Terms
and Conditions of Submission and Reproduction of Photographs “We and/or
“Us” means Keith Jones Photography, the
picture supplier named overleaf. “You”
means the person or entity named as client overleaf. You will be deemed to have
accepted these terms and conditions unless you notify us to the contrary and
return all the Images to us within 5 days of receipt. No variation of these terms or
conditions shall be effective unless agreed in writing. “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
search fee (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, artist’s reference, artist’s 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 license
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) license 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 license 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, libelous 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. 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
overleaf 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.