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Photo Usage Agreement
By uploading images to GardenGateMagazine.com this agreement is made by and between Cruz Bay Publishing, Inc., dba Garden Gate magazine (“Cruz Bay”) and the owner of the photographs or images (“Owner”).
Owner grants to Cruz Bay a perpetual, nonexclusive license to use the following photographs or images in any and all forms including but not limited to publications, on the internet, and electronic formats. These rights apply to all forms of media in which Cruz Bay is involved, either alone or with a third party. Further, Cruz Bay shall have the right to alter or touch-up such photos or images without approval or permission from the Owner.
Owner represents and warrants that: (i) each image is original and does not infringe any existing work; (ii) Owner has the right to make this Agreement and to grant the rights herein granted; (iii) Owner is the photographer or has an Agreement with the photographer to allow granting these rights to Cruz Bay; (iv) Owner has obtained all releases (property and model releases) necessary to grant the rights contained herein; (v) Owner shall indemnify and hold harmless Cruz Bay, its parents, subsidiaries, affiliates, sublicenses and permitted assigns, and their respective officers and employees from and against any and all claims, charges, costs, causes of action, judgements or liabilities (including, without limitation, attorney's fees) that may arise as a result of a breach by Owner of its representations, warranties, or obligations hereunder.
There shall be no payment or consideration from Cruz Bay to use these photographs or images in any and all forms.
This Agreement shall be interpreted, construed, and governed by the State of Iowa.