Image
means any item which may be offered for the purposes of reproduction (including
where appropriate a Digital Image).
| Supply
Of Images |
| 1) | The
Images are submitted on loan at your request, on approval only. Our delivery note
lists the Images delivered to you, which shall be deemed to have been received
complete and in good condition, unless we receive notification of any discrepancy
or damage within 48 hours of receipt. |
| 2) | Images
belong to us. They are your responsibility from the time we despatch them until
we receive them back. You are urged to take out insurance to cover the total value
of the Images delivered. |
| 3) | You
must pay a non-refundable service fee to cover administrative costs and despatch
of Images on each submission and resubmission of Images whether or not reproduction
rights are required or granted. We will deliver Images to you by the most appropriate
safe method which affords proof of delivery, and may invoice you for the delivery
costs. |
|
Supply of Images in transparency
or printed format |
| 4) | Return
Date is the date by which the Images must be returned as specified on the delivery
note or licence. If no date is specified, the Return Date shall be four weeks
from the date of the delivery note. |
| 5) | You
must pay the rental fee specified in the delivery note until we receive the Images
back. Payment of the rental fee does not entitle you to retain any Image after
its Return Date. |
| 6) | You
must return Images to us by a safe method which affords proof of delivery. You
must arrange adequate protection for Images in transit. You must enclose a delivery
note detailing and totalling the returned Images and must send a copy of that
note by separate post, fax or email. |
| 7) | You
must immediately notify us in writing of any loss or damage. You must pay us compensation
for each Image lost or damaged at the rates specified on the delivery note which
are a genuine pre-estimate of the loss which we will suffer. Any Image returned
without its mount or with its caption or other mount data missing or defaced,
may incur a replacement charge at the rate set out in the delivery note. Payment
of compensation does not entitle you to any additional rights in the material.
An Image subsequently found must be returned immediately. If it is undamaged you
will be credited with any compensation paid less a rental fee at the rate set
out in the delivery note from the Return Date to the date the Image is returned.
Such credit will never be less than 20% of any compensation paid. |
| Licence
for Use of Images |
| 8) | The
reproduction by whatever means of the whole or any part of any Image (including,
without limitation, slide projection, artists reference, artists illustration,
layout or presentation of Images) is strictly forbidden without our specific written
permission. You must inform us of your proposals as to when and how an Image is
intended to be used. We will then consider whether we would wish to grant a licence
and, if so, on what terms. |
| 9) | No
reproduction rights are granted by virtue of delivery of Images unless expressly
indicated. Your right to reproduce an Image arises only if (a) licence terms are
agreed and (b) our invoice relating to the grant of such right is fully paid.
Any reproduction before payment of the invoice or outside the terms of any licence
constitutes an infringement of copyright and also a breach of this Agreement entitling
us to rescind and claim damages. You must indemnify us in respect of any claims,
damages, costs or expenses we incur arising from any reproduction of any Image
supplied to you. |
| 10) | You
must satisfy yourself that all necessary rights, model releases or consents which
may be required for reproduction are obtained and that the use of any image is
not obscene, indecent, libellous or unlawful. We make no claim or warranty with
regard to your use of content, names, text, people, trademarks or copyright material
depicted in any Image and you will indemnify us in respect of any claims, damages,
costs or expenses we incur arising from the use of any Image supplied to you.
|
| 11) | Reproduction
rights (if granted), unless otherwise agreed in writing are:
| a) | subject
to these Terms and Conditions and any Terms and Conditions set out in the delivery
note and licence, | |
b) | non-exclusive
reproduction rights for single use only in the United Kingdom. A single use means
a reproduction in one size for one edition of a single publication, published
in one language only, | |
c) | strictly
limited to the use, period of time and territory stated in the licence, |
| d) | personal
to you and not assignable by you to any third party. |
|
| 12) | If
we agree that you may license the use of any Image to any third party, you shall
enter into an agreement with such third party to ensure that they are bound by
licence terms restricting printing, copying, networking, multiple access or other
use of the Images to personal use only, forbidding the assignment, resale, rental
and lending of the Image and ensuring that credit is given to us and the author.
|
| 13) | You
must credit us and the author as specified by us every time an Image is used.
If you fail to credit the Image an additional 50% of the original licence fee
will be payable. |
| 14) | Images
shall not be altered or manipulated, added to, or have any part deleted without
our prior written consent. |
| 15) |
You must provide us on publication
with at least one complimentary copy of any publication in which the reproduction
of the Image appears. |
| Digital
Use of Images |
| 16) | You
acknowledge that Images are our valuable property, as are any digital images created
from the Images (Digital Images). |
| 17) | You
may not create, store or transmit Digital Images without our permission except
so far as is incidentally and wholly necessary to the process of producing items
licensed by us. If permission is granted the following conditions apply: |
|
| 18) | Each
Digital Image created by you shall be recorded and labelled with the Image reference
number used by us and our copyright credit information as an integral part of
the image file, and held on an electronic database under your sole possession
and control. | | 19) | Unless
otherwise agreed, any Digital Image you create must not be greater in size than
640x480 pixels, 72ppi. Any use of the Digital Images shall be in a format designed
so that it will not be possible to alter, manipulate or adapt any Digital Image
in any way during the normal course of using the product. |
| 20) | You
agree to destroy all Digital Images including any pre-press or pre-production
copies of the Images and any copies or records of the Images held on a database
within 90 days of the date of receipt of the Images or completion of the maximum
production run, or expiry of the licence term, whichever is later. |
|
| Miscellaneous
|
| 21) | While
we take reasonable care in the performance of this agreement, we shall not be
liable for any loss or damage suffered by you or by any third party arising from
use or reproduction of any Image or its caption. Damages for any other breach
shall be limited to the licence fee paid by you. |
| 22) | You
must pay our invoice within 30 days of issue. However in the case of newspaper,
periodical and broadcasting use only, if we agree in advance, you may pay by the
end of the calendar month immediately following publication or use, or within
six months of the issue of our invoice, whichever is sooner. |
| 23) | If
you do not pay in accordance with these terms then we may at our option rescind
this Agreement and recover damages, or charge interest at the rate prescribed
by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment
was due until payment is made. |
| 24) | Any
licence granted will terminate immediately if you:
| (a) | die,
| | (b) | enter
into voluntary or compulsory liquidation; | | (c) | have
a receiver appointed; or | | (d) | fail
to perform any of your obligations under these Terms and Conditions within 28
days of our giving you notice to comply. In the event of termination, all rights
granted will immediately revert to us and any further exploitation of any Image
shall constitute an infringement of copyright. |
|
| 25) | Any
publication right (as defined in the Copyright and Related Rights Regulations
1996) arising from your use of any Image shall vest in us and you hereby assign
all such rights arising to us. |
| 26) | Our
failure to exercise or enforce any of our rights will not be deemed to be a waiver
of such rights nor bar their exercise or enforcement in future. |
| 27) | Should
any disagreement arise between us, we shall, if we both agree, first try to settle
it by a mediation procedure recommended by the BPLC. |
| 28) | These
Terms and Conditions shall be governed by the laws of England and Wales and the
parties agree to submit the jurisdiction of the English courts, such jurisdiction
to be exclusive, save for infringement of copyright or non payment of our invoices
where it will be non-exclusive. However if our business address specified in contact
details on this site is in Scotland then these Terms and Conditions shall be governed
by the laws of Scotland and the parties agree to submit to the jurisdiction of
the Scottish courts, such jurisdiction to be exclusive, save for infringement
of copyright or non payment of our invoices where it will be non-exclusive. |
