"We" and/or "Us" means Kate Noble Photography "You" means the person or entity named as client. No variation of these terms or conditions shall be effective unless agreed in writing. "Image" means any item which may be offered for the purposes of reproduction (including where appropriate a Digital Image).
1) The following terms and conditions apply to all users of this
site and those handling any digital material obtained from
this site which is www.katenoblephotography.com.
2) All images and information provided on this web site are the
property and/or copyright of Kate Noble Photography. The
moral
rights of Kate Noble Photography have been asserted.
3) You may save/download low-resolution "watermarked" images from
this site for evaluation and comp/layout purposes only. You
may NOT use watermarked images in any final products for
distribution in printed or electronic form either inside or
outside your company. You may not modify or remove any visible
or invisible electronic watermark. You may not redistribute
or
sublicense any image supplied by us or downloaded from this
site.
4) Other web sites which you may access via links available on
this site are not in any way controlled or endorsed by Kate
Noble Photography, and we are not responsible for any content
of those sites.
5) The reproduction by whatever means of the whole or any part of
any Image (including, without limitation, 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.
6) No reproduction rights are granted by virtue of the download of
Images unless expressly agreed in advance. 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) 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.
8) 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 licence, b) non-exclusive
reproduction rights for single use only in the United Kingdom.
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, period of time and territory
stated in the licence, d) personal to you and not assignable
by you to any third party.
9) If we agree that you may licence 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.
10) You must credit us and the author as specified by us every
time an Image is used.
11) Images shall not be altered or manipulated, added to, or have
any part deleted without our prior written consent.
12) You must provide us on publication with at least one
complimentary copy of any publication in which the
reproduction of the Image appears.
13) You acknowledge that Images are our valuable property, as are
any digital images created from the Images (" Digital
Images").
14) 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:
15) 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.
16) Unless otherwise agreed, any Digital Image you create must not
be greater in size than 640x480 pixels, 72 dpi. Any use of the
Digital Images shall be in a format designed so that it will
not be possible to alter, manipulate or adapt any Digital
Image in any way during the normal course of using the
product.
17) 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.
18) 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.
19) You must pay our invoice within 30 days of issue. However in
the case of newspaper, periodical and broadcasting use only,
if we agree in advance, you may pay by the end of the calendar
month immediately following publication or use, or within six
months of the issue of our invoice, whichever is sooner.
20) 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.
21) Any licence granted will terminate immediately if you (a) die,
(b) enter into voluntary or compulsory liquidation; (c) have a
receiver appointed; or (d) 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.
22) 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.
23) 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.
24) Should any disagreement arise between us, we shall, if we both
agree, first try to settle it by a mediation procedure
recommended by the BPLC.
25) 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.
© Copyright 2001 British Photographers' Liaison Committee / Finers
Stephens Innocent As agreed by BAPLA, AOP, NUJ, MPA and the
BFP
All material copyright Kate Noble Photography - please contact us
if you require more information.
© Kate Noble Photography
