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European Photographics
and ALPHA ONE MEDIA
**ENTER**
Moto-Photo
Terms and
Conditions of Submission and Reproduction of Photos and Pictures
from
European Photographics, Moto-Photo.
- In
this agreement the terms (a) PICTURE refers to digital images contained in
the European
Photographics’
Moto-Photo
archive which may be offered for the purpose 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 illustration, layout or presentation, electronic or mechanical
reproduction or storage by any other means.
- No
variation of terms or conditions set out herein shall be effective unless
agreed in writing by both parties.
- Pictures
are supplied on LOAN and no property or copyright in any pictures shall pass
to the Client whether on its submission or on European
Photographics’
grant reproduction rights in respect thereof.
-
- Reproduction
rights ( if and when granted ) are strictly limited to the use, period of
time and territory specified on European Photographics invoice and unless otherwise agreed in
writing relate to a single publication in a single size with text ( if any
) in one language only.
- Reproduction
rights are not granted exclusively to the Client except when specified on
the invoice.
- 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.
- Any
reproduction rights are by way of licence and no partial or other
assignment of copyright shall be implied
-
- Until
European
Photographics
has invoiced the reproduction fee neither party is committed to grant or
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 European
Photographics 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 European
Photographics
may in its discretion cancel subject to the Client paying a cancellation
fee.
- The
Client's right to reproduce a picture arises only when European
Photographics
invoice relating to 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 European
Photographics
to rescind the agreement and rendering the Client liable for the payment
of damages.
- The
Client agrees to indemnify European Photographics in respect of any claim or damages or any
loss or cost arising in any manner from the reproduction without proper
reproduction rights of any picture supplied to the Client by European
Photographics.
-
- European
Photographics
invoice shall be paid within 28 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.
- If
payment is not made in accordance with ( a ) above then European
Photographics
may rescind this Agreement and recover damages,or, at its option may
charge interest on the overdue amount at 2.5% per month on the outstanding
balance.
- On
the clients death or bankruptcy or (if the Client is a Company) in the event
of resolution,Petition or Order for winding up being made against it, or if
a Receiver is appointed, European Photographics may at any time thereafter inspect any
records, accounts and books relating to the reproduction of
- European
Photographics
pictures to ensure that the pictures are being used only in accordance with
the reproduction tights granted to the Client.
-
- Unless
otherwise agreed in writing,if any picture reproduced by the Client omits
the copyright notice or credit line specified by the European
Photographics
the reproduction fee payable by the Client shall be subject to an increase.
- The
Author has asserted his right to a credit in accordance with sections 77
and 78 Copyright, designs and patents Act 1988.
-
- Electronic
use,storage or transmission of images is forbidden without the express
written permission of European Photographics.
- The
Client will provide any information reasonably requested anti-piracay
measures.
- 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 European
Photographics
nor shall the image be altered or manipulated, added to, or have any part
deleted without the prior written consent of European
Photographics.
- In
the case of printed publications, two copies of the relevant pages
containing any picture supplied are to be furnished to European
Photographics
by the Client free of charge within two weeks. In other media evidence of
use must be made available if requested.
- While
European
Photographics
takes all reasonable care in the performance of this Agreement generally, European
Photographics
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.
- It
is the clients who must satisfy himself that all necessary rights, model
releases or consents which may be required for reproduction, are obtainable
and it is acknowledge that European
Photographics gives no warranty or undertaking that any such
rights, releases or consents are or will be obtained whether in relation to
the use of names, people, trade marks, registered or copyright designs or
works of art depicted in any picture. in the event that the picture is used
or reproduced by or with the authority of the Client the Client shall
indemnify European
Photographics against any loss, damage, proceedings or costs
where rights, releases or consents have been obtained.
- This
agreement shall be subjected to and construed according to English law and
the parties agree to accept the exclusive jurisdiction of the Courts of
England.
C. P. Reeves
European Photographics,
Moto-Photo.
ALPHA ONE MEDIA and EUROPEAN PHOTOGRAPHICS
C.P. REEVES, M.Phil., B.Sc.
Breslauer Strasse 25
D-64572 Büttelborn
Germany
TEL. (+49)-6152-40735
FAX: (+49)-6152-40734
e-mail: motogp-photo@t-online.de
www.moto-photo.eu
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ACTION
ACTION
