TERMS AND CONDITIONS OF COMMISSIONING AND REPRODUCTION OF IMAGES FROM NOMADICIMAGERY
Privacy rights protect living people from unauthorized use of their image that is intrusive or embarrassing. “Photographs of private persons, who are not celebrities or public figures, can be published without their consent only in an editorial context”.
Unless otherwise stated all images available for purchase from Nomadicimagery which contain people where they may be easily identifiable (this does not apply to people who are not recognizable ie. blurred or out of focus features), may only be used for editorial purposes online or in such print media as magazines, literature, brochures, leaflets, book publications, journalistic, newspapers etc.
These types of images are devoid of Model Releases, please be aware of this as incorrect usage of any images sold by Nomadicimagery and resulting actions by any party involved is solely the responsibility of the buyer/purchaser of the image which they have used in a way that violates licensing and model release laws.
Any image/photograph with particularly famous or well known and recognizable public, state or national buildings or properties shall adhere to the above statements as none of these image types sold through Nomadicimagery have Property Releases hence usage is restricted to editorial purposes along with any image containing logo’s or trademarks.
In this Agreement the terms
1.(a) Image includes a photographic print or digital download of any resolution 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 and whether or not altered 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
(c) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
2. The entire copyright of image/images is retained by Antony Ratcliffe at all times throughout the world.
3.(a) Reproduction rights are strictly limited to the use and period of time specified when payment has been made or on the invoice.
(b) Reproduction rights are not issued exclusively to the Client except when specified at the time of payment.
(c) Reproduction rights granted are personal to the Client and may not be assigned, nor may any image 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) Nomadicimagery reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client.
4. Nomadicimagery reserves the right to suspend ongoing services, such as (but not limited to) the Downloadable Web Page or other distribution of images, once any licence issued to a Client expires, and also reserves the right to inform the reason of this to third parties to whom this suspension of service affects.
5. 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, Nomadicimagery may at any time thereafter inspect any records, accounts and books relating to the reproduction of its images to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
6. No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Nomadicimagery.
7.(a) While Nomadicimagery takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption.
(b) The Client agrees to indemnify Nomadicimagery in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by Nomadicimagery.
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that Nomadicimagery gives no warranty or undertaking that any such rights, model releases or consents have 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 image. In the event that the picture issued or reproduced by or with the authority of the Client then the Client shall indemnify Nomadicimagery against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
8.(a) This Agreement of terms and conditions shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England.
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
There is a separate Privacy Statement regarding online digital downloads and prints from Nomadicimagery
Any further Questions please Email us via the Contact Form