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Terms & Conditions | ||||
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The full text of our Terms and Conditions is printed below. They apply to every person carrying out a picture search on our website. The use of images on this site is not royalty free. Please note the following major points: By ticking the box ‘I accept your Terms & Conditions’ and by validating the registration form you confirm that : (a) you have read akg-images’ Terms & Conditions, (b) you fully accept akg-images’ Terms & Conditions, (c) you hold the necessary authority as a representative of your organisation to accept these Terms & Conditions on its behalf, and (d) you have supplied truthful and complete information when filling in the registration form. These Terms & Conditions apply to digital documents downloaded from this site, transmitted from our offices or ordered on CD-Rom from this site. All orders of hard copies (transparencies or prints) from this site are governed by separate Terms & Conditions which are printed on the back of delivery notes which accompany every delivery of hard copies. A fee is payable for each use, to be agreed with us and paid prior to the relevant use. Images may not be stored electronically beyond the duration of the project for which they were supplied without our prior written permission. Images may be downloaded (at our discretion), but must be deleted within 90 days if reproduction rights have not by then been agreed. All images must be credited ‘Photo: akg-images, London’ followed by the contributor’s name; where applicable, you must clear any additional copyright (such as artist’s copyright, for example) and the appropriate copyright notice must be added to the credit. Museums, collections and their locations must be acknowledged. It is your responsibility to obtain all necessary permissions from models, copyright owners and other third party rights owners. Invoices are payable within 30 days. Interest may be charged on overdue payments. Clicking on any of the headings below will take you to the relevant section of the Terms and Conditions TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES DEFINITIONSSUPPLY OF IMAGES IN DIGITAL FORMAT REPRODUCTION RIGHTS CLEARING OF ADDITIONAL COPYRIGHT AND OTHER THIRD PARTY RIGHTS CREDIT LINES AND COPYRIGHT NOTICES PUBLICATION RIGHT COMPLIMENTARY COPIES FEES CONFIDENTIALITY STORAGE OF OUR DIGITAL FILES SUSPENSION OF ACCESS MODIFICATION OF SITE CONTENT MISCELLANEOUS TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES
DEFINITIONS SUPPLY OF IMAGES IN DIGITAL FORMAT
REPRODUCTION RIGHTS
4. 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. 5. You agree to indemnify us in respect of any claims, damages, costs (including legal costs) or expenses we incur arising from any reproduction without licence of any Image supplied to you. 6. Reproduction rights granted are personal to you and may not be assigned or sublicensed, nor may any Image submitted to you be loaned or transferred to third parties save for the purpose of the exercise by you of such reproduction rights. 7. If we agree that you may sublicense 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. 8. You may not crop, alter or add to or manipulate any Image by means of computer or any other technique, without our prior consent in writing. 9. While we take all reasonable care in the performance of this Agreement generally, we shall not be liable for any loss or damage suffered by you or by any third party arising from any defect in any Image or its caption or in any way from its reproduction. Where reproduction of Images is subject to third party quality restrictions, it is your responsibility to satisfy yourself that those restrictions are complied with. 10. The grant of reproduction rights does not imply that our Images may be published in any context. Images should not, in any way, be reproduced so as to be harmful or degrading to the dignity of a human person. It is your responsibility to ensure that Images are not published in works or documents of a scandalous nature. 11. Any licence granted by us 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. CLEARING OF ADDITIONAL COPYRIGHT AND OTHER THIRD PARTY RIGHTS
CREDIT LINES AND COPYRIGHT NOTICES
14. On all intermediary reproductions necessitated by technical processes (eg, proof copies, offset film, electronic scans and files), the credit line and copyright notices must be included. 15. Unless otherwise agreed in writing, if any Image reproduced by you omits the copyright notice or credit line specified by us the reproduction fee payable by you shall be 50% more than that specified on the invoice. PUBLICATION RIGHT
COMPLIMENTARY COPIES
FEES
19. Every single reproduction (as defined above) of any Image is subject to a reproduction fee. It is your responsibility to be aware of our current rates. If you wish to negotiate a reduced rate for the right to reproduce an Image, you should do so in advance. 20. Until we have invoiced the reproduction fee, neither party is committed to grant or to acquire any reproduction rights in any Image. Your right to reproduce an Image arises only when our invoice relating to the grant of such right is fully paid. 21. Terms of payment are 30 days from date of invoice. We may agree to a non-standard reduced rate for reproduction rights from time to time but reserve the right to issue a revised invoice at full rates should the initial invoice not be settled within 30 days. We may charge interest on any overdue payment at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made. CONFIDENTIALITY
STORAGE OF OUR DIGITAL FILES
24. If permission is granted to store our Images in a database the following conditions apply: 25. (i)Each 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. 26. (ii)Unless otherwise agreed, any Image you create or store must not be greater in size than 640 x 480 pixels, 72 dpi. Any use of the Images shall be in a format designed so that it will not be possible to alter, manipulate or adapt any Image in any way during the normal course of using the product. SUSPENSION OF ACCESS
28. In this event you undertake to (a) immediately to stop reproducing any Images belonging to us, (b) immediately to delete all digitised documents or files originating from us and (c) to destroy all physical copies or copies on CD-Rom, or return them to us at our request. MODIFICATION OF THE SITE CONTENT
30. After being informed of this on our website or by email, you agree (subject to any reproduction rights which we may already have granted) (a) to stop immediately using the images in question, (b) to remove immediately all the digitised images and documents in question and to destroy all copies, or return them to us at our request. 31. We will use our best endeavours to ensure normal access to our site but cannot guarantee permanent or 100% continuous access. MISCELLANEOUS
33. 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. 34. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by mediation procedure recommended by the British Photographers’ Liaison Committee. 35. This Agreement shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the Courts of England and Wales. |
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