Website Compliance, 2257 statement, Terms and conditions.

In compliance with labeling and record keeping laws as appropriate, all models and other persons who appear in any visual depiction of sexually explicit conduct appearing or otherwise contained in this website were over the age of eighteen years at the time of the creation of such depictions.

The contents of this website is not to be viewed by minors or where prohibited by law.

All content and images are in full compliance with the requirements of United States Code, Title 18, Section 2257 and associated regulations.

All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. section 2257 and 28 C.F.R. 75 because said they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2) (A) through (D), but are merely depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.

The owners and operators of this Web site are not the primary producers (as that term is defined in 18 U.S.C. Section 2257) of any of the visual content contained in the Web site.

All records required by law are in the possession of Scarlett O'Hara S.L. and available for inspection during all reasonable hours, contacting us at; Scarlett O'Hara S.L. Apt 29, 03580 Alfas Del Pi, Spain.

If you are based in a country which you are required to hold a copy of the model IDs/releases you can purchase sets from the categories marked 2257.

Terms and Conditions

BY USING THE PRODUCT YOU ARE ACCEPTING THIS AGREEMENT AND AGREEING TO BE BOUND BY IT**
DEVELOPER: User/Recipient of downloaded digital content from Scarlett O'Hara SL's website(s).
PARTIES:

(1) Scarlett O'Hara Photographics S.L. (‘The Company') and
(2) The Developer of downloadable images or videos for inclusion and/or Reproduction for Member Websites/tgps and/or Magazine Printing and/or // Media usage (as specifically identified in ‘Recitals' below) being the recipient as detailed in this document in connection with the credit card, bank transfer or promotional code information. But in all instances the developer is the acceptor and user of the product as per the above**

RECITALS:
The Company owns the rights to photographic images & videos and/or has the right to distribute photographic images in digital format. The Company wishes to issue a license to the Developer to allow the use of photographic images owned or distributed by the Company and to allow the Developer to use such images/videos through the following medium(s)
1- Member Website(s) The Webmaster may display the images/video(s) on his/her website(s)/tgps. The Developer does not have the right to assign his/her interest in this agreement to any 3rd party.
2- Magazine Printing- the images can only be sold in printed form for publication. The quality of reproduction obtained from the download is solely dependent on the Developer. Images in digital format cannot be re-sold. The Developer does not have the right to assign his/her interest in this agreement to any 3rd party.
3 - // media techniques. It is permissible to include other parties to allow the full exploitation of the photographic images, however, such parties must at all times be accountable to the Developer, who must ensure confidentiality and good faith via a contract between the developer & the 3rd party. All parties in the execution of this Agreement agree shall not knowingly engage in activities that may be reasonably deemed detrimental and/or harmful to others.

OPERATIVE PROVISIONS:

1. INTERPRETATION

In this Agreement the following words shall bear the meaning & terms ascribed to them: ‘Product' shall mean the photographic images/videos owned and/or distributed by the Company; ‘Site' shall mean the inclusion of the product in // Media site(s) and/or Member Website(s) and/or Magazine Publications.
In the case of // Media sites operated by the Developer other parties termed as 3rd party partners (of the developer), such as Carriers & Integrators can be included by separate contracts as foregoing Member Websites and Magazine Printing operations must be wholly owned and exclusive to the Developer, who does not have the right to assign its interest in this agreement to any other party.

‘Intellectual Property' shall mean all patents, copyrights, registered designs, design rights, trade marks, or other industrial or intellectual property rights having application in respect of the Product and applications for any of the foregoing;

2. Grant of License

In accordance with this Agreement, the Company grants the Developer a non-exclusive license to use, display the product on sites owned by the Developer. The Developer understands distributing of images is defined as online user downloading from Sites wholly owned by the Developer. The Developer may print directly from downloads. If the contract is violated, this license is terminated without a refund of the licensing fee upon written notice by the Company. Under no circumstances may the Product be resold, leased, rented or otherwise made available to other web sites, companies, organisations or any other third party apart from as specifically defined herein.

3. Payment of Royalty

The Developer will pay to the Company the Fee, as published and identified in its current price list or other arrangement as agreed in writing, for the use of the licensable images on the Product. This License allows the Developer to use the Product for all sites owned and operated by the Developer without any additional fees required.

4. Modifications

Apart from modifications, alterations and uses contained herein the Developer may not modify or change the Product unless the prior written consent of the Company is obtained. The Developer may crop the image to size or change the file format. The Developer may place URL's and/or phone numbers on the images for the purpose of advertising, but may not under any circumstances claim ownership or copyright of the Intellectual Property. The Developer may use the Product for banners and other advertising material for the Sites and is permitted to scale and/or make thumbnail versions of the images.

5. Transfer of Rights

This agreement shall be binding on any successors of the parties. The Developer does not have the right to assign its interests in this Agreement to any other party, other than extending the rights for // use to 3rd parties, as described above, unless prior written consent is obtained from the Company and an administrative fee is paid. In the event of bankruptcy by the Developer, this license becomes terminated.

6. Intellectual Property

The Company hereby authorises the Developer to use the Intellectual Property on or in relation to the Products for the purposes only of exercising its rights and performing its obligations under this Agreement. The Developer shall not make any modifications to the Product or their packaging, or alter, remove, or tamper with any identification or other markings, numbering, codes used on or in relation to Products or packaging associated with the Product except as expressly stated herein.

7. Warranty

Notwithstanding anything to the contrary in this Agreement, the Company shall not be liable to the Developer by any reason of any representation or implied warranty, condition or other term or any duty at law, or under the express terms of this agreement, for any consequential loss or damage whether for loss of profit or otherwise and whether occasioned by the negligence of the Company or its employees or agents or otherwise arising out of, or in connection with any act or omission of the Company relating to the manufacture or supply of the Product, their use by the Developer or their use by any customer of the Developer.

8. Notices

Any notice to be given under this Agreement shall be in writing and shall be deemed duly given if left at or sent by fax or registered or recorded delivery post to the address set out in the head of this Agreement, or to such other address of which notice in accordance with and expressly referring to this clause is given. Any such notice shall be deemed to be served at any time when the same is left at the office of the party to be served or when the same notice would have reached the address in the normal course or if served by post or courier by the sixth day (excluding Sunday), following the day of sending/posting.

9. Proper Law and Jurisdiction

This Agreement shall be governed exclusively by the laws of the Communitat de Valencia, Spain and shall be deemed to have been made in the Province de Alicante, Spain.

All models were over the age of eighteen years at the time of the creation of such depictions. All appropriate records, including model release and photo ID's are kept in the office of the Company.

The Developer holds the Company harmless for any legal issues relating to the distribution of the material as it relates to all laws and regulations for adult entertainment as set forth in the country, state or county of the Developer and the Developer has assumed full responsibility for the determining what images are suitable for use in the community of the sites.
The Company warrants the Product is fully copyrighted and this Agreement warrants these images free of intellectual property violations only.

10. Entire Agreement
This agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. This Agreement is deemed effective and binding immediately the Product is used by the Developer. If any provision(s) of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with other provisions remaining in full force and effect.