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This is a legal agreement between you (the client) and us (the image supplier). You will be deemed to have accepted all the terms of this Agreement in respect of any Image(s) you receive or download (including preview images and thumbnails) unless you notify us to the contrary within 5 days of receipt.
We are a Rights-Managed agency, and the standard Image Licence we grant to book publishers is for a single use, for a specific time period, on specific book format(s), in a specific territory/country, for a specific print run.
Clients may not use our images until: A license & fee has been arranged with us and an invoice has been issued by us to the client for any payment that is due.
Further Licenses (& fees) are required for any additional uses from those on the original invoice. e.g.
- Print run is increased/extended.
- Licence term is increased/extended.
- Book is re-released/reprinted in the same format at a later date (2nd rights)
- Book is released in a different format – each requiring a separate license , e.g. hardback is released as paperback, and/or ebook, audiobook, large print edition, etc.
- Book is featured in any advertising (brochure, press, posters, TV, website, e.g. Amazon and online bookseller websites).
- Book is 'sold' to a third party even if that third party is within the same global publishing group (e.g. overseas, audio or large print publishers). All enquiries must be referred to and dealt with directly by us.
Preferential fees for multiple formats are available if all formats are licensed at the same time. If subsequent formats are licensed separately and at a later date than the original Licence, they will usually require higher fees.
Our Cancellation Policy
Our cancellation period is 60 days from client’s receipt of the original invoice. If you wish to cancel after this time a cancellation fee maybe charged."
1. DEFINITIONS AND INTERPRETATION
1.1 "Agreement": All the terms of this Agreement including these Terms and Conditions, set out in accompanying form with electronic download(s), or Delivery Note if image emailed to you. Or any terms set out in your Invoice. The terms set out in your Invoice replace these Terms and Conditions to the extent of any inconsistency.
1.2 "Digital Image": Any Image other than a Physical Image.
1.3 "End User": Customer or client for, and the ultimate user of, the Image(s).
1.4 "Image": Any Image that has been selected (whether by you or by us on your behalf) for the purposes of licensing reproduction rights.
1.5 "Image Carrier": Any disc, memory stick, hard drive or other physical medium containing Digital Image(s).
1.6 "Licence": The Licence set out in Clause 3.
1.7 "Licence Fee": Any sum(s) payable by you to us in respect of the Licence.
1.8 "We": the image supplier.
1.9 "You": our client.
1.10 References to clauses are to the clauses of these Terms and Conditions.
2. DIGITAL DELIVERY OF IMAGES
2.1 This clause applies to Digital Image(s) (including preview Image(s) and thumbnail(s) downloaded by you, delivered to you online, or delivered to you by email or other purely digital means.
2.2 You agree to be bound by all the terms of this Agreement when you set up your user account with us, and you confirm your acceptance of these Terms and Conditions each time you download any Image, whether or not you have logged in or set up a user agreement.
3. GRANT OF LICENCE
3.1 Subject to the terms of this Agreement, we grant to you a non-transferable, non-exclusive (unless otherwise agreed in writing) Licence, on payment of the Licence Fee, to reproduce the Image(s) during the licence period, in the territory and for the purposes specified in the Invoice.
3.2 in all instances where an exclusive License has been granted, restrictions will apply solely to the Licensed image, and not extending to any “out-takes” or “similar subject matter” (similars). Unless otherwise agreed, restrictions will be limited to the medium, period, and territory of the license. For example, an exclusive license for a music CD cover in Germany would not restrict concurrent licensing of the same or similar images for other media or territories, such as a book cover in Germany or a music CD in France.
3.3 Use of the Image(s) is strictly limited to the purpose, medium, licence period, print run, position, size, territory and any other terms agreed. Unless otherwise specified in the Invoice, the Licence is for single use, meaning a reproduction in one size for one edition of a single publication in one medium only, published in one language only. The licence period commences on the date specified on the Invoice (or if no date is specified, on the date of the Invoice itself) and is for the full duration specified on the Invoice, but the Licence only comes into effect on payment in full of the Licence Fee. If the Licence is for online use, no Licence for offline use is implied, and vice versa. For example, a Licence to reproduce Image(s) in a printed book does not imply any Licence to reproduce the Image(s) in an e-book. Digital use will be treated as a separate use from physical use.
3.4 You may not grant sub-licences of any of the rights included in the Licence, or sub-contract any aspects of exploitation of the rights licensed to you, without our prior written consent. However, if you are an external freelance designer, you may grant sub-licences to End Users to reproduce the Image(s) on terms that prohibit those End Users from granting any further sub-licence and require those End Users to comply with all the terms of this Agreement. You may also sublicense reproduction rights to printers and other production suppliers solely to the extent necessary for production purposes.
3.5 We reserve all rights in relation to the Image(s) that are not expressly granted to you under this Agreement, whether now known, or created later, and whether or not in the contemplation of the parties at the time of this Agreement.
3.6 We may require you to cease all use of any of the Image(s) if we reasonably believe that your use of such Image(s) infringes the intellectual property rights of any third party, or breaches any applicable law or regulation. In this instance, we may, at our option either:
(a) Provide you with alternative Image(s) so as to avoid the infringement; or
(b) Terminate this Agreement immediately on written notice in respect of the relevant Image(s).
4. RESTRICTIONS AND OBLIGATIONS
4.1 You must comply with all applicable laws and regulations in performing your obligations and exercising your rights under this Agreement.
4.2 You must not incorporate Image(s) (or any part of them) into a logo, trademark or service mark.
4.3 Image(s) must not be used as references for creating drawings or other visual works unless expressly agreed by us in writing.
4.4 Image(s) must not be used in comps, presentations or layouts, nor may Image(s) be used in slide projections or other presentations, unless expressly agreed by us in writing.
4.5 Image(s) must not be reproduced more than once within any design, editorial piece, advertisement or other work product, unless expressly agreed by us in writing.
4.6 A Licence to use an Image(s) on or in a product, including a book or magazine cover, does not imply any licence on your part to use the Image in the advertising or promotion of that product.
4.7 You must not use Image(s) in a pornographic, obscene, defamatory, misleading, unlawful or offensive manner, whether directly or in context or by juxtaposition with other materials.
4.8 You must comply with any special instructions or restriction on use notified to you by us before, after or at the time of delivery of the Image(s), either in the information or metadata accompanying the Image(s), the delivery note, the invoice or by any other means.
4.9 Image(s) can be altered or manipulated, added to or have any part cropped or deleted, but you are required to advise and send us a digital layout of your changes.
4.10 The Image(s) must not be made available for use or distribution separately or detached from a product or web page. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for storage or re-use by website users. Similarly, End Users may be provided with copies of the Image(s) as an integral part of your work product, but must not be provided with the Image(s) or permitted to use the Images separately.
4.11 Image(s) may not be modified, reconfigured or repurposed for use in any mobile-directed web sites or mobile applications that are specifically created for viewing of material on mobile devices (apps), without our prior written consent which might require payment of an additional Licence Fee. For clarification, this restriction on mobile use is not breached if an Image that is licensed for web site use can be viewed via mobile devices, provided it is not so specifically modified, reconfigured or repurposed for this purpose.
4.12 The Image(s) must not, unless expressly agreed by us in writing, be posted on social networking or file-sharing sites such as Facebook, Flickr, Twitter, Instagram, Pinterest, YouTube, Google Plus etc.
4.13 You acknowledge the original nature of and agree not to challenge on the ground of non-originality the subsistence of copyright in Image(s) consisting of skilled photographic reproductions of artistic works such as paintings, photographs and sculptures.
5. DIGITAL RIGHTS MANAGEMENT
5.1 You acknowledge that the Image(s) are our valuable property, as are any Digital Image(s) created from the Image(s).
5.2 You may store the Image(s) in a digital library, network configuration or similar arrangement to allow them to be viewed within your organisation or within the End User's organisation for planning or production purposes, but you must retain the copyright symbol, our name, the Image identification numbers and any other information which may be embedded in the electronic files containing the original Image(s). Please note under EU Directive 2001/29/EC it is illegal to remove or alter metadata associated with digital images or publish images on the internet that have had metadata removed or altered. We are a member of BAPLA, UK (British Association of Pictures Libraries and Agencies) and DMLA, USA (Digital Media Licensing Association), which are committed to the IPTC embedded metadata manifesto (www.embeddedmetadata.org). You must not remove metadata information supplied in Image(s) under any circumstances including without limitation from Image(s) published online.
5.3 When the work product for which the Image(s) were licensed has been created or within 90 days, whichever is sooner, the Image(s), including any pre-press or pre-production copies, must be promptly deleted from your and any End User's computer or other electronic storage systems.
6.1 Unless otherwise agreed, you must credit us and the photographer whenever the Image is used in the form indicated in the credit field or, if there is no such indication: [photographer's name]/ [our name]. If a credit line is omitted an additional fee equal to 50% of the original amount invoiced attributable to the Image(s) in question shall be payable by you. Failure to provide a credit may also breach the photographer's moral right to be identified under section 77 of the Copyright, Designs and Patents Act 1988 and equivalent laws in other jurisdictions.
7.1 No reproduction of any Image is fully authorised until we have received payment in full. Any reproduction by you, or the End User, before payment in full has been received constitutes an infringement of copyright and a breach of this Agreement entitling us to terminate this Agreement immediately on written notice to you.
7.2 Unless otherwise agreed by us in writing, all Invoice(s) are payable by you within 30 days. If you do not make full payment of an Invoice on time we reserve the right to charge interest on the outstanding amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
7.3 All amounts due under this Agreement are exclusive of VAT, which shall, where applicable, be paid by you at the prevailing rates on the due date for payment and on receipt of a VAT Invoice from us.
7.4All payments to be made by you under this Agreement (except any deduction or withholding which is required by law) shall be paid free and clear of any deductions or withholdings for or on account of set-offs or counterclaims.
8. MODEL AND OTHER RELEASES; CAPTIONS AND OTHER INFORMATION
8.1 We give no warranties whatsoever as to the existence of any model, property or other releases associated with the Image(s).
8.2 We give no warranties whatsoever as to the use of names, trade marks, logos, uniforms, registered or unregistered designs, artistic works or other material depicted in any Image which may be subject to intellectual property rights or other restrictions.
8.3 You must satisfy yourself that all releases, consents, Licences or permissions as may be required for use of the Image(s) have been secured. You are solely responsible for obtaining all such releases, consents, Licences or permissions and the Licence is conditional in each case on your obtaining them. You must not rely on any representation in this connection which may be made on our website and may only rely on an express representation given specifically to you by us in writing.
8.4 We do not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s). You must satisfy yourself that all such information is correct.
9.1 You shall keep separate and detailed records of all uses of the Image(s) to enable us to verify your compliance with the terms of this Agreement. After giving written notice of 10 days, we, or any other person authorised by us, may inspect your records, premises and/or servers during normal business hours, and take away copies to verify the information provided by you. This right of inspection shall remain in effect for a period of one year after the expiry or termination of this Agreement.
10.1 You agree to indemnify and hold us harmless against any claims, damages, losses, expenses or costs (including any direct, indirect or consequential losses, loss of profit and loss of reputation and all interest, penalties and legal costs and other expenses) arising in any manner whatsoever from or as a result of your unauthorised use of any Image supplied by us to you, or any other breach by you of any of your obligations under this Agreement.
11.1 We may (by written notice to you) terminate this Agreement immediately if:
(a) You fail to pay any amount due under this Agreement in full within 30 days of its due date and this failure is not remedied within 7 days of receipt of written notice to this effect. Exceptions can only apply when formal arrangements have been made in writing with us; or
(b) You commit any material breach of your obligations under this Agreement which is incapable of remedy, or if capable of remedy, is not remedied within 14 days of our giving written notice requiring the breach to be remedied; or
(c) You cease, or threaten to cease, to carry on business, or any of the following events occur in respect of you or any of your holding companies:
(i) A proposal is made for a voluntary arrangement or for any other composition scheme or arrangement with or assignment for the benefit of creditors;
(ii) A resolution for winding-up is passed;
(iii) A petition for winding-up is presented, or an application is made for the appointment of a provisional liquidator, or a creditors' meeting is convened;
(iv) A receiver, administrative receiver or similar officer is appointed over the whole or any part of your business or assets; or
(v) An application is made either for the appointment of an administrator or for an administration order.
11.2 On any expiry or termination of this Agreement, the Licence shall automatically terminate and there must be no further use of the Image(s). All Digital Image(s) must be promptly deleted from your and any End User's computer or other electronic storage systems.
12. WARRANTY AND LIMITATION OF LIABILITY
12.1 We warrant that (a) the Image(s) will be free from defects in material and workmanship for 30 days from delivery (your sole remedy for a breach of this warranty being the replacement of the defective Image); (b) we have all necessary rights and authority to enter into and perform this Agreement; and (c) your use of the Image(s) in accordance with this Agreement and in the form delivered by us will not infringe any copyright in the Image(s) or any moral rights of the authors of the Image(s).
12.2 Save where expressly provided, all terms which might be implied into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.
12.3 Nothing in this Agreement shall operate to exclude or limit our liability for (a) death or personal injury caused by our negligence; (b) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods