Terms and Conditions
Terms and Conditions of Submission and Reproduction of Pictures
1.In this Agreement the terms (a) picture includes a photograph, transparency, negative, design, artwork, painting, montage, drawing, engraving, or any other item which may be offered for the purposes of reproduction; (b) reproduction includes any form of publication or copying of the whole or part of any picture, altered or not, whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means; (c) Date for return is the date by which the pictures must be returned as specified on the delivery note (unless picture is sent electronically whereby no date for return applies). If no date is specified, the Date for Return shall be four weeks from the date of the delivery note or if an invoice is rendered for reproduction rights, 12 weeks from the date of such invoice. The pictures supplied are the authors' own intellectual creation.
2. No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties.
3. Where not sent electronically, pictures are supplied on loan and no property or copyright in any pictures shall pass to the Client whether on its submission or on the Supplier's grant of reproduction rights in respect thereof.
4. A non-refundable service fee to cover administrative costs and dispatch of pictures is payable by the Client on each submission and re-submission of pictures whether or not reproduction rights are required or granted only where a picture is not sent by email. The Client shall pay for courier, express or any other special delivery arrangement requested.
5. (a) Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Supplier's invoice and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only.
(b) Reproduction rights are not granted exclusively to the client except when specified on the invoice.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.
(d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
6. The Supplier's delivery note will list all the pictures delivered to the Client, which shall be presumed to have been received in good condition, unless within 3 days of receipt the Supplier receives notification of any discrepancy or damage.
7. (a) Where pictures are not sent electronically, risk in and responsibility for pictures passes to the Client from the time they are received until their safe return. The Client shall immediately inform the Supplier in writing of any known loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within 12 weeks of the Date for Return, the Supplier may in its sole discretion presume it to be lost.
(b) The Client shall be liable to pay compensation to the Supplier in respect of each original (master) picture lost or damaged (£500.00). The loss or damage of colour or monotone prints or duplicate transparencies for which there are available negatives / originals shall also be the subject of compensation, but at a different level (£25.00). Payment of compensation does not give rise to any rights in any picture. These figures have been assessed by the Supplier and are a genuine pre-estimate of the loss which would be suffered if such a picture were to be lost or damaged. The Client is urged to take out insurance cover to cover the total value of the pictures delivered. This does not apply to pictures supplied in electronic format.
(c) A picture subsequently found must be returned immediately. If it is undamaged the Client will be credited with the compensation paid less a rental fee (under clause 10) from the date the compensation is claimed to the date the picture is returned, such credit being at least 20% of the compensation.
8. Any picture returned without its mount or with its caption or other mount data missing or defaced, may incur a replacement charge of £10.
9. Where pictures are not sent electronically, the Client must return every picture to the Supplier by its Date for Return by any method affording proof of delivery and insured to the relevant level of compensation cover. Adequate protection must be given to pictures in transit. A delivery note listing and totalling the returned pictures must be enclosed, and an advice in writing with this same information sent by separate post.
10. Where pictures are not sent electronically and unless otherwise agreed each picture may be held by the Client rental free until its Date for Return and thereafter the Client shall be liable to pay a rental fee of £4 per picture per week or part thereof pending its return. Rental fees may be waived by the Supplier where the client has paid for duplication. Payment of the rental fee does not entitle the Client to retain the picture after the Date for Return.
11. (a) Until the Supplier has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby the Supplier is committed to grant reproduction rights and the Client to acquire them. If after such invoicing but before payment, the Client requests cancellation of the reproduction rights the Supplier may in its discretion cancel subject to the Client paying a cancellation fee.
(b) The Client's right to reproduce a picture arises only when the Supplier's invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling the Supplier to rescind the Agreement and rendering the Client liable for the payment of damages.
(c) If any of the pictures supplied shall give rise to publication right (as defined in the draft Publication Right and the Duration of Copyright and Rights in Performances Regulations 1995) or to any similar rights in the United Kingdom or in any other country those rights shall belong exclusively to the Agency. The Client undertakes to do all such things and to procure that any third parties in whom such rights may otherwise vest do all such things and sign and execute all such documents as may reasonably be required to vest all such rights exclusively in the Agency.
(d) The Client agrees to indemnify the Supplier in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by the Supplier.
12. (a) The Supplier's invoice shall be paid within 30 days of issue save in the case of newspaper, periodical and broadcasting clients where payment shall be made no later than the end of the calendar month immediately succeeding publication or use.
(b) If payment is not made in accordance with (a) above then the Supplier may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at the rate prescribed by Late Payment of Commercial Debts (Interest) Act 1998, from the date payment was due until the date payment is made. This rate of interest is 8% per month above the current UK base rate.
13. On the Client's death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver is appointed, the Supplier may at any time thereafter inspect any records, accounts and books relating to the reproduction of the Supplier's pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
14. (a) Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by the Supplier the reproduction fee payable by the Client shall be subject to an increase of 20%.
(b) The Author has asserted his right to a credit in accordance with sections 77 & 78 Copyright, Designs and Patents Act 1988.
15. (a) Electronic use, storage or transmission of images is forbidden without the express written permission of the supplier.
(b) The client will provide any information reasonably requested regarding anti-piracy measures.
16. Pictures shall not be copied, on-loaned or otherwise disposed of and no use whatsoever shall be made of them by the Client without prior written consent of the supplier, nor shall the image be altered or manipulated, added to, or have any part deleted without the prior written consent of the supplier.
17. In the case of printed publications, two copies of the relevant pages containing any picture supplied are to be furnished to the Supplier by the Client free of charge within two weeks. In other media, evidence of use must be made available if requested.
18. While the Supplier takes all reasonable care in the performance of this Agreement generally, the Supplier shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.
19. Unless we indicate that an Image has a model or property release, no such release exists. The Amusement Park Photographic Library gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art, buildings or other property depicted in any Image, and you must satisfy yourself that all necessary rights, releases or consents as may be required for reproduction are secured. In the event that the picture is used or reproduced by or with the authority of the Client then the Client shall indemnify the Supplier against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
20. 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.
21. We also sell prints for personal use only. Without prior written permission, you must not duplicate, reproduce, re-use or redistribute in any form, by any means and for any purpose, prints sold for personal use.
By using this website, you agree to abide by the Terms and Conditions of the Amusement Park Photographic Library.