Photography Terms of Service Agreement
This agreement is made between the person paying for photography services (hereby referred to as "the Service") and any third parties benefiting from the delivering of the Service (hereby referred to as "the Client") and GoKolansky LLC providing the Service.
The finished resulting artwork (including but not limited to photos, videos, slideshows, prints, books, and other artwork) shall be referred to as "the Content."
- The Client hereby grants GoKolansky LLC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with GoKolansky LLC’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
- Alterations. At no time may the Content be altered by Client. Any post-processing work must be done by GoKolansky LLC.
- Copyright. Copyright of the Content will be retained by GoKolansky LLC. GoKolansky LLC agrees that no publication, distribution, reproduction, recording, display, or other right under copyright will be exploited by GoKolansky LLC other than in strict conformity with this Agreement.
At Client's request, GoKolansky LLC will assign its enforcement rights to the Client so that the Client may enjoin or otherwise remedy a third parties’ violation of the terms, conditions, and restrictions of this Agreement.
- Third Party Clearances. GoKolansky LLC will be solely responsible for any and all other individual authorizations, releases, consents, clearances, licenses, and payments as may be necessary with respect to the use of the Content.
- Indemnification. You agree to indemnify and hold harmless GoKolansky LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Photographs, including but not limited to your violation of this Agreement.
- Limitation of Liability; No Consequential Damages. NEITHER GOKOLANSKY LLC NOR ITS SUPPLIERS SHALL BE LIABLE TO PARTNER OR ANY THIRD PARTY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, TORT OR COVER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, DELAY OF DELIVERY AND IMPLEMENTATION OR LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. GOKOLANSKY LLC’S LIABILITY FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE ACTUAL AMOUNTS ALREADY PAID BY CUSTOMER TO GOKOLANSKY, LLC FOR THE SERVICES GIVING RISE TO SUCH DAMAGES IN THE PRIOR THREE MONTH PERIOD. Notwithstanding the foregoing, GOKOLANSKY LLC shall have no liability to Customer whatsoever as a result of (i) the discontinuance, unavailability or failure of any Services, (ii) the failure by GOKOLANSKY LLC to accept any prospective Customer or any order for Services or (iii) the failure by GOKOLANSKY LLC to provide or to continue to provide any Services to Customer due to termination or assignment of such Customer’s agreement with GOKOLANSKY, LLC.
- Force Majeure Events. Neither Party shall be liable for any failure to perform any of its obligations hereunder (other than payment of money) which results from acts of God, the elements, fire, flood, component shortages, force majeure, riot, insurrection, industrial dispute, accident, war, acts of terrorism, embargoes, legal restrictions, utility or communications failures or interruptions, failures of third party vendors, Internet slow-downs or failures, computer hackers or any other cause beyond the control of the Party.
- Payment for Services. Payment for all services is done via credit card. Credit card will be collected up-front for all services. Payments are automatic and immediate.
If the Client is unable to pay before the service is rendered, then GoKolansky LLC shall have no obligation to perform service until a new agreement can be established.
Should a client be unable to pay for services after the service has been rendered then GoKolansky LLC will have a right to charge an additional reasonable fee of 10% the full cost of service for each week (7 days) the client is unable to pay until such a time that the account is settled in full.