1. In these terms and conditions the following shall apply;
--(1) "Dinnages" means and without limitation to, trading styles such as "Dinnages Transport Publishing|", "Dinnages Picture Publishing", "DTP Library", "Dinnages Library", "Dinnages Picture Library", or any other similar trading name as used by any family member through any web pages, in print, on the reverse of prints made available or as a watermark on electronic images to denote the rightful exclusive assigned ownership of such images for commercial use of said images.
--(2) "The customer" means any person, individual, firm or company who negotiates with or contracts to take on a licence, or to purchase, the images from the Dinnages Picture Library by means in person, online or by post.
--(3) "Image" includes a photographic print, or any other item including an electronic image (in the form of a computer file or otherwise) which may be offered by Dinnages for the purposes of reproduction for limited use as per the specific licence.
--(4) "Reproduction" includes any form of publication or copying, of the whole or part of any image and whether or not altered whether by printing, photography, slide projection (whether or not to an audience) xerography, layout at presentation, electronic or mechanical reproduction including online services, Internet or CD Rom, or storage by any other means, and "to reproduce" shall be construed accordingly.
--(5) "Reproduction Fee" is the fee agreed upon between the parties to cover reproduction of and set use of the image/s.
--(6) "Date" is the date by which the images must be removed or a date in which the image/s must be removed from public view.
--(7) "Unauthorised Fee" is a fee to cover additional costs of sourcing the unathorised image/s and tracking the person/s involved in such use, and used as a deterent again such misue of the Dinnages library. All unauthorised views in whatever
form of media is to be supplied to us, with a statement to who the uncredited images have been supplied to.
2. These conditions apply to all orders, supplies and reproductions of images from or by Dinnages, and shall apply instead of and become current and valid over any terms and conditions contained or referred to previously in any customers order or correspondence, or noted elsewhere. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
3. If any of the images supplied shall give rise to a publication right or to any similar rights in the United Kingdom or in any other country those rights shall belong exclusively to Dinnages. The customer undertakes to do all such things and to procure that any third parties in whom such rights may otherwise vest do all such things and sign and execute all such documents as may reasonably be required to vest all such rights exclusively to Dinnages.
4. Images are supplied to the customer by way of a licence only. No property (other than the paper printed on) or copyright in any images shall pass to the customer whether on their submission or on Dinnages grant of reproduction rights in respect thereof.
5. Dinnages will charge a non-refundable reproduction fee to enable further cover research, administration payable by the customer on each submission and resubmission of images when reproduction Rights are required or granted. Any fees charged will be based on Dinnages Library rates for the work involved. Fees can change at any time up and until a fee has been actually paid.
6. Dinnages shall deliver the images to the customer according to the customers instructions, by recorded post unless by another preferred method, usually at the customers cost. All images shall be deemed to have left Dinnages premises in mint condition unless noted otherwise, or unless within 3 days of receipt Dinnages receives notification of any postal damage.
7. Each image may be used by the customer until the end date of the contact terms. If any image is used past this date, then Dinnages reserves the right to levy an unathorised reproduction fee per image pending its removal. Payment of the fee does not entitle the customer to retain the image in use as the infringement has already occured.
8. The customer shall immediately inform Dinnages in writing of any known future misuse of, or reuse of any known third party.
9. The customer will return immediately to Dinnages any damaged image or any lost printed image which is subsequently found.
10. Any image that has been supplied by electronic means via any online or CD services and stored on any electrical or magnetic storage device or by any other means shall, at any specified date, be destroyed or deleted from any computer and or other device in the customers possession and such destruction and or deletion shall be certified in writing to Dinnages by the customer.
11. The customer may only reproduce the images;
--(1) With the full written consent of Dinnages prior to publication and only after any agreed reproduction fee has been paid.
--(2) Details will be required as to where the images will be used, and comply with the licence given.
12. Possession of images in printed form or electronic means through internet browsing, does not constitute our consent for further reproduction. The user must notify Dinnages of the intended use of the image/s prior to publication. Dinnages may at its absolute discretion, without any assumption, then grant consent to the reproduction by letter or by invoicing the appropriate reproduction fee and such consent shall be subject to any terms expressed in the invoice following all the terms and conditions of Dinnages at the time of the agreement.
--(1) Until Dinnages has agreed in writing, and the invoiced reproduction fee has been paid, neither party is committed to grant or to acquire any reproduction rights in any image. After a reproduction fee has been agreed, invoiced and paid in full, then there is a firm and binding contract whereby Dinnages is committed to grant the reproduction rights and the customer to acquire them.
--(2) The customers right to reproduce any image arises only when Dinnages invoice relating to the grant of such reproduction right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Dinnages to rescind the Agreement and rendering the customer liable for the payment of the unauthorised fee and images musr then be withdrawn.
--(3) The customer agrees to indemnify Dinnages in respect of any claims or damages or any loss or costs arising in any manner from the reproduction rights of any image supplied to the customer by Dinnages. This also includes the case where, if any third party reproduces any image loaned to the customer, the customer shall without prejudice, pay Dinnages all the fees which that third party would be liable to pay Dinnages had the third party purchased and reproduced the image pursuant to these terms.
14. Unless otherwise agreed in writing by the parties, the reproduction rights for the images granted by Dinnages shall;
--(1) Not be exclusive to that customer.
--(2) Be personal to and exercisable only be the customer and shall not be re-assigned, nor may any image submitted to the customer be loaned or transferred to third parties save for the purpose of the exercise by the customer in order to create such reproduction rights.
--(3) Be limited to the precise use, period of time and territory specified on Dinnages invoice and relate to a single publication in a single size with agreed credit in one language only, unless otherwise agreed in writing.
--(1) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
--(2) The customer shall pay all invoices within 30 days maximum of issue before such use of the image is made, 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.
--(3) If payment is not made in accordance with the above, then Dinnages may rescind this Agreement and recover damages, or charge interest on the overdue amount at the current compound reference rate on the outstanding balance.
--(4) Dinnages can terminate this Agreement by giving written notice to the customer if:
----(a) the customer is in breach of any term of this Agreement.
----(b) the customer becomes insolvent.
----(c) an administrative receiver or a receiver is appointed or a resolution is passed to wind up the customer.
----(d) the customer ceases to trade.
If this Agreement is treated as terminated by Dinnages, the customer shall immediately return to Dinnages all images which the customer may have in its possession or under its control. Any electronic images provided to the customer via online services and/or stored on CD or by any other means, shall be destroyed or deleted from any computer or any other device in the customers possession or control and such destruction and or deletion shall be certified in writing to Dinnages by the customer.
16. Dinnages does not warrant the accuracy of any description of images and the identification of persons appearing in them being these details are the best endeavours for accuracy, and therefore the customer;
--(1) shall report any discrepancies to Dinnages immediately on their discovery.
--(2) Acknowledges that Dinnages shall not be liable to the customer for any inaccuracies.
--(3) Shall indemnify Dinnages against any claim, loss or damage arising directly from the customers use of the images.
17. The customer acknowledges and accepts that because of the age and origin of some the images and the images contained therein, Dinnages gives no warranty or rights to the customer as to;
--(1) the existence or validity in respect of any image.
--(2) the use of names, people, trade mark, registered or copyright design or works of art shown in any image or image being that these were incidental in the creation of.
--(3) Moral rights (as set out in chapter IV of the Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010). relating to the use of images.
The customer shall obtain all necessary releases, rights or consents for all uses and shall indemnify Dinnages against any loss or claims arising from the use of the images by the customer or any third party without effective release, rights or consents or arising from any infringement of moral rights relating to use of the images.
18. All reproduction of images shall be credited to Dinnages and, where requested by Dinnages, the name of the original photographer as in [photographer/Dinnages].
Should any image from our library become reproduced by any company, by means of hard copy or electronic means, and/or omits the credit line specified by an authorised person at Dinnages, the reproduction fee payable by the user shall be subject to an increase of 50%.
19. The right to a credit is asserted in accordance with Sections 77 and 78 of the Copyright, Designs and Patents Act 1988 (Amendment) Regulations 2010.
Users shall supply before final reproduction, a verification photocopy, sample or description of the product which will bear the intended reproduction to enable the final sanction of its approved use.
20. No change, addition, deletion, as any alteration to or adaptation of our library images may be made. Views must be used as supplied and agreed, except for a suitable and pre-agreed size conversion for printed material. Images used on electronic media must not be used above the stated sizes.
21. Failure by the Dinnages Library to exercise or enforce any rights under these terms and conditions shall not be deemed to be a waiver of any such right, neither operate so as to exclude the exercise or enforcement of any such rights at any future date.
22. Notices will be sent to the recient found responsible for checking the copyright liability, such as but not limited to, the publishers address, a registered address of a business, email address noted on the web pages of the site used, or via any whois or host providers records. Any notice under these terms and conditions shall be deemed to have been duly given, delivered by hand or sent by prepaid first class post to the party concerned at that last known address, or by facsimile/email transmission and shall be deemed to have been received by the addressee within 48 hours of posting or 24 hours if sent by facsimile/email transmission to that known contact detail of the addressee.
This and any other agreement entered into shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the courts of England.
Copyright Notice © Dinnages 2000-2012