Terms and Conditions

Terms and Conditions for Use by Press Reproduce/Display Images Solely for News Reporting Purposes
1. Subject to the terms of this agreement (the “Agreement”), the Barnes Foundation grants the Applicant a revocable, limited, non-exclusive, terminable license  to reproduce image(s) you select through this media download site in the form provided by the Barnes Foundation pursuant to the Agreement (the “Images”). The Images may only be reproduced in the context of a hardcopy news article and an electronic counterpart, if applicable, and may not be used or featured independently or in isolation in any format or media, or for any other purpose, without the prior written permission of the Barnes Foundation.  The license granted herein any night be assign or sublicensed by applicant without the Barnes Foundation’s prior written approval.
2. Applicant agrees to make no additional uses of any images from the Barnes Foundation’s collections, including (but not limited to) the Images, for any purposes not contemplated herein without the prior written approval of the Barnes Foundation. Any modification of this Agreement shall require permission in writing from the Barnes Foundation.
3. The reproduction of the Image(s) must be in black and white or color and, under no circumstances may the Images be reproduced on colored background. No images or text may be superimposed on the reproduction of the Image(s) (e.g., type, color or another image). Images may not be placed into other graphics without prior approval.  Any electronic reproduction must not exceed 250 x 250 dpi in resolution without the express permission of the Barnes Foundation.
4. Each Image must be reproduced in its entirety. No cropping, reformatting or other modification of the Images is permitted without the express written permission of the Barnes Foundation. Requests to reproduce one or more details from an Image will be considered only upon receipt of a marked-up photograph or photocopy of a photograph showing the exact area to be used. If approved by The Barnes Foundation, the word “detail” must appear in the caption with a complete credit line.
5. Any reproductions of the Image(s), in any and all media, shall remain the exclusive property of the Barnes Foundation. Use of the Image(s) shall be limited to that use specified herein. Permission under this Agreement does not grant any right, title or interest in and to any photograph, transparency or similar reproduction of an Image, either in black and white or color including electronic reproduction rights or promotion rights.
6. Applicant will ensure that any and all reproductions of the Images created pursuant to this Agreement shall include the following credit line, or such other credit line as the Barnes Foundation shall approve in advance in writing: “Photograph © 2012 The Barnes Foundation.”
7. The Barnes Foundation assumes no responsibility for claims against the applicant or by third parties. Applicant agrees to indemnify, defend and hold The Barnes Foundation, including its officers, directors, employees, agents, legal representatives, successors and assigns (the “Barnes Indemnified Parties”),  harmless from and against claims of whatever nature which may be asserted against the Barnes Indemnified Parties caused by or arising out of the applicants use of the Image(s), including the right to recover attorneys’ fees and court costs. Permission to reproduce does not purport to include any rights which persons other than the Barnes Foundation may have under the laws of various countries in which the work is published.
8.  This limited license is restricted to a term of six (6) months.  Thereafter applicant may not repurpose the Image or the content in which the Image appears without prior written permission of the Barnes Foundation.
9. Upon termination or expiration of this Agreement for any reason, Applicant shall ensure that all digital copies of the Images are deleted from any local or network storage within its custody or control, or within the custody or control of its agents or permitted sublicensees, and shall provide written confirmation of same at The Barnes Foundation’s request.
10. Applicant shall assume full liability for the actions of their employees, agents, and any sublicensees or assigns approved in advance by the Barnes Foundation, and freelance researchers for loss, damage, misuse or unauthorized use of the Images licensed under this agreement.
11. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes all prior agreements (whether written oral) between the parties hereto relating to the Image(s).
12. The terms of this Agreement shall be interpreted according to the Laws of the Commonwealth of Pennsylvania and the parties shall submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania in the event of a dispute. Should an applicant be found to have violated the terms of this Agreement by a competent court of Law, applicant shall be obligated to pay all attorneys’ fees, collection fees, interest and costs in connection with the prosecution of such violation.  The following Sections shall survive termination or expiration of this agreement for any reason:  2, 5, 7, 8, 9, 10, 11, and 12.

Terms and Conditions for Use by Press Reproduce/Display Images Solely for News Reporting Purposes

1. Subject to the terms of this agreement (the “Agreement”), the Barnes Foundation grants the Applicant a revocable, limited, non-exclusive, terminable license  to reproduce image(s) you select through this media download site in the form provided by the Barnes Foundation pursuant to the Agreement (the “Images”). The Images may only be reproduced in the context of a hardcopy news article and an electronic counterpart, if applicable, and may not be used or featured independently or in isolation in any format or media, or for any other purpose, without the prior written permission of the Barnes Foundation.  The license granted herein any night be assign or sublicensed by applicant without the Barnes Foundation’s prior written approval.

2. Applicant agrees to make no additional uses of any images from the Barnes Foundation’s collections, including (but not limited to) the Images, for any purposes not contemplated herein without the prior written approval of the Barnes Foundation. Any modification of this Agreement shall require permission in writing from the Barnes Foundation.

3. The reproduction of the Image(s) must be in black and white or color and, under no circumstances may the Images be reproduced on colored background. No images or text may be superimposed on the reproduction of the Image(s) (e.g., type, color or another image). Images may not be placed into other graphics without prior approval.  Any electronic reproduction must not exceed 250 x 250 dpi in resolution without the express permission of the Barnes Foundation.

4. Each Image must be reproduced in its entirety. No cropping, reformatting or other modification of the Images is permitted without the express written permission of the Barnes Foundation. Requests to reproduce one or more details from an Image will be considered only upon receipt of a marked-up photograph or photocopy of a photograph showing the exact area to be used. If approved by The Barnes Foundation, the word “detail” must appear in the caption with a complete credit line.

5. Any reproductions of the Image(s), in any and all media, shall remain the exclusive property of the Barnes Foundation. Use of the Image(s) shall be limited to that use specified herein. Permission under this Agreement does not grant any right, title or interest in and to any photograph, transparency or similar reproduction of an Image, either in black and white or color including electronic reproduction rights or promotion rights.

6. Applicant will ensure that any and all reproductions of the Images created pursuant to this Agreement shall include the following credit line, or such other credit line as the Barnes Foundation shall approve in advance in writing: “Photograph © 2012 The Barnes Foundation.”

7. The Barnes Foundation assumes no responsibility for claims against the applicant or by third parties. Applicant agrees to indemnify, defend and hold The Barnes Foundation, including its officers, directors, employees, agents, legal representatives, successors and assigns (the “Barnes Indemnified Parties”),  harmless from and against claims of whatever nature which may be asserted against the Barnes Indemnified Parties caused by or arising out of the applicants use of the Image(s), including the right to recover attorneys’ fees and court costs. Permission to reproduce does not purport to include any rights which persons other than the Barnes Foundation may have under the laws of various countries in which the work is published.

8.  This limited license is restricted to a term of six (6) months.  Thereafter applicant may not repurpose the Image or the content in which the Image appears without prior written permission of the Barnes Foundation.

9. Upon termination or expiration of this Agreement for any reason, Applicant shall ensure that all digital copies of the Images are deleted from any local or network storage within its custody or control, or within the custody or control of its agents or permitted sublicensees, and shall provide written confirmation of same at The Barnes Foundation’s request.

10. Applicant shall assume full liability for the actions of their employees, agents, and any sublicensees or assigns approved in advance by the Barnes Foundation, and freelance researchers for loss, damage, misuse or unauthorized use of the Images licensed under this agreement.

11. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof, and supersedes all prior agreements (whether written oral) between the parties hereto relating to the Image(s).

12. The terms of this Agreement shall be interpreted according to the Laws of the Commonwealth of Pennsylvania and the parties shall submit to the jurisdiction of the courts of the Commonwealth of Pennsylvania in the event of a dispute. Should an applicant be found to have violated the terms of this Agreement by a competent court of Law, applicant shall be obligated to pay all attorneys’ fees, collection fees, interest and costs in connection with the prosecution of such violation.  The following Sections shall survive termination or expiration of this agreement for any reason:  2, 5, 7, 8, 9, 10, 11, and 12.