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| Natural
Visions will only supply transparencies and / or
digital images on the understanding that you have
agreed to our Terms and Conditions as set out
below. Please contact [email protected]
if you have any queries regarding these Terms and
Conditions. |
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| TERMS
AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF
IMAGES |
?We/Us?
means Natural Visions. ?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).
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| 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. You
acknowledge that Images are our valuable property
as are any digital images created from the Images
(?Digital Images?). 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
When no images are selected for reproduction we
charge a non-refundable search and service fee to
cover administrative costs and despatch of Images
on each submission and resubmission of Images. We
will deliver Images to you by the most appropriate
safe method which affords proof of delivery.
Urgent delivery costs will be charged at
cost. |
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| Supply
of Images in transparency 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 If
Images are not returned within the specified loan
period, a rental fee as specified in the delivery
note will be charged. 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.
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| Licence
for Use of Images (see 16 ? 20 below for Supply
and Use of Digital Images) |
| 8 The reproduction by
whatever means of the whole or any part of any
Image (in particular but without limitation,
electronic use, storage or transmission, 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. |
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No
reproduction rights are granted by virtue of
delivery of Images unless expressly
indicated.
9 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
without licence 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. We make no claim or
warranty with regard to your use of names, people,
trademarks or copyright material depicted in any
Image.
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. |
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| Supply
and Use of Digital Images |
16 You acknowledge that
Digital Images are our valuable
property.
17
Natural Visions images must not be copied, stored
or transmitted in electronic or other media unless
by separate written permission, except where such
is incidentally and wholly necessary to the
process of production for products licenced
specifically to you by Natural Visions. At the
conclusion of such production, all intermediate
copies of this material must be destroyed. If
permission is granted the following conditions
apply
18 Each
Digital Image created by you shall be recorded,
labelled with the Image reference number used by
us, 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, 72dpi. 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. |
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| 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.
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) enter into voluntary or compulsory
liquidation; (b) have a receiver appointed; or
(c)
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 British
Photographers? Liaison Committee
28 These Terms and
Conditions shall be governed by the laws of
England and Wales and the parties agree to submit
to the non-exclusive jurisdiction of the English
courts. |
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| �
Copyright British Photographers? Liaison
Committee/ Finers Stephens Innocent As agreed by
BAPLA, AOP, NUJ, MPA and the BFP 2001.
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| Natural
Visions is a member of BAPLA (the British
Association of Picture Libraries and
Agencies). |
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| Privacy
Policy |
| Any
contact details supplied by you to us will be used
only by Natural Visions as part of our business in
marketing and selling images. The contact details
will not be passed to any third parties. |
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| Disclaimer |
Whilst
every reasonable care has been taken in the
production of this website to ensure that the
information contained on it is accurate; no
warranty or representation is given that the
information, materials and software downloaded
from the website are free from errors, viruses,
defects or inaccuracy. Natural Visions will not be
liable for the cost of any servicing, repairs or
correction due to the use of this website.
To the extent permitted by applicable
laws, no liability is accepted for any direct,
indirect or consequential loss or damage however
resulting from the access to and use of this
website and the information and materials
contained on it.
With the exception of the
above Terms and Conditions, all text and all
images remain the copyright � of Natural Visions -
all rights reserved - unlawful reproduction
prohibited. | |
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