GTC

General Terms & Conditions

By using this website you are agreeing to the following conditions:

Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of Inventario Documental / Cachuelo Audiovisual, its licensors, or its third party partners.

Removal of Images: Client assumes insurer's liability (a) to indemnify Cachuelo Audiovisual for misuse of any Images. Unless the right to archive Images has been specifically granted by Cachuelo Audiovisual, Client agrees to remove or destroy all digital copies of all Images.

Photo Credit: All published usages of Images will be accompanied by written credit to Photographer or copyright notice as specified.

Alterations: Client will not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material. Client may not make or permit any alterations, including but not limited to additions, subtractions, or adaptations in respect of the Images, alone or with any other material, except that alterations of contrast, brightness, and color balance, consistent with reproduction needs may be made.

Indemnification: Client will indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of the creation or any use of any Images or arising out of use of or relating to any materials furnished by Client. Unless delivered to Client by Photographer, no model or property release exists, and it is Client's responsibility to obtain the necessary permissions for usages that require any model or property releases not delivered by Photographer. It is Client's sole responsibility to determine whether any model or property releases delivered by Photographer are suitable for Client's purposes.

Assumption of Risk: Client assumes full risk of loss or damage to or arising from materials furnished by Client and warrants that said materials are adequately insured against such loss, damage, or liability.

Transfer and Assignment: Client may not assign or transfer this agreement or any rights granted under it. This agreement binds Client and inures to the benefit of Photographer, as well as their respective principals, employees, agents, and affiliates, heirs, legal representatives, successors, and assigns. Client and its principals, employees, agents, and affiliates are jointly and severally liable for the performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding unless set forth in writing and signed by the parties. However, the invoice may reflect, and Client is bound by, Client's oral authorizations for additional Images, fees and expenses that could not be confirmed in writing because of insufficient time or other practical considerations. Photographer is an independent contractor and not an employee.

Jurisdiction: Client hereby expressly consents to the jurisdiction of the judges and courts of the Republic of Ecuador with respect to claims by Photographer, including subsidiary and related claims.

Invoicing and Payments: The Client has 30-days from the invoice date to remit payment in full to Cachuelo Audiovisual, unless they are an established vendor with other written terms. Failure to pay within the above-mentioned time period will result in a 10% late fee after 60-days past due. If Cachuelo Audiovisual deems necessary to forward the unpaid invoice to a Collection Agency, Client will be responsible for all of the Collection Agency fees and expenses in addition to the initial invoice and 10% late fee.

 

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