| 1. |
PHOTOGRAPHER RIGHTS AND OBLIGATIONS: |
| 1a. |
Photographer will periodically
submit to DINODIA a number of digital photographs in which he
/ she owns copyright. All photographs will have full and proper
captions. |
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| 1b |
Copyright in the photographs will remain the property
of the photographer. |
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| 1c |
Photographer warrants that he / she is the copyright
holder of the photographs and indemnifies DINODIA against such warranty.
Photographer is responsible for accuracy of captions. |
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| 1d |
Photographer warrants that he /she posses model
/ property releases where applicable and indemnifies DINODIA against
such warranty. Photographer is responsible for all costs and consequences. |
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| 1e |
DINODIA represents the photographer’s images
on worldwide non-exclusive basis. |
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| 2. |
LIBRARY SERVICES AND OBLIGATIONS: |
| 2a |
DINODIA will review all digital photographs submitted
by the photographer. |
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| 2b |
DINODIA will process and file accepted photographs,
and will host them on www.dinodia.com and partner sites. Photographs
not considered useful will be discarded by DINODIA at the sole discretion
of DINODIA without assigning any reason whatsoever. |
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| 3. |
FINANCIAL ARRANGEMENTS:: |
| 3a |
In compensation for library services, gross revenues
received by DINODIA shall be split between the photographer and
DINODIA as follows: Photographer 40%: DINODIA 60%. |
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| 3b |
DINODIA will send cheque for any sale made and payment
received. Cheque will be drawn in the name of the person accepting
this agreement. TDS or withholding tax maybe deducted as applicable.
If there is no sale made and payment received, no payment of any
nature would be made. |
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| 4. |
LIBRARY RIGHTS AND AUTHORITY: |
| 4a |
DINODIA has the right and authority to grant reproduction
rights to whatever markets and for whatever price that it deems
reasonable. DINODIA will determine these factors, as well as the
terms, without obtaining specific approval from the photographer. |
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| 4b |
It is understood that it is in the best interest
of both the photographer and DINODIA to optimize revenue. Every
effort will be made to do so. |
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| 4c |
DINODIA has the right to bring action for collection
of any sum due for the reproduction rights of photographs. DINODIA
has the authority to settle on whatever terms it deems proper. |
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| 4d |
DINODIA is herein authorized to institute a lawsuit against any party who has failed,
neglected and/or refused to make payments against any photographs delivered to it by DINODIA. Moneys received by
DINODIA as a result of said lawsuit for the lost value of said photographs would be divided between DINODIA and the
photographer, less legal fees payable to the attorney assisting us in this collection. Legal fees will be paid first
and the balance is split 40 – 60.
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| 5. |
RETENTION OF PHOTOGRAPHS: |
| 5a |
Photographs not discarded and held by DINODIA will
be retained for five years from the date of last submission. If,
after this time, the photographer should elect to recall his material,
one year from the date of their requested return will be deemed
a reasonable time for their deletion from our systems. |
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| 5b |
In view of the circumstances that, at any one time,
some photographs will be in foreign countries with agents or clients,
some will be in the hands of clients in distant parts of INDIA,
some will be in DINODIA files on the libraries premises - it is
contemplated that recall of any photographs may be extremely burdensome,
time consuming, and costly in clerical labor and effort. |
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| 5c |
Photographs already sold to clients cannot be recalled
or deleted. We can only stop selling the photographs further. |
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| 6. |
SAFE KEEPING AND IN THE EVENT OF LOSS OR DAMAGE: |
| 6a |
DINODIA shall exercise every precaution to ensure
the safety of all photographs held in its custody. |
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| 6b |
The photographer will obtain his or her own insurance
on photographs held by DINODIA, if desired. The library, although
exercising all reasonable care, will not be held responsible for
loss or damage. |
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| 7. |
AGREEMENT BINDING AND TERMS: |
| 7a |
This contract shall be effective for five years
from date of last submission and it shall renew itself for a like
period automatically at expiration date, unless it is terminated
in writing by either party, sixty day before expiration date. |
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| 7b |
Dinodia reserves the right to amend, modify or change
this agreement in any respect. |
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| 7c |
In the event of the photographer’s death, his heirs shall be bound by the terms of this
agreement and his nominee as per nomination form submitted by the photographer shall receive payments
which would otherwise accrue to the photographer.
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| 7d |
This agreement shall be binding upon the photographer
and DINODIA its heirs, executives, administrators, successors and
assigns. |
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| 7e |
This agreement is subject to ‘Jurisdiction’
of Courts in Mumbai, India only. |
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| 7f |
This agreement constitutes our entire understanding. |
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