Terms and conditions for the reproduction of images

Please read these terms carefully before using this website. By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.
These terms constitute a legal agreement between you and Martin Hughes-Jones T/A Sampford Shrubs - "We" or "Us".

Terms and conditions for the reproduction of images

Please read these terms carefully before using this website. By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.

These terms constitute a legal agreement between you and Martin Hughes-Jones T/A Sampford Shrubs - "We" or "Us".

You will be deemed to have accepted these terms and conditions unless you notify us to the contrary. No variation of these terms or conditions shall be effective unless agreed in writing.

"IMAGE" means a Digital photographic Image offered for the purposes of reproduction.

1.You acknowledge that Images are our valuable property. 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 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.

Licence for Use of Images

2.The reproduction by whatever means of the whole or any part of any Image (in particular but without limitation, electronic use, storage or transmission, slide projection, artist's reference, artist's illustration, layout or presentation of Images) is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an Image is intended to be used. We will then consider whether we would wish to grant a licence and, if so, on what terms.

3.No reproduction 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 without licence of any Image supplied to you.

4.You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained. We make no claim or warranty with regard to your use of names, people, trademarks or copyright material depicted in any Image.

5.Reproduction rights (if granted), 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 licence,

b. non-exclusive reproduction rights for single use only. A single use means a reproduction in one size for one edition of a single publication, published in one language only,

c. strictly limited to the use, medium, period of time, print run, placement, size of licensed material, territory and any other restrictions specified in the Invoice. You may utilize the Image in any production process that may be necessary for the intended use specified in the Invoice.

d. personal to you and not assignable by you to any third party.

6.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 author.

7.You must credit the photographer Martin Hughes-Jones every time an Image is used. If you fail to credit the Image an additional 50% of the original licence fee will be payable.

8.Images shall not be altered or manipulated without our prior written consent but cropping is permitted.

9.When your licence period as set out in the Invoice ends, you must promptly delete the Image(s) from your computer or other electronic storage system. Any subsequent re-uses of the Image must be agreed with us in advance of licensing to ensure the Image is available under the rights you require. The Licence Fee depends on the nature of the rights granted. You agree to notify us in the event that you desire to expand the usage for the Image and pay any additional Licence Fee. Use of an Image in a manner not specifically authorised under the terms set out in the Invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright.

10.A Licence to use an Image on or in a product does not imply any right on your part to use the Image in any manner in the advertising or promotion of such product, which right must be separately negotiated.

11.You may store the Image(s) in a digital library, network configuration or similar arrangement to allow them to be viewed within your organisation and by your clients but you must retain the copyright symbol, the name of the photographer, the Image identification numbers as used by us and any other information as may be invisibly embedded in the electronic files containing the original Image(s). When your licence period as set out in the Invoice ends, you must promptly delete the Image(s) from your computer or other electronic storage system. Any subsequent re-uses of the Image must be agreed with us in advance of licensing to ensure the Image is available under the rights you require.

12.We have taken all reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors

Licence cancellation

13.Provided you have not used the Image(s) you may cancel the Licence within 30 days from the date of the Invoice by sending us an email with notification of the cancellation to images@samshrub.co.uk You may cancel the Licence within ten (10) days from the date of the Invoice without charge. If you cancel less than thirty (30) days after the Invoice date, a cancellation fee of fifty (50%) percent of the Invoice will be charged. After thirty (30) days, no cancellations will be accepted and the full amount of the invoice must be paid.

14.Cancelling the Licence revokes an right to publish, reproduce or use the Image(s) in any manner whatsoever. The Licence 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 the Agreement 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.

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