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Terms and Conditions of Use

THESE TERMS AND CONDITIONS FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AS THE LICENSEE AND THE TONY TILFORD PHOTO LIBRARY.

You will be deemed to have accepted these Terms and Conditions unless you notify us to the contrary but in any event, if you have previously dealt with us on these Terms and Conditions, by virtue of having made a previous request for specific Images. No variation of these Terms and Conditions shall be effective unless agreed in writing.

PLEASE READ THE AGREEMENT CAREFULLY

The Terms:

(a) AGREEMENT - is the contract that incorporates fully the Terms and Conditions of use or reproduction.

(b) IMAGE - includes a digital file, photograph, transparency, image or any derivative or other item which may be offered for the purposes of reproduction.

(c) REPRODUCTION - includes any form of copying or publication of the whole or part of any image in its original or any modified form, by any means including printing, photocopying, photography, image projection in any form, artist's reference or illustration, design layout or presentation, or electronic or mechanical reproduction, transmission or storage by any means.

(d) YOU - means the person or client accessing and using this website for the purpose of viewing or using the material, text or images included therein.

(e) DERIVATIVE - A derived work is anything sourced or referenced from any original image or images. Manipulations, clones, tracings or inclusions of images in whole or in part in a montage or use as the basis for an artist’s reference or illustration or change an Image(s) in any other way constitute a derivative work.

(f) NON-TRANSFERABLE - means that the Image(s) must be solely for your own use, or for the use of your direct employer, client, or customer, who must be the end-user of your work.

1. Licensing arrangement and permitted use

1a. Reproduction by any means in whole or in part of an Image(s) is prohibited without specific written permission or licence. Images may however be used for selection purposes, including layouts and design proofs prior to any publication.

1b. Delivery in any format or downloading of an Image(s) from this website does not grant reproduction rights unless expressly agreed. Reproduction Rights to an Image(s) only exist when licence terms are agreed and the fee is paid in full. Pre-emptive reproduction prior to payment or non-compliance with the Agreement constitutes an infringement of copyright that entitles cancellation of the Agreement and a claim for damages.

1c. Subject to the terms of the Agreement, the Tony Tilford Photo Library grants to you a personal, non-exclusive, non-transferable right to use an image or images for one time only for a specific use and subject to payment of an agreed fee.

1d. The right to use the Image(s) will be granted only for the use specified and for no other purpose. No other rights, title or interest in or to the Image(s) are acquired except as specified. Any rights not granted are reserved exclusively by the Tony Tilford Photo Library for future disposition without any limitations whatsoever. No derivative work rights are granted unless specified.

1e. Additional rights may be available subject to payment of additional fees.

1f. Any rights granted are subject to due payment in full of the fee specified in accordance with the terms of the Agreement and no rights are otherwise granted by possession of the Image(s) or the Agreement. You agree to pay the fee specified, and any other fees or charges payable to the Tony Tilford Photo Library, in advance of any use of the Image(s).

1g Unless otherwise specified all fees are exclusive of duties or VAT which must also be paid to the Tony Tilford Photo Library where applicable.

1h. Use of the Image(s) other than in accordance with the terms of the Agreement constitutes an infringement of copyright and breach of contract and may result in appropriate legal action.

If you are unsure of your rights under the Agreement, or if you wish to use the Image(s) in a manner not specified, please contact us.

2. Copyright

2a. All rights to the Image(s) and text on this website or supplied through this website are owned by the originator and are licensed to the Tony Tilford Photo Library. All rights are reserved. No part of this website may be copied or reproduced in any form, stored in a retrieval system, or transmitted in any form by any means, other than normal Internet browsing, whether electronic, mechanical, photocopying, recording, or otherwise, without the prior agreement of the publisher.(Contact Us). The authors have asserted their rights under the Copyright, Designs and Patents Act 1998 to be identified as the authors of this work.

2b. All reproduction, publication or other usages require prior permission and except where specifically noted will usually attract a fee. Images may however be used for design and selection purposes, including layouts and design proofs prior to any publication.

3. Credit Line

3a. Where customary or required by law and except where specifically agreed in writing, a copyright and credit line must be included with the reproduction of the Image(s) in the following format : Tony Tilford Photo Library.

3b. Since it is difficult to quantify the loss or damage incurred due to an incorrect or missing credit, you agree that a reasonable amount of liquidated damages payable by you to the Tony Tilford Photo Library if the credit is missing or incorrect is 50% of the fee specified.

4. Statement of use

If the Image(s) is used in a print publication you agree to deliver, at your cost, to the Tony Tilford Photo Library, two free copies of the publication or two free tear sheets containing a reproduction of the Image(s) within (thirty) 30 days of publication. In other media alternative evidence of use must be provided if requested. Failure to supply tear sheets or such alternative evidence shall be considered to be a material breach of the Agreement.

5. Unauthorised use

5a. Should unauthorised use have taken place, the Tony Tilford Photo Library will determine the appropriate fee by relying in good faith on the information provided by you for the use specified.

5b. Since it is difficult to quantify the loss or damage incurred if you use the Image(s) other than in accordance with the Agreement, including but not limited to the number of uses, the publication implicated, or the size of reproduction, the Tony Tilford Photo Library shall have the option to forego its right to sue for copyright infringement and breach of contract if you pay, as liquidated damages, a sum equal to three (3) times the normal fee which the Tony Tilford Photo Library would have charged for such use, within fourteen (14) days of the Tony Tilford Photo Library invoicing you for such fee. If you fail to make such payment the Tony Tilford Photo Library shall have the right to sue for copyright infringement and breach of contract.

6. Derivative work

6a. If you intend to create or have created any derivative work, you must contact the Tony Tilford Photo Library to purchase reproduction rights.

6b. Such derivative work may be used only as permitted in accordance with the Agreement, and you thereby assign all copyright in respect of such derivative work to the Tony Tilford Photo Library.

6c. If requested by the Tony Tilford Photo Library, you agree to execute such further documents or perform such acts as the Tony Tilford Photo Library may request to give affect to such assignment and you agree that the Tony Tilford Photo Library may execute such documents or perform such acts as your agent if you fail to do so within fourteen (14) days of a request to do so.

7. Duration of Agreement

7a. The term of the Agreement is for a period of twelve (12) months from the date of instigation unless otherwise specified.

7b. The Agreement will terminate automatically without notice from the Tony Tilford Photo Library once the permitted use has been completed.

7c. The Agreement will also terminate automatically and without notice if you fail to pay the applicable fees or fail to comply with any other provision of the Agreement, or if you die, or if you are declared bankrupt, insolvent or if a resolution, petition or order or winding-up is made against you, or any representation made by you proves to be false, or if you fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply.

7d. Upon termination, you must immediately (i) stop using the Image(s) and (ii) delete the Image(s) and all copies of it from all electronic and/or magnetic media and destroy all other copies of the Image(s) within your possession or control, or upon request of the Tony Tilford Photo Library, return all such tangible copies to the Tony Tilford Photo Library. In the event of termination, all rights granted will immediately revert to the Tony Tilford Photo Library and any further use or exploitation of any Image shall constitute an infringement of copyright.

8. Non-transferable Rights

8a. You may not sell, loan, donate, sublicense, rent, or otherwise transfer to anyone the Image(s) or the right to use the Image(s) (except insofar as it has been incorporated and specified in the Agreement) and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the Image(s).

8b. You agree to take all commercially reasonable steps to prevent third parties from reproducing or distributing the Image(s), including affixing the credit line as detailed in paragraph 3 and implementing appropriate security protection and compliance procedures.

8c. Should the Tony Tilford Photo Library agree that you may license the use of an Image(s) to any third party, you shall enter into an agreement with such third party to ensure that they are also bound by the terms and Conditions of the Agreement.

9. Supply of Images in photographic transparency or print form

9a. The supply of Images in photographic transparency or print form is at your request and on approval only.

9b. The delivery note lists the Images delivered to you, which shall be deemed to have been received complete and in good condition, unless notification of any discrepancy or damage is received within 7 days of despatch.

9c. All Images sent in photographic transparency or print form remain the property of the Tony Tilford Photo Library. They are your responsibility from the time they are dispatched until they are received back in the library. You are recommended to take out insurance to cover the total value of the Images delivered.

9d. You are required to pay a non-refundable service fee to cover delivery and administrative costs of each submission or resubmission of Images whether or not reproduction rights are required or granted. Images will be delivered to you by the most appropriate safe method which affords proof of delivery.

10. Return of Images in photographic transparency or print form

10a. The Return Date is the date by which the Images must be returned as specified on the delivery note. This shall be four weeks from the date of the delivery note unless otherwise specified. Where the return date is exceeded a rental fee is payable as specified on the delivery note.

10b. Payment of any rental fee does not entitle a borrower to retain any Image after its Return Date.

10c. Images in transparency or print form must be returned by a safe method which affords proof of delivery, adequate protection and insurance for Images in transit. A copy of your delivery note detailing and totalling the returned Images must be enclosed with the images and a separate copy sent by separate post, fax or email.

11. Loss or Damage to Images in photographic transparency or print form

11a. Any loss or damage must be notified in writing immediately it occurs.

11b. Compensation is payable for each Image lost or damaged at the rates specified on the delivery note.

11c. Any Image returned without its mount or with its caption or other mount data missing or defaced, may incur a replacement charge as set out in the delivery note.

11d. Payment of compensation does not entitle you to any additional rights in the material.

11e. An Image subsequently found must be returned immediately and if it is undamaged you will be credited with any compensation paid less a rental fee at the rate set out in the delivery note. This is calculated from the Return Date to the date the Image is received back in the library.


12. Digitising of Images supplied in photographic transparency or print form

12a. Images in transparency or print format may not be reproduced as Digital Images without the express permission of the Tony Tilford Photo Library. It is agreed that all Digital Images produced from transparencies or prints shall be treated as original or manipulated Digital Images for the purpose of the Agreement.

12b. You agree to destroy all Digital Images in any form obtained either through this website, from the Tony Tilford Photo Library or created under the terms of the Agreement, within 90 days of the date of receipt of the Images or expiry of the term of the Agreement.

13. Storage of Digital Images

13a. The Images(s) may not be reproduced or stored by computer or transmitted by a computer network other than is immediately necessary for the permitted use specified.

13b. You shall ensure that any Digital Image in your possession either in its original format or when manipulated or changed shall be recorded and labelled with the Image reference number as used by the Tony Tilford Photo Library, along with copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.

13c. Unless otherwise agreed, any Digital Image derived, created or stored by you must not be greater in size than 640x480 pixels, 72ppi unless agreed otherwise in writing.

13d. Where the Image(s) is/are provided on CD by the Tony Tilford Photo Library
you may not:

(i) copy or reproduce the CD, the Image(s) it contains, or the materials that accompany it, except as specified in the Agreement;

(ii) remove any copyright or trade mark material or notice from any place where it appears on the CD, or its accompanying materials; or

(iii) reverse engineer, decompile, or disassemble any part of the CD, its software or any part of it, subject to applicable law.

14. Indemnification

14a. You agree that you will not use or permit the use of the Image(s) to infringe any copyright, trade mark rights or any other intellectual property rights, moral or similar rights, to defame any person or violate any person's right of privacy or publicity, for any obscene, libellous, indecent or blasphemous purpose, or in any other way which is illegal or unlawful. You agree not to use or permit the use of the Image(s) as a trade or service mark, or claim any proprietary rights of any sort in the Image(s) or any part.

14b. You agree to indemnify and hold the Tony Tilford Photo Library harmless against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of the Image(s) other than in accordance with the terms of the Agreement.

15. Warranties

15a. The Tony Tilford Photo Library provides its on-line image system consisting of Image(s) and the accompanying data (including text and captions) and any relevant media hereinafter referred to as the ‘Materials’. These are supplied "as is" and on an "is available" basis without any representation or endorsement and without warranty of any kind whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

15b. The Tony Tilford Photo Library does not warrant that use of the Materials will be uninterrupted, error free or free of viruses or bugs or that defects will be corrected, or give any warranty otherwise as to their functionality, accuracy, or reliability.

16. Limitations of liability

16a. In no event will the Tony Tilford Photo Library be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tort, arising out of or in connection with the Agreement including without limitation (a) the use of or inability to use the Image(s) or (b) the inability to obtain additional rights to the Image(s) (including making additional copies), even if the Tony Tilford Photo Library has been advised of the possibility of such damages.
16b. In any event, the limit of liability of the Tony Tilford Photo Library, the copyright owner of the Image(s) and their representative shall be the fee paid for the Image(s) to the Tony Tilford Photo Library.

17. Payment

17a. The terms of payment are full settlement within 30 days of issue of an invoice unless agreed otherwise in writing in advance.

17b. Failure to pay in accordance with the agreed terms may result, at our option, to rescind an Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 (UK) from the date payment was due until payment is made.

18. Interpretation and Governing Law

18a. The Agreement contains the entire agreement and understanding between the parties relating to the Image(s). If any provision of the Agreement should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which the Agreement is intended to be effective, then to the extent and within the jurisdiction which that provision is illegal, invalid or unenforceable, it shall be severed and deleted from the Agreement and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.

18b. The Agreement shall be governed by and construed in accordance with the laws of England and Wales. Disputes arising under the Agreement shall be exclusively subject to the jurisdiction of the courts of England and Wales.

 
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