SKYSCAN PHOTOLIBRARY : TERMS & CONDITIONS OF BUSINESS
| "We" and/or "Us" means SKYSCAN. "You" means the person or entity viewing or receiving our Images.|
"Image" means any item which may be offered for the purposes of reproduction or visual reference.
You will be deemed to have accepted these terms and conditions unless you notify us to the contrary within 24 hours of receipt of Images. No variation of these terms or conditions shall be effective unless agreed in writing.
ALL IMAGES SUPPLIED TO THE CLIENT OR VIEWED ON THE SKYSCAN WEB SITE ARE THE COPYRIGHT AND INTELLECTUAL PROPERTY OF THE PHOTOGRAPHER AND PROTECTED BY INTERNATIONAL COPYRIGHT LAWS
No image is in the public domain and they may not be copied, stored, reproduced or used in any way without the prior written agreement of Skyscan, who act on behalf of the Copyright Owner.
Supply of Images
1) The Images are submitted at your request, and on approval only; these will usually be Digital Images of low resolution and / or watermarked images. Supply of Images in original film or printed format will be subject to separate terms as specified on the accompanying Delivery Note.
2) You acknowledge that the Images are our intellectual property, as are any copies created from the supplied Digital Images.
3) The reproduction by whatever means of the whole or any part of any Image(s) (including, without limitation, slide projection, artist's reference, artist?s illustration, layout or presentation of Images) is strictly forbidden without our specific written permission.
4) You must inform us of your proposals as to when and how an Image is intended to be used. We will then offer terms by which we would grant a licence and deliver a suitable high resolution Image.
5) The supply of a high resolution Digital Image suitable for (a) reproduction in print and other media including the internet and (b) a Digital Image required for reference purposes which has been customised by location and date of capture as specified by you will only be made when an order is placed by you and terms have been agreed for the licence and fee. Once the Image has been received by you or made available to you by notifed download link the order will be deemed fulfilled by us and the contract binding. The full fee will be payable in all cases.
6) No reproduction or other rights are granted by virtue of delivery of Images unless expressly indicated. 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 of any Image supplied to you.
7) Reproduction rights 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/or licence,
b) all reference use will be for personal use or limited to a maximum of six hard copies when supplied as evidence in legal, planning and other disputes. All copies by whatever means will be subject to these same licensed terms and conditions.
c) all reproduction rights will be non-exclusive reproduction rights for single use only unless varied by the accompanying license. A single use means a reproduction in one size for one edition of a single publication, published in one language only,
d) strictly limited to the use, period of time and territory stated in the licence. If no licensed term has been specified, the default term will be 12 months fron the date of license.
e) personal to you and not assignable by you to any third party unless otherwise veried by license.
f) if the picture submitted you is loaned or transferred to third parties for the purpose of fulfilling such reference or reproduction rights, you will take all steps to ensure that they are made aware of our terms of business and to act in accordance with them. You will be held responsible for any infringement arising from a failure to do so.
8) You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:
9) Each Digital Image created by you shall be recorded and labelled with the Image reference number used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
10) Any use of the Digital Images shall be in a format designed so that it will not be possible for third parties to alter, manipulate or adapt any Digital Image in any way during the normal course of using the product.
11) 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 computer or other storage medium 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. If no licensed term has been specified, the default term will be 12 months from the date of the license.
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 Photographer.
13) You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Image supplied to you.
14) THE RIGHT TO A CREDIT IS ASSERTED in accordance with sections 77 & 78 Copyright, Designs and Patents Act 1988. You must credit us and the Photographer as specified by us every time an Image is used such credit to read Copyright Skyscan.co.uk or as specified in the license. If you fail to credit the Image an additional 20% of the original licence fee will be payable.
15) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent. This includes any copyright and metadata embedded in the Digital Image.
16) You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
17) 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.
18) You must pay our invoice within 30 days of issue unless otherwise agreed in writing.
19) 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.
20) 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.
21) 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.
22) 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.
23) Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure.
24) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.