This Copyright Indemnification Agreement governs the submission of photographs, negatives, slides, albums, or other visual materials ("Materials") to Photografio, a DBA of Rob Comeau Media Productions, Inc. ("Photografio," "we," "us," or "our"), for scanning, digitizing, restoration, printing, or related services (the "Services"). It works alongside — and does not replace — Photografio's separate Limit of Liability document.
By submitting Materials to Photografio, you represent and warrant that you either (a) own the copyright to the Materials, or (b) have obtained permission from the copyright owner to have the Materials scanned, duplicated, restored, printed, or otherwise reproduced through the Services.
Family snapshots taken by you or a family member are almost always fine to submit. Extra care is worth taking with professional portraits (school photos, studio portraits, wedding photography), which are often copyrighted by the photographer or studio who took them, even if you own the physical print. If you are unsure whether a photo is copyrighted by someone outside your family, please ask us before submitting it rather than after.
You agree not to submit Materials that: (a) you do not own and do not have permission to reproduce; (b) infringe any copyright, trademark, or other intellectual property right of a third party; or (c) are unlawful, obscene, or otherwise violate applicable law.
By submitting Materials, you grant Photografio a limited, non-exclusive, royalty-free license to scan, copy, digitize, store, and process the Materials solely for the purpose of providing the Services to you. This license does not give Photografio any ownership interest in your Materials, and Photografio will not use your Materials for any purpose beyond providing the Services unless you separately and explicitly agree — for example, opting in to let us use a before/after restoration example in our marketing (see Section 7).
You agree to release, indemnify, and hold harmless Photografio, its owner, and Rob Comeau Media Productions, Inc., from any and all claims, damages, losses, and expenses (including reasonable attorney's fees) arising from or related to a breach of the representations in Section 2, including any third-party claim that Materials you submitted infringe their copyright or other rights.
Photografio does not independently verify copyright ownership of submitted Materials and has no obligation to do so. However, Photografio reserves the right, in its sole discretion, to decline to process, or to pause processing of, any Materials it reasonably believes may infringe a third party's copyright, pending confirmation of your right to submit them.
Photografio will not use your Materials, including before/after restoration examples, in marketing, social media, or advertising unless you separately and explicitly opt in. Declining to opt in has no effect on the Services you receive.
This Agreement addresses copyright ownership and permission only. It does not limit, expand, or replace the separate Limit of Liability document governing loss, damage, or delay of your Materials — both documents apply together to your order.
This Agreement is governed by the laws of the State of California, without regard to its conflict of laws principles.
Questions about this Agreement can be directed to info@photografio.com.