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Photography Licensing Terms Agreement

This Photography Licensing Terms Agreement ("Agreement") regulates the usage rights between the webpage owner Frank Karl Zoellner and the user/sender of the Form Participation in a publication, hereinafter referred to as "Photographer", and Frank Karl Zoellner, hereinafter referred to as "SagaMagic".

1. Scope of Work
The Photographer agrees to provide SagaMagic with one high-resolution digital image as described in the Form Participation in a publication, which is part of this Agreement. The image will be delivered via the form.
 

2. Grant of License
The Photographer hereby grants to SagaMagic a non-exclusive, worldwide, perpetual license to use the Images for the following purposes:

  • commercial use, advertising, promotional materials, online and print media and digital print products

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3. Restrictions
Unless otherwise agreed in writing, SagaMagic shall not:

  • Sub-license, sell, rent, lend, or otherwise distribute the Images to third parties.

  • Use the Images in any manner that is considered defamatory, libelous, obscene, or illegal.

  • Alter or modify the Images without the Photographer's prior written consent.
     

4. Credit and Moral Rights

  • SagaMagic agrees to provide credit to the Photographer in a manner agreed upon by both parties for the use of the Images that is public in nature. The credit is likely the publishment in a physical book. The credit is clearly no money payment to the Photographer.

  • The Photographer asserts their moral right to be identified as the author of the Images and will not be associated with any work or derivative thereof in a manner that is prejudicial to the Photographer's honor or reputation.
     

5. Term and Termination

  • This Agreement is effective from the moment of submitting the form Participation in a publication and shall continue unless this agreement will be terminated by the Photographer with 60 days written notice.

  • Upon termination, SagaMagic must cease all use of the Images and delete or return all copies of the Images to the Photographer.

  • Due to SagaMagic's business model, if the agreement is terminated, the photographer must compensate SagaMagic, as SagaMagic acted in good faith and third-party rights may exist to market the image, such as publishing or delivering a book. The compensation is at least €800.
     

6. Indemnification
SagaMagic agrees to indemnify, defend, and hold harmless the Photographer from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of the use of the Images not in accordance with this Agreement.

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7. Governing Law
This Agreement shall be governed by the laws of Spain. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Spain, province Cadiz. The place of jurisdiction for any case is Algeciras/Spain.

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8. Entire Agreement
This Agreement constitutes the entire agreement between the parties regarding its subject matter and supersedes all prior agreements and understandings, whether written or oral.

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9. Amendment
No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.

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10. Agreement acceptance
The submitted Form Participation in a publication is part of the agreement and also constitutes acceptance of the agreement terms. Should the form contain additional contractual clauses, these shall be considered a valid amendment to this agreement.

Version 1.0 from 25th of December 2025

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