Adam Auel Photographer | Washington

Flipside Prodigy Inc. dba FoundFolios ("FoundFolios") maintains websites within the domains FoundFolios.com, ADBASE.com and myim.gs (collectively, the "Domains") to, inter alia, provide artists and their representatives with online access, display and marketing of digital copies of their works to potential clients. You (the "Advertiser") acknowledge that your access to and use of websites under the Domains to reproduce, alter, publish, distribute, advertise, offer and display (collectively "Use") digital copies of your work is subject to the each of the Domains' Terms and Conditions as well as the following terms and conditions set out in this Advertiser Agreement.

1. Advertiser Representations and Warranties. All submissions of any image or images (collectively and individually, the "Work") are accepted and Used by FoundFolios under your representation and warranty that you, the Advertiser (i) are the copyright owner or are authorized by the copyright owner to give FoundFolios the right to Use the Work and have the right to grant the licenses to the Work as set forth in this Agreement; (ii) have obtained all necessary permissions from each person appearing in the Work sufficient to permit FoundFolios to Use each such person’s likeness worldwide on the Domains, and that such permissions are memorialized in model releases currently in your possession; (iii) have obtained all necessary permissions from the owners of property appearing in the Work sufficient to permit FoundFolios to Use each such property’s likeness worldwide on the Domains, and that such permissions are memorialized in property releases currently in your possession; and (iv) the Use of the Work by FoundFolios on the Domains does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity.
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3. Limitation of Liability. In the event that the hold harmless provision in favour of FoundFolios in section 2 above is deemed inapplicable, or otherwise, in the event of an unintentional breach by FoundFolios, the Advertiser agrees that FoundFolio's liability for damages arising out of, relating to or in any way connected with any Claim shall in no event exceed the amount paid by you to FoundFolios for your most recent online portfolio subscription. Subject to the foregoing, you agree that you shall be solely liable for any Claims, including damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from the posting of any Work by you on the Domains and to pay for all royalties, fees, damages and any other monies owing any person by reason of any Work posted by you to or through the Domains.
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• a. publishing of the Work on the Domains in accordance with the FoundFolio's website Terms and Conditions,
• b. publishing of screenshots of websites on the Domains which may include the Advertiser’s Works, for FoundFolios’ own marketing purposes which will be accompanied by a credit and/or copyright notice identifying the Advertiser.
Other than the uses described above, FoundFolios will not use any Work for any other purpose without advance permission from the Advertiser, and agrees that all such usages will be accompanied by a credit identifying the Advertiser and will be hyperlinked to the Advertiser’s portfolio where possible. For greater certainty, FoundFolios makes no copyright ownership claims whatsoever over the Work.
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8. Copyright Policy. FoundFolios has adopted a policy toward copyright infringement with respect to the Domains which is located at Section 6 of the Terms of Use, all in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://lcweb.loc.gov/copyright/legislation/dmca.pdf. Advertiser acknowledges and agrees that if FoundFolios removes an image in connection with this policy, that FoundFolios will in no way have breached this Agreement.
9. Amendments. FoundFolios may at any time revise this Advertiser Agreement by notifying you of such changes with a minimum of two weeks notice before such modifications become effective. During this notification period you may remove the Work from our websites or continue to display the Work and be bound by any such revisions.
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