed) (collectively, with the Artwork, the "Images"), and related informational materials displayed on this website, in each case, between you ("User") and Film Art LA.com ("Film Art LA") as representative of the applicable artist ("Artist") as of the date of acceptance of these Terms and Conditions by User, which acceptance is indicated by User's (i) use of the Film Art LA online system, (ii) acceptance of the Images in any medium or (iii) failure to immediately return the Images to Film Art LA.

Reservation of Rights. User shall have the right to use the Images only for examination and preview purposes (as described more fully in the section entitled "Preview of Images") or pursuant to a valid license of the Images (as described more fully in the section entitled "License of Images"). Except for such limited rights Film Art LA reserves all rights to (i) the Images, (ii) any copyrights to the Images and (iii) and any publication right which may arise from the Images, each of which shall remain the property of Artist. User does not acquire any rights in or to any Images except as expressly specified herein or pursuant to a valid license of the Images.

Preview of Images. Until such time that User agrees to enter into a license arrangement of the type set forth in the next succeeding section, Film Art LA provides the Images to User solely for the purposes of examination and preview. Any use of the Images by User for examination and preview purposes shall be limited to the rights granted in the preceding sentence and these Terms and Conditions.

License of Images. The Images may not be used for any purpose other than as set forth in the immediately preceding section without the express written permission of Film Art LA as evidenced by a written invoice (the "Invoice") and payment of such Invoice. Subject to User obtaining all necessary third-party releases and permissions, Film Art LA shall grant to User, a limited, non-exclusive right to use, and to otherwise display, copies or photographs of the Images solely for the purposes set forth in the Invoice and these Terms and Conditions. Notwithstanding any term or condition herein to the contrary, any such license of the Images shall be subject to the following terms and conditions:

   (i) User is solely responsible for determining whether User's use of any Images requires the consent of any third party or the license of any additional rights, and User should not rely solely on the information provided by Film Art LA. In particular, other than as specified in the applicable Invoice, Film Art LA makes no representation or warranty regarding whether appropriate private property releases, location releases or copyright and trademark releases have been obtained and/or retained. If User is unsure whether additional third-party rights are needed for User's use, User is responsible for consulting with competent rights management professionals or legal counsel.

   (ii) As a convenience, our site may link to other sites that may be of interest to User but are not under Film Art LA's control. These links do not imply endorsement by Film Art LA and we are not responsible for the availability of or the content contained in any linked site. The Film Art LA site may contain or use technology that provides Film Art LA and its affiliates with information regarding User's use of this site, or which permits Film Art LA to audit User's compliance with this Agreement via the use of software designed to track and identify Images. Please consult our Privacy Policy for specific information on Film Art LA policies for use of User's personal information.

   (iii) Images may contain listed restrictions, including, without limitation, restrictions as to time, manner, industry and territory of use. User's ability to access an Image does not in itself entitle User to use that Image. Use of any Image contrary to a listed restriction is prohibited. If User does not understand or is unsure as to any restriction, User must contact Film Art LA prior to download or use of any Image.

   (iv) Without limitation, Images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark or service mark of any person/entity. Unauthorized use of the Images constitutes copyright infringement and shall entitle Film Art LA to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Film Art LA's rights or remedies in connection with any unauthorized use.

   (v) Any license granted by Film Art LA shall not constitute a representation that any Image is compatible for use with any other material. User is solely responsible for the use of any Image in combination with any other materials, and User agrees not to use Image with sensitive topics without Film Art LA's separate written agreement. Sensitive topics include, without limitation, topics that may depict the subject matter of Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. Certain Images may be available for use with sensitive subjects. User must contact Film Art LA for additional information prior to any use of an Image with any sensitive topic.

   (vi) Images designated as "model released" means that the person depicted in the Images has signed a release permitting reproduction of the Images depicting such person, subject to the restrictions contained in these Terms and Conditions, including, without limitation, sensitive subject uses. If Film Art LA erroneously advises User that an Image is model-released when it is not, Film Art LA's liability shall be limited to the amount User paid Film Art LA for use of the Image. If the Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that mode, User must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by Film Art LA is conditioned upon User's obtaining all necessary third-party rights, releases and permissions. User agrees to provide Film Art LA with proof of such releases and permissions upon request.

   (vii) User may not use the trademarks or service marks of Film Art LA without Film Art LA's prior written consent. Film Art LA and the Film Art LA logo are registered trademarks of the Film Art LA Corporation.

   (viii) Except for any liability which cannot by law be excluded or limited, neither Film Art LA nor any Film Art LA affiliate shall be liable to User or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the Images, whether named as a breach of warranty of merchantability or fitness for a particular purpose or non-infringement, upon any legal theory, in tort, contact, failure of essential purpose, or otherwise. In no event shall Film Art LA's or its affiliates' liability for User's use of any Image provided hereunder exceed the greater of (a) the amount invoiced and paid by User for the use of that Image or (b) $500.

   (ix) Film Art LA may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Film Art LA's site, send Film Art LA's copyright agent a notice containing (a) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner, (b) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing, (c) a description of where the material that you claim is infringing is located on the Film Art LA site, (d) information sufficient to permit Film Art LA to contact you, such as your physical address, telephone number, and email address, (e) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law and (f) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Film Art LA's copyright agent for notice of claims of copyright infringement can be reached as follows: Hughes Hubbard & Reed LLP, Attn: Howard Hart, Esq., 350 South Grand Avenue, 36th Floor, Los Angeles, California, 90071-3442.

Indemnification. User agrees to defend, indemnify and hold Film Art LA and Artist and each of their respective shareholders, members, directors, officers, employees, agents and affiliates harmless from and against any and all claims, liabilities, judgments, penalties and all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred in connection therewith, which any of them may now incur or to which any of them may be subjected, arising out of or relating to the breach of any representation, warranty or covenant set forth herein. Without limiting Film Art LA's rights with respect to the Images, all of which are specifically reserved, unauthorized use of the Images constitutes copyright infringement and shall entitle Film Art LA to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages. The foregoing is not a limiting statement of Film Art LA's rights or remedies in connection with any unauthorized use.

Limitation on Liability. Film Art LA provides User with its online system on an "as is" basis. Film Art LA makes no representations or warranties (i) of any kind about its online system, including, but not limited to, warranties of merchantability and fitness for a particular purpose, (ii) with respect to the subject matter of any Images or underlying rights to proprietary material depicted within any Images, (iii) as to the accuracy of any information provided with the Images. Functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. User, not Film Art LA, assume the entire cost of all necessary servicing, repair or correction due to User's use of this website. Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, none of Film Art LA, Artist or any of their respective directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages), whether framed as a breach of warranty, in tort, contract, failure of essential purpose, or otherwise, arising out of User's use of, User's inability to use, or the performance of this website or the Images whether or not we have been advised of the possibility of such damages.

Registering For a Film Art LA Account. To obtain access to Images, User may apply for a Film Art LA account and User agrees to furnish true and accurate information. Film Art LA reserves sole discretion over whether to grant User an account, and User agrees to access the authorized sections of the web site and User's account only by using the account number and password supplied to User by Film Art LA. User is responsible for maintaining the confidentiality of User's account number and/or password, if applicable, and User shall not distribute this access information or allow others to use this access information to gain access to this site. User agrees to take reasonable steps to prevent others from obtaining User's access information and to notify Film Art LA of any unauthorized access or need to update or remove access for any of User's employees or agents. User shall be liable for payment for all Images downloaded by others using User's account, with or without User's permission or knowledge prior to the time that User notifies Film Art LA of any unauthorized use. User agrees that User shall not acquire any rights of use, ownership, or bailment as a result of using any Film Art LA account or web site or related services.

Other Matters. These Terms and Conditions shall be binding upon User and User's heirs, successors, assigns and personal representatives. These Terms and Conditions constitute the entire understanding between the parties. These Terms and Conditions can only be modified in writing signed by Film Art LA. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without reference to its laws relating to conflicts of law and not including provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. User submits to the jurisdiction of the courts of the State of California in the County of Los Angeles, and User agrees to accept service of process by any notice method and hereby waive any jurisdictional or venue defenses otherwise available to User. No waiver by Film Art LA of any default shall be deemed a waiver of a prior or subsequent default of the same or other provision of these Terms and Conditions.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN USER AND FILM ART LA. PLEASE READ THESE TERMS AND CONDITIONS IN THEIR ENTIRETY BEFORE CONTINUING TO USE THIS WEBSITE OR DOWNLOADING ANY IMAGE. BY CLICKING ON THE BUTTON THAT STIPULATES AGREEMENT TO THE FOREGOING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, USER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF USER DOES NOT AGREE, CLICK THE CANCEL BUTTON TO DECLINE THESE TERMS AND CONDITIONS, AND DISCONTINUE USING THE SITE.