“Client understands and agrees that HE/SHE is not buying the Image(s) but is paying only for a licence to use the Image(s) + Video for the duration as per set in the initial agreement ( 1 year ). (You don't own the content and can't give, gift, or resell the content to any other entity to recoup your expenses) ** DISCLAIMER ( Please Read ) Client acknowledges that MITCHELL HUBBLE ( PHOTOGRAPHER) Modern Movement Creative INC is the author of the Image(s) + Video(s) and also the first and sole owner of all copyrights of the Image(s). All Images and copyrights remain the exclusive property of Modern Movement Creative Inc without limitation. No Electronic Publishing, Internet use, Printing, is permitted unless specifically stated. Any still images or video re used - or distributed without specific permission from myself will be subject to damage costs. Client understands images CANT be re sold on behalf of Modern Movement Creative Inc without any notice unless stated. Posting / Uploading to internet websites such as YouTube, Vimeo, & monetizing videos is strictly prohibited.
In Addition to the Prohibited Uses described above, The Client further may NOT:
1. Use the Content in design template applications intended for resale, whether on-line or not, including, without limitation, website templates, Flash templates, business card templates, electronic greeting card templates, and brochure design templates;
2. Use the Content in any posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit;
3. Incorporate the Content in any product that results in a re-distribution or re-use of the Content (such as electronic greeting card web sites, web templates and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file;
4. Use the Content in a fashion that is considered by Modern Movement (acting reasonably) as or under applicable law is considered pornographic, obscene, immoral, infringing, defamatory or libelous in nature, or that would be reasonably likely to bring any person or property reflected in the Content into disrepute;
5. Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Content;
6. Sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement;
7. Install and use the Content in more than one location at a time or post a copy of the Content on a network server or web server for use by other users;
8. Use or display the Content in an electronic format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, including torent servers;
9. Use the Content for editorial purposes without including the following credit adjacent to the Content or in audio/visual production credits: “Modern Movement Creative”
10. Monetize content
Property and Model Releases
The Client acknowledges that Modern Movement Creative may require model and/or property releases to be signed. In the event that Modern Movement Creative or The Client is unable to obtain the necessary release, The Client will hold Modern Movement Creative harmless for any loss or damages that may arise from such.
The Client acknowledges that for all Realtor - Design - Builder packages, that Modern Movement Creative is not required to obtain a property release from the owner of the property photographed and that the Client agrees to obtain consent from the owner(s) and or tenants of the property photographed for all the permitted uses outlined within this agreement.
The Client acknowledges Modern Movement Creative may use The Content in its own online and print promotion, for example online on Modern Movement Creative’ website and other affiliated websites, image hosting services online ( Facebook, Youtube, Instagram ). Some Content such as virtual tours and photos will be posted online for the benefit of, or at the request of the Client, and it will be the responsibility of the Client to inform Modern Movement Creative in writing or by e-mail to info@modernmovement.ca if such posting of the Content requires removal from the web, upon which Modern Movement Creative will remove the Content from the web as requested by the Client in a reasonable timeframe if applicable. NOTE: Photographer does not have to remove content if by removal damages social presence & or generates a loss in revenue.
Term of Agreement