TERMS
AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES
“We and/or “Us” means Image Quest Marine (trading name
of Image Quest 3-D Ltd).
“You” means the person or entity named as client.
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 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 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.
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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.
© Copyright 2001 British Photographers’ Liaison Committee/Finers
Stephens
Innocent As agreed by BAPLA, AOP, NUJ, MPA and the BFP. |