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

TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES

DEFINITIONS
1. In this Agreement ‘we/us’ means akg-images Ltd. ‘You’ means our client as specified in the registration form. The terms (a) 'Image' means any image in digital format which you may download from this site, or which we may offer you for the purpose of reproduction as a digital copy transmitted to you, or digital file on CD-Rom; (b) 'reproduction' includes any form of publication or copying of the whole or part of any Image whether by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, digital, electronic or mechanical reproduction or by any other means.

SUPPLY OF IMAGES IN DIGITAL FORMAT
2. You acknowledge that the Images made available to you on this site or off-line are our valuable property, which we submit on approval only, unless otherwise agreed. Where reproduction rights have been granted, you agree to delete or destroy all 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. Where Images have been downloaded, but no reproduction rights granted, you undertake to delete or destroy the Images within 90 days of the date of downloading the Images, unless we agree (in writing, including by email) that you may store the Images for any extended period of time beyond this.

REPRODUCTION RIGHTS
3. No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. Any reproduction is strictly forbidden without our specific written permission. Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on our invoice and unless otherwise agreed in writing relate to a publication in a single size with text (if any) in one language only. Rights granted to reproduce an Image on a product do not include the right to use that Image directly or indirectly in any manner in the advertising or promotion of that product unless such right is specifically granted. Rights granted are non-exclusive, unless otherwise expressly agreed in writing. Exclusive rights, when granted, are subject to a premium fee.

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
12. Whilst we will if so requested use our reasonable endeavours to assist you in locating the relevant rights owners, no warranty is given by us as to the existence or validity of model, property or any other releases in respect of any Image. We shall not be liable for the absence of any such release or for any defect in any existing releases. We give no rights or warranties with regard to the use of names, trade marks, copyright works, registered designs or works of art depicted in any Image. It is a condition of this Agreement that you ensure before publication that all necessary rights or consents have been obtained. You shall indemnify us against any loss suffered by us as a result of any reproduction of the Image by you without effective releases, rights or consents.

CREDIT LINES AND COPYRIGHT NOTICES
13. 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.

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
16. 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.

COMPLIMENTARY COPIES
17. Two proofs of any publication containing any Images supplied by us with references to the Images provided are to be furnished to us by you free of charge within 4 weeks of publication. If such proofs cannot be provided (eg. advertising use, TV documentaries etc) you are required to supply an order form with full details of the images and their use. To assist with this task, we will send you a statement at the beginning of each month, listing any downloads from the previous months.

FEES
18. You agree to pay for courier, express or any other special arrangements requested. The zoom and download services are offered to clients at our discretion.

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
22. You undertake to keep strictly confidential your account number with us and any access codes/passwords and, except where you have written permission from us to do so, must not in any event allow any third party to use them for accessing our site. Any unauthorised use of Images downloaded by a third party using your account number, if disclosed by you to that third party without prior agreement in writing from us, will be deemed to have been authorised by you and you will be liable to compensate us accordingly.

STORAGE OF OUR DIGITAL FILES
23. Except where prior written permission has been obtained, it is (a) prohibited to store our Images in a database, (b) prohibited to store electronic files for more than 90 days after their download, (c) obligatory to feature the photographic credit and the source of the file during its temporary storage, (d) prohibited to use web copier software to download the content of our site as a whole or in parts, and (e) obligatory to return to us any document belonging to us which is burnt onto a CD-Rom.

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
27. We reserve the right to revoke at any time access to our internet site to any client, in case of material failure to comply with any of these these Terms and Conditions. We will notify you in writing of any 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
29. We may interrupt, without warning or justification, the distribution of certain photographers from our site, of certain collections or certain images, without any legal recourse on your part.

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
32. No variation of any term or condition set out herein shall be effective unless agreed in writing by both parties. Where any separate agreement or understanding is reached between you and us the provisions of this Agreement shall, unless otherwise expressly agreed, continue to apply except to the extent that they are inconsistent with the separate agreement.

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.