4 Dissatisfaction with Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned Online Gallery. Upon receiving photos on an online gallery with every final digital image chosen by the photographer Client accepts all responsibility for archiving and protecting the photographs. Photographer is not responsible for permanently archiving image files after they are delivered. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are downloaded to their devices. PHOTOGRAPHER WILL KEEP THE CLIENT'S GALLERY ONLINE FOR
MINIMUM OF 6 MONTHS AFTER POSTED DATE. IT IS THE CLIENT'S RESPONSIBILITY TO MAKE SURE HE OR SHE HAS SAVED ALL IMAGES TO A DEVICE CAPABLE OF STORING THE IMAGES. THE PHOTOGRAPHER IS NOT RESPONSIBLE FOR CLIENT'S FAILURE TO
SAVE IMAGES PROPERLY. If the client fails to properly store images, or needs their gallery re-uploaded, they will be charged $100 as a re-upload fee.
Intellectual Property Copyright Ownership
It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer. In the event that any copyrighted work(s) are created as a result of the Services provided by Photographer in accordance with this Agreement, Photographer owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Photographer and may be used in the reasonable course of Photographer's business.
Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
Permitted Uses of Product(s Photographer grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Photographer with attribution each time Client uses Photographer's property. Personal use includes, but is not limited to, use within the following contexts: 1 In photos on Client’s personal social media pages or profiles; or 2 In personal creations, such as a scrapbook or personal gift; or 3 In personal communications, such as a family newsletter or email or holiday card. Social Media. The Client may share web/blog post links and social media posts/albums through use of the share functions and dissemination of direct links. Client shall not add any additional editing/filters to images received from the Photographer.