What are you looking here for. Everything is all about me.
Most of you, hopefully, know me before you come here, but I am a world traveler and I have been taking pictures all my life. I was lead to it by my father who bought me my first camera. He didn’t keep up with technology well, so never embraced digital photography.
This blog is a record of my travels and thoughts about things that are important to me.
As for the name, Curtsey’s Folly, it was originally a group on Facebook that I wanted to name Curtis’s Folly, but we could not agree on whether it should end in ‘s or just an apostrophe. Also, there are people in this world who call me Curtsey – mostly out of revenge. And so, Curtsey’s Folly was born.
My name is Curtis Hertwig. If you want to get email updates when I post (no more than once a day), please use the form in the sidebar.
Copyright License Agreement
This is a legal agreement (this “Agreement”) between you and each of your affiliates, agents,
representatives, contractors, heirs, successors and permitted assigns (collectively, “Licensee”)
and Curtis Hertwig d/b/a HertwigPhoto.com (“Licensor”). Licensor is the owner of the Licensed
Material (as defined below) and agrees to grant Licensee a limited license to the Licensed
Material as set forth in this Agreement. Licensee wishes to obtain a license to the Licensed
Material for the uses and purposes described below, each subject to the terms and conditions set
forth herein. By downloading or purchasing any Licensed Material, you recognize, acknowledge,
and agree that you have read, understood, and agreed to all terms and conditions set forth in this
1. Definitions. For purposes of this Agreement, the following terms shall have the
1.1 “Licensed Material” means any still image, photograph, picture, portrait,
depiction, or visual representation or product generated optically, electronically, digitally or by
any other means, including any negatives, transparencies, film imprints, prints, original digital
files or any Reproductions thereof, or any other product protected by copyright or other
intellectual property right, which is purchased by Licensee through Licensor’s website or forum
and which is licensed to Licensee by Licensor under the terms of this Agreement. Any reference
in this Agreement to the Licensed Material shall be to each individual item within the Licensed
Material and also to the Licensed Material taken as a whole.
1.2 “Losses” means any and all losses, damages, liabilities, deficiencies, claims,
actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever
kind, including, without limitation, reasonable attorneys’ fees, expert witness fees and the cost of
enforcing any right to indemnification hereunder.
1.3 “Reproduction” means any form of duplication, copying or publication of any or
all of the Licensed Material, via any medium and by whatever means, and/or the distortion or
manipulation of the whole or any part of the Licensed Material and the creation of any derivative
work from the Licensed Material.
2. License; Permitted Uses; Reservation of Rights.
(a) Subject to the terms and conditions contained herein, Licensor hereby grants to
Licensee a perpetual, non-exclusive, non-assignable and non-sublicensable license to use the
Licensed Material solely in connection with the following uses (such uses, the “Permitted
(i) Licensee may use the Licensed Material for Licensee’s personal use,
including the display of the Licensed Material in hardcopy form (e.g., print or poster) in
Licensee’s residence or commercial office, provided, however, that such Licensed Material is not
resold or otherwise distributed or transferred;
(ii) Licensee may use or display the Licensed Material on Licensee’s
websites, provided, that Licensee is expressly prohibited at all times from making the Licensed
Material available for download or transfer (e.g., as wallpaper or desktop background);
(iii) subject to Section 8(b) hereof, Licensee may use or display the Licensed
Material on business cards, letterhead, pamphlets, brochures or catalogs;
(iv) subject to the terms, conditions and restrictions contained herein, Licensee
may use or display the Licensed Material in printed materials (e.g., newspapers, magazines,
books), provided, that Licensee may not produce or make copies of such printed materials in
excess of 500,000 copies without Licensor’s prior written consent; and
(v) subject to the terms, conditions and restrictions contained herein, Licensee
may use or display the Licensed Material in coordination with email and other marketing efforts,
provided, that Licensee may not use the Licensed Material in connection with unsolicited emails
or unsolicited material.
(b) Except as expressly set forth in Section 2.1(a), without the prior written consent
of Licensor, Licensee shall not use, display or incorporate the Licensed Material for any other
purposes or means, including, without limitation, the restricted uses set forth in Section 8 below.
(c) Licensor reserves all rights not expressly granted to Licensee under this
Agreement. No use by Licensor of the Licensed Material in any medium or manner will be
deemed to interfere with the limited permissions and license made to Licensee by Licensor
(d) Following payment of the License Fee (as defined below), the Licensed Material
will be made available to Licensee in JPG or such other electronic format as Licensor may
3. Consideration. As consideration in full for the rights granted herein, Licensee shall pay
Licensor a one-time fee for the Licensed Material as set forth on Licensor’s website or forum
(the “License Fee”). The License Fee shall be paid in lawful currency of the United States of
America and in accordance with the payment method(s) set forth on Licensor’s website or
4. Ownership. No ownership or copyright in any Licensed Material shall pass to Licensee
by the issuance of the license contained in this Agreement. Except for the limited license
expressly granted to Licensee in this Agreement, Licensee acknowledges that all right, title, and
interest in and to the Licensed Material, as well as any modifications or improvements made
thereto by Licensee (as permitted by this Agreement), are owned and controlled exclusively by
Licensor. If Licensee acquires any rights in the Licensed Material by operation of law or
otherwise, Licensee hereby irrevocably assigns such rights to Licensor without further action by
either party. Licensee agrees not to dispute or challenge, or assist any person or entity in
disputing or challenging, Licensor’s rights in and to the Licensed Material.
5. No Removal of Copyright Management Information. The Licensed Material may
contain copyright management information at the discretion of Licensor in the form of a
copyright notice (e.g., ©) and/or other copyright and ownership information embedded in the
Licensed Material’s metadata or elsewhere. Licensee shall not remove, alter, or modify such
copyright management information at any time without the prior written consent of Licensor.
Licensee is strictly prohibited from doing so and recognizes that a violation of such prohibition
violates the Digital Millennium Copyright Act (the “DMCA”) and Licensee shall be responsible
to Licensor for any and all penalties and awards available under such statute.
6. Protection of Licensed Material. Licensee shall, at its sole expense, maintain the
Licensed Material (and any copies thereof) within Licensee’s possession, custody, or control
under first-class conditions and shall take all then-available measures to protect and safeguard
the Licensed Material. Licensee shall immediately notify Licensor in writing with reasonable
detail of any: (i) actual, suspected, or threatened infringement of the Licensed Material; (ii)
actual, suspected, or threatened claim that use of the Licensed Material infringes the rights of any
third party; or (iii) any other actual, suspected, or threatened claim to which the Licensed
Material may be subject. With respect to any of the matters listed in the preceding sentence: (i)
Licensor shall have exclusive control over, and conduct of, all claims and proceedings; (ii)
Licensee shall provide Licensor with all assistance that Licensor may reasonably require in the
conduct of any claims or proceedings; and (iii) Licensor shall bear the cost of any proceedings
and will be entitled to retain all sums recovered in any action for its own account.
7. Disclaimer. Notwithstanding anything to the contrary contained in this Agreement, the
Licensed Material is provided to Licensee “AS IS,” “WHERE IS” and “WITH ALL FAULTS.”
LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LICENSED
MATERIAL, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE, OR TRADE PRACTICE.
8. Representations and Warranties of Licensee. Notwithstanding anything to the contrary
contained in this Agreement, Licensee represents, warrants, and agrees that:
(a) Licensee will not engage or participate in any activity or course of action that
could diminish or tarnish the image or reputation of the Licensed Material or Licensor, or cause
confusion as to the ownership of the Licensed Material;
(b) Licensee will not incorporate or integrate any of the Licensed Material (in whole
or in part) into a logo, trademark, tradename, design mark, or service mark and Licensee shall
not register (in any jurisdiction) such content (in whole or in part);
(c) Licensee will not use or depict any of the Licensed Material in an illegal,
pornographic, obscene, immoral, libelous, offensive, or defamatory manner, including, without
limitation, use of the Licensed Material (i) in “adult videos” or the like, (ii) in advertisements for
tobacco products or other addictive substances, (iii) in advertisements or materials for adult
entertainment clubs or similar venues, or for escort, dating or similar services, (iv) in connection
with political endorsements, and/or (v) in advertisements and/or promotional materials for
pharmaceutical, healthcare, herbal or medical products (including, but not limited to, dietary
supplements, digestive aids, herbal supplements, personal hygiene or birth control products);
(d) Licensee’s use of the Licensed Material will not infringe, misappropriate, or
otherwise violate the intellectual property or other rights of any third party or violate any
applicable laws, regulations or industry codes;
(e) Licensee will not sell or lease any of the Licensed Material;
(f) Licensee will not falsely represent that Licensee or any other person, entity or
third party (except for Licensor) is the original creator of the Licensed Material;
(g) Licensee has the full right, power, and authority to enter into this Agreement and
to perform its obligations hereunder;
(h) this Agreement constitutes the legal, valid, and binding obligation of Licensee,
enforceable against Licensee in accordance with its terms;
(i) Licensee is of legal age and sound mind to enter into this Agreement;
(j) Licensee fully understands the contents, provisions, and meaning of this
(k) Licensee will not in any manner, directly or indirectly, or through any person or
entity, disparage or damage Licensor or his affiliates, representatives, agents, heirs, successors or
assigns, including their reputation, goodwill or standing in the community, or otherwise interfere
with such party’s business.
9. Indemnification. To the fullest extent permitted by applicable law, Licensee shall
indemnify, defend and hold harmless Licensor and his affiliates, representatives, agents, heirs,
successors and assigns from and against any and all Losses incurred or sustained by, or imposed
upon, Licensor based upon, arising out of, with respect to, or by reason of any: (a) inaccuracy in
or breach of any of the representations or warranties of Licensee contained in this Agreement;
(b) any breach or non-fulfillment of any covenant, duty, agreement or obligation to be performed
by Licensee pursuant to this Agreement; or (c) the negligence or willful act or failure to act of
Licensee or its affiliates, officers, directors, managers, members, shareholders, employees,
representatives, agents, successors or permitted assigns in connection with this Agreement.
10. Limitation of Liability. LICENSOR WILL NOT BE LIABLE UNDER OR IN
CONNECTION WITH THIS AGREEMENT FOR INDIRECT, INCIDENTAL,
CONSEQUENTIAL, LIQUIDATED, SPECIAL, OR EXEMPLARY DAMAGES OR
PENALTIES, INCLUDING, WITHOUT LIMITATION, LOSSES OF BUSINESS, REVENUE
OR ANTICIPATED PROFITS, REGARDLESS OF WHETHER SUCH DAMAGE WAS
FORESEEABLE AND WHETHER LICENSOR OR LICENSEE WERE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. LICENSOR’S TOTAL LIABILITY TO LICENSEE,
AND LICENSEE’S SOLE AND EXCLUSIVE REMEDY, FOR ANY LOSS, DAMAGE OR
LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DAMAGES NOT TO
EXCEED THE AMOUNT OF THE LICENSE FEE PAID TO LICENSOR PURSUANT TO
THIS AGREEMENT, WHETHER SUCH LOSS, DAMAGE OR LIABILITY RESULTS
FROM BREACH OF WARRANTY OR CONTRACT OR LICENSOR’S CONCURRENT OR
SOLE NEGLIGENCE, IRRESPECTIVE OF WHETHER ANY CLAIM LICENSEE ASSERTS
AGAINST LICENSOR IS MADE IN CONTRACT, TORT, EQUITY OR OTHERWISE.
11. Equitable Relief. Licensee acknowledges that a breach by Licensee of this Agreement
may cause Licensor irreparable damages, for which an award of damages would not be adequate
compensation, and agrees that, in the event of such breach or threatened breach, Licensor will be
entitled to seek equitable relief, including a restraining order, injunctive relief, specific
performance, and any other relief that may be available from any court, in addition to any other
remedy to which Licensor may be entitled at law or in equity. Such remedies are not exclusive
but are in addition to all other remedies available at law or in equity.
12.1 Entire Agreement. This Agreement constitutes the sole and entire agreement of
the parties to this Agreement with respect to the subject matter contained herein, and supersedes
all prior and contemporaneous understandings, communications, representations and agreements,
both written and oral, with respect to such subject matter.
12.2 Assignment; Binding Agreement. This Agreement is binding upon and inures
to the benefit of the parties hereto and their respective successors and permitted assigns.
Licensee shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer
any of its obligations or performance, under this Agreement, in each case whether voluntarily,
involuntarily, by operation of law or otherwise, without Licensor’s prior written consent, which
consent Licensor may give or withhold in its sole discretion. For purposes of the preceding
sentence, and without limiting its generality, any merger, consolidation or reorganization
involving Licensee (regardless of whether Licensee is a surviving or disappearing entity) will be
deemed to be a transfer of rights, obligations, or performance under this Agreement for which
Licensor’s prior written consent is required. Further, Licensee shall have no right to encumber,
assign, delegate, sublicense, convey, or transfer the Licensed Material without Licensor’s prior
written consent (such consent being granted or denied in Licensor’s sole and absolute discretion).
No delegation or other transfer will relieve Licensee of any of its obligations or performance
under this Agreement. Any purported assignment, delegation, or transfer in violation of this
Section 12.2 is void. Licensor may freely assign or otherwise transfer all or any of its rights, or
delegate or otherwise transfer all or any of its obligations or performance, under this Agreement
without Licensee’s consent.
12.3 Governing Law; Submission to Jurisdiction. Except for applicable federal laws
relating to intellectual property and copyrights (e.g., the DMCA), this Agreement is governed by
and construed in accordance with the internal laws of the State of Georgia without giving effect
to any choice or conflict of law provision or rule (whether of the State of Georgia or any other
jurisdiction). Any legal suit, action, or proceeding arising out of or related to this Agreement
will be instituted exclusively in the federal courts of the United States or the courts of the State
of Georgia in each case located in the City of Atlanta and County of Fulton, and Licensee and
Licensor irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action or
12.4 No Third-Party Beneficiaries. This Agreement is for the sole benefit of the
parties hereto and their respective successors and permitted assigns, and nothing herein, express
or implied, is intended to or will confer upon any third party any legal or equitable right, benefit,
or remedy of any nature whatsoever, under or by reason of this Agreement.
12.5 Severability. If any term or provision of this Agreement is invalid, illegal, or
unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect
the enforceability of any other term or provision of this Agreement, or invalidate or render
unenforceable such term or provision in any other jurisdiction. Upon a determination that any
term or provision is invalid, illegal, or unenforceable, the court may modify this Agreement to
effect the original intent of the parties as closely as possible in order that the transactions
contemplated hereby be consummated as originally contemplated to the greatest extent possible.
12.6 Attorneys’ Fees. In the event that any claim, suit, action, or proceeding is
instituted or commenced by either party hereto against the other party arising out of or related to
this Agreement, the prevailing party will be entitled to recover its reasonable attorneys’ fees and
court costs from the non-prevailing party.
12.7 Waiver. No waiver by any party of any of the provisions hereof will be effective
unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set
forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power,
or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor
will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude
any other or further exercise thereof, or the exercise of any other right, remedy, power, or
12.8 Amendment. No amendment or modification to this Agreement is effective
unless it is in writing and signed by an authorized representative of each party.
12.9 Relationship of Parties. Nothing contained in this Agreement will be construed
as creating any agency, partnership, joint venture, or other form of joint enterprise, employment,
or fiduciary relationship between the parties, and neither party has authority to contract for or
bind the other party in any manner whatsoever.
12.10 Interpretation. For purposes of this Agreement, (a) the words “include,”
“includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the
word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and
“hereunder” refer to this Agreement as a whole. This Agreement is intended to be construed
without regard to any presumption or rule requiring construction or interpretation against the
party drafting an instrument or causing any instrument to be drafted.
12.11 Headings. The headings contained in this Agreement are for reference purposes
only and shall not affect in any way the meaning or interpretation of this Agreement.
12.12 Taxes. Licensee agrees to pay and be responsible for any and all sales taxes, use
taxes, value added taxes, withholding taxes, and duties imposed by any jurisdiction as a result of
the license granted to Licensee hereunder or of Licensee’s use of the Licensed Material.