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2021-484-E-Visitor Bureau-Photoshelter- Cloud base digital asset management platform licensing agreement
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2021-484-E-Visitor Bureau-Photoshelter- Cloud base digital asset management platform licensing agreement
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Last modified
9/7/2021 2:31:31 PM
Creation date
9/7/2021 2:31:16 PM
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Template:
Contract
Date
9/1/2021
Contract Starting Date
9/1/2021
Contract Ending Date
9/3/2021
Contract Document Type
Contract
Amount
$6,999.00
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<br />Services, PhotoShelter, in its sole discretion, may remove and/or delete the applicable Posted Content, <br />suspend and/or terminate Client’s and/or Client’s Registered Users’ access to the Services, and/or pursue <br />any other remedy or relief available to PhotoShelter under equity or law. <br />2.9. Copyright. PhotoShelter handles copyright infringement claims in accordance with the Digital <br />Millennium Copyright Act, a copy of which is located at <br />http://lcweb.loc.gov/copyright/legislation/dmca.pdf. <br />2.10. International Access. Some jurisdictions may prohibit or restrict the download, storage, display or <br />viewing of certain images or content or may otherwise limit use of or access to the internet and web‐ <br />based services, and in such cases, PhotoShelter cannot guarantee that these jurisdictions will permit the <br />use of or access to the Site, Services or any content thereon. Client and all Registered Users are <br />responsible for compliance with the laws of the applicable jurisdiction in which such Client or Registered <br />Users access the Site or Services. To the extent the Site, Services and content can be legally accessed, <br />PhotoShelter uses a global Content Delivery Network (CDN) to ensure they can be accessed and viewed <br />anywhere around the world in accordance with local expectations for internet speed. Furthermore, the <br />Site and the Services are hosted on computer servers in the United States, and therefore, Client’s <br />information may be processed and stored in the United States. Client’s use of the Sites or the Services or <br />Client’s submission of any information, including without limitation any personally identifiable <br />information, to PhotoShelter will constitute Client’s consent to the transfer of Client’s information to <br />PhotoShelter’s servers and the use and disclosure of such information in compliance with United States <br />laws, rules and regulations. <br />3. LICENSEES AND USER OBLIGATIONS. <br />3.1. License to Posted Content. Client owns, and as between Client and PhotoShelter, will continue to <br />own, all Posted Content. Client hereby grants and agrees to grant PhotoShelter a non‐exclusive, royalty‐ <br />free, fully paid up, sublicensable, worldwide right and license to use, reproduce, modify, display, perform, <br />distribute, and create derivative works of the Posted Content solely in connection with PhotoShelter's <br />operation of the Services and according to the Client’s specified visibility and access permission controls, <br />as indicated using the features and functionality made available on the Services. This license allows <br />PhotoShelter to take actions such as creating thumbnails and other various sizes of the images that Client <br />posts and lists on the Site or through the Services, presenting images in search results on the Services, <br />allowing Registered Users to browse image collections, or modifying Posted Content so that <br />PhotoShelter’s system can fulfill image download requests in multiple desired sizes to Client’s approved <br />Registered Users. PhotoShelter claims no right to use Posted Content in any manner that goes beyond <br />providing the Services, and PhotoShelter claims no commercial rights to Posted Content. <br />3.2. Registered Users. Client will use the Services to distribute Posted Content to on ly parties which Client <br />approves (“Registered Users”). Client can choose to grant Registered Users access to Posted Content by: <br />(1) providing each Registered User with a username and password to access the Posted Content; (2) <br />password‐protecting Client’s gallery on the Services that contains the Posted Content and sharing the <br />password with Registered Users to whom Client wishes to grant access or (3) designating the Posted <br />DocuSign Envelope ID: 79107112-9BB9-477B-B662-FF2F869640FC
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