TERMS & CONDITIONS
Barbell Productions is a registered trade name in the state of Ohio, United States operated by Kevin Lam Photography LLC.
By purchasing a PERSONAL LICENSE package you are agreeing to and acknowledging the below rules/regulations:
- Your content will be emailed to you with a link to download your purchased content via DropBox.
- Photography packages consist of 15+ high-resolution photos.
- Photos will have a Barbell Productions watermark, as well as a USA Powerlifting logo.
- No photos will be taken during awards ceremonies.
- You may not edit, crop, retouch or add any filter on to any of the images.
- You may not crop out the watermarks in any of the images when posting to social media.
- All images are for personal use only and cannot be used for commercial purposes (ie to market or promote a business).
If any photos are edited or the watermark cropped out, Barbell Productions is allowed to ask the client to remove the photo, ask the client re-upload with the correct watermark, or take legal action. The entire copyright in the images is retained by Barbell Productions at all times throughout the world.
COMMERCIAL AGREEMENT
At checkout you will be prompted to check the box to agree to the following terms and conditions, by checking the box you (the client) are bound to the below contract/agreement.
Introduction
This is a legal agreement between you (Client) and Barbell Productions. This agreement applies when the Client purchases or licenses any photography services or related deliverable images (Licensed Content) from Barbell Productions. By purchasing, downloading or using Licensed Content provided by Barbell Productions, the Client agrees to the terms described within this license contract.
License Types
This Standard Commercial Photography License Agreement (Standard Commercial License) allows the client to use Licensed Content in accordance with predetermined guidelines, as outlined in the Licensed Content Usage section below.
Restricted Usage
The Client understands and agrees to the following restrictions on the use of Licensed Content:
- Unlawful Use – The Client will not use Licensed Content in any defamatory manner, or in violation of any applicable laws.
- File Storage – The Client will store only 2 copies of any Licensed Content file, and will not store such copies in any manner that allows for downloading or redistributing the file in its original format.
- Pornographic Use – The Client will not use Licensed Content in relation to any pornographic subject matter.
- Sensitive Use Disclaimer – If the Client uses Licensed Content in connection with subject matter that could be interpreted as controversial in nature, the Client agrees to indicate that the Licensed Content is for example purposes.
- False Representation – The Client will not falsely represent that they are the original creator of the Licensed Content. Use of licensed images without attribution is not considered False Representation.
- On-Demand Products – The Client will not use Licensed Content for the creation or production of on-demand or made-to-order products, such as, but not limited to, postcards, mugs, t-shirts, calendars or computer desktop wallpapers.
- Template Usage – The Client will not use Licensed Content for the creation of digital templates intended for resale or other distribution.
- Logo Usage – The Client will not use Licensed Content as part of a trademark, service mark, business name or logo.
Intellectual Property Rights
The Client understands that Barbell Productions retains all ownership and copyrights to Licensed Content. Any rights not expressly granted in this agreement are reserved by Barbell Productions. The Client is granted limited use of Barbell Productions name and logo for the purpose of attribution.
License Termination
Barbell Production may terminate this agreement at any time if the Client breaches the terms of this or any other agreement with Barbell Productions. When this agreement is terminated, the Client agrees to cease using Licensed Content specified by
Representations and Warranties
Indemnification
The Client agrees to indemnify and hold harmless Barbell Productions from any and all liabilities, damages and expenses stemming from the use of Licensed Content.
General Provisions
The Client understands and agrees to the following general provisions of this contract:
- Assignment – The Client is bound by this agreement and may not assign it to other individuals or businesses without the express written consent of Hamm Media. Hamm Media reserves the right to assign this agreement to any successor, without notice or consent.
- Licensed Content Audit – The Client agrees to provide Barbell Productions with samples, photographs or illustrations of Licensed Content in use. Barbell Productions may audit the Client’s usage of licensed content to ensure compliance with this agreement. If the Client is found to be using Licensed Content in a manner outside of accordance with this agreement, the Client agrees to reimburse Barbell Productions for the cost of the audit.
- Governing Law – This agreement will be governed by the laws of the state of Ohio, in the United States of America. The Client agrees to resolve any initial legal disputes in Franklin County, Ohio courts.
- Severability – If any of the provisions of this agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions will not be affected.
- Entirety – No terms or conditions outlined in this agreement may be modified by either party without the express consent of both parties, in writing.
- Notice – Any notices for Barbell Productions pertaining to this agreement or Licensed Content should be sent via email to info@barbellproductions.com. Barbell Productions will send any such notices to the Client’s email account used when scheduling photography services or purchasing or registering Licensed Content.
Questions or comments about this license agreement may be emailed to info@barbellproductions.com