| Terms and Conditions
of Use
www.reportdigital.co.uk Report Digital is a member of The British Association of Picture Libraries and Agencies (BAPLA). Our Terms & Conditions of Trading are based on those agreed by BAPLA, AOP, NUJ, MPA and the BFP and are considered standard within the industry. Please read these terms carefully. They are legally binding - if you do not agree to the terms please contact the office immediately informing us of your concerns. There is no search fee. However downloading high-resolution JPEG photographs will be charged at £10 (plus VAT) per picture where reproduced, £15 (plus VAT) if not reproduced. Report Digital receive notification of any downloads and will invoice you for these and any reproduction fees payable, as listed in "charges". You are responsible for keeping your name and password secure. Users to whom a Password has been issued (Registered Users) may download high-resolution copies of the images on this site, and use them for the purposes covered in these Terms & Conditions, subject to the Terms and Conditions set out therein. In downloading a high-resolution image, you agree to be charged a download fee as above, and to pay the appropriate licence fee for any use of that image according to our Terms & Conditions. Users wishing to obtain a Password and become a Registered User must provide accurate information during the Registration process. - If you are a Registered User, you are responsible for protecting the confidentiality of your Login and Password details. You may not allow others to use your login and password to access this site without written permission from Report Digital, and you agree to take all reasonable steps to prevent unauthorised persons from obtaining your login/password details. You will be held responsible for any charges arising from downloads of material from this site by third parties using your login details, with or without your permission. You must supply 2
copies of your publication to Report Digital on publication. All reproductions
of photographs must be credited "photographers name (reportdigital.co.uk)".
If in doubt as to the photographers name, check the "file info"
with the photograph file open in Adobe Photoshop. A photo credit/by-line
is obligatory. Other web sites which you may access via links available on this site are not in any way controlled or endorsed by Report Digital, and we are not responsible for any content of those sites. All photographs remain the property and copyright of the photographers and are protected under United Kingdom & International copyright laws. All moral and intellectual rights are asserted under the Copyright Designs & Patents Act 1988. The photographs are not model released and may only be used for editorial purposes. The photographs are for reproduction in conventional hard copy print media. Copyright clearance and rates for any other use e.g. use on web sites, must be negotiated with Report Digital before publication. Fees at no less than
our minimum are charged. You may not pass any of these pictures to any
third party, except those directly involved in the production process
e.g. printers who themselves must not store or pass them on, nor may you
manipulate these photographs in any way without permission. You may not
alter the file information text embedded in any of the pictures. All copies
of these photographs must be deleted immediately after first use unless
permission is agreed in writing. No liability of any kind is accepted
for any legal action arising from the use of any photograph. Any disputes
regarding these terms & conditions or payment are to be resolved under
UK law and in UK courts. 1. In this Agreement the terms (a) picture includes any digital file which may be offered for the purposes 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's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means including web sight and CD rom publication. (c) Watermarked comp files may only be used in materials for personal, noncommercial use and test or sample use, including comps and layouts and may not be reproduced in any other form. 2. No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties. 3. Pictures are supplied on LOAN and no property or copyright in any pictures shall pass to the Client whether on its submission or on the Supplier's grant of reproduction rights in respect thereof. 4. A non-refundable download fee is payable by the Client on each download of pictures whether or not reproduction rights are required or granted. Files must be deleted within 30 days following publication. 5. (a) Reproduction
rights (if and when granted) are strictly limited to the use, period of
time and territory specified on the Supplier's invoice and unless otherwise
agreed in writing relate to a single publication in a single size with
text (if any) in one language only. (b) Reproduction rights are not granted
exclusively to the Client except when specified on the invoice, (c) 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. (d) Any reproduction rights granted are by way of licence and
no partial or other assignment of copyright shall be implied. (e) Any
unauthorised use of our pictures is a breach of agreement and an infringement
of copyright and Report Digital reserves the right to charge and the client
agrees to pay a fee for such use equal to five times the normal license
fee for use of the material. The client shall be responsible for any damages
resulting from any such copyright infringement, including any claims by
a third party. 6. (a) Risk in and responsibility for pictures passes to the Client from the time they are received. The Client shall immediately inform the Supplier in writing of any known loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. 7. (a) Until the Supplier has invoiced the reproduction fee neither party is committed to grant or to 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 the Supplier 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 the Supplier may in its discretion cancel subject to the Client paying a cancellation fee. (b) The Client's right to reproduce a picture arises only when the Suppliers invoice relating to the 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 the Supplier to rescind the Agreement and rendering the Client liable to the payment of damages. (c) The Client agrees to indemnify the Supplier in respect of any clams or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by the Supplier. 8. (a) The Suppliers invoice shall be paid within 30 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. (b) If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charges and 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. 9. On the Client's death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver is appointed, the Supplier may at any time thereafter inspect any records, accounts and books relating to the reproduction of the Supplier's pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client. 10. (a) Unless otherwise agreed in writing, if any picture reproduced by the Client omits the copyright notice or credit line specified by the Supplier the reproduction fee payable by the Client shall be subject to an increase of an additional 50% of the original licence fee (b) The Author has asserted his/her right to a credit in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. 11. (a) Electronic use, storage or transmission of images is forbidden without the express written permission of the Supplier. (b) The client will provide any information reasonably requested regarding anti-piracy measures. 12. 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 the Supplier nor shall the image be altered or manipulated, added to, or have any part deleted without me prior written consent of the Supplier. 13. In the case of printed publications, two copies of the relevant pages containing any picture supplied are to be furnished to the Supplier by the client free of charge within two weeks. In other media evidence of use must be made available. 14. While the Supplier takes all reasonable care in the performance of this Agreement generally, the Supplier 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. 15. It is the Client who must satisfy him/herself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the Supplier 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 then the Client shall indemnify the Supplier against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained. 16. 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. However if our business address specified below is in Scotland then these terms and conditions shall be governed by the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive. By using our website you are agreeing to all of theses terms and conditions. reportdigital.co.uk
(BAPLA) reportdigital.co.uk
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