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| We want you to love our pictures and to use them as you require. Unfortunately, this is the boring bit that enables us to let you do that! | |||||
| Terms & Conditions of Sale | |||||
| 1. | (a) | 'Picture' and/or 'image'
and/or 'photograph' refers to a digital photograph, offered
for the purpose of reproduction.
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| (b) | 'Reproduction' includes use
in the form of publication, web-based or other electronic use or copying
of the whole or part of any picture and whether or not altered whether
by printing, photography, slide projection (whether or not to an audience)
xerography, artists' reference, artists' illustration, layout or presentation,
electronic or mechanical reproduction or storage by any other means.
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| 2. | All site content and images, and the
copyright on these, are the property of Alexander Lilley and Eirian
Parker, and remain so once supplied under agreement. Any image files
or CD's supplied are intended solely for the use of the licensee and
must not be copied, redistributed, resold or shared with third parties.
We may request that you return to us any CD's we have supplied once
the agreement has lapsed.
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| 3. | Image credits should
be noted when used in printed or electronic and web-based materials,
in the format: © www.redwax.co.uk
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| 4. | Under UK and
US copyright law, the creator of the original work also owns the
copyright to all works derived from the original. Therefore, if
all or part of your work is seen as having been derived from the
original image(s), you do not own the copyright to the derivative
work.
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| 5. | All pictures will
be supplied in jpeg format, unless specifically stated otherwise.
File size and image resolution will be as stated on the individual
EXIF image information available on line in the information panel
for each image. Please contact us if you are unsure.
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| 6. | Images will normally
be supplied via email. We can also supply images on CD, which will
incurr an additional charge as stated. We aim to supply images via
email and to despatch CD's within 24 hours of receiving the order
and payment. However, at weekends this may take a little longer.
If you request your image(s) on CD please provide a correct postal
address in the 'notes to seller' box when making payment.
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| 7. | You may NOT: |
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a. Re-license, lease, sub-licence or sell any image purchased or otherwise, from this website. b. Transfer or assign rights to an image without written permission. c. Claim ownership of any Derivative Work (see point 4 above) without our written consent. d. Make any image available on-line for re-sale to any third party. (i.e. via an ftp site or web site) e. Distribute any image electronically other than as necessary in the standard working practise required for implementing images within your work. f. Use any image or part thereof on any printed material available for commercial or retail sale. This includes, but is not limited to, greetings cards, calendars, postcards, stationery, posters, T-shirts, mats etc.
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| 8. | Reproduction Rights are strictly intended for the use and time period as specified at the time of ordering only and should not be used in any other application unless by prior agreement.
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| 9. | Reproduction Rights
are not granted exclusively to the Client unless specifically agreed
and stated.
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| 10. | Each licence is applicable to one single
user. Therefore, if you are entering an agreement on behalf of a client
to use the image commercially, and wish to do so for multiple clients,
companies or individuals, you must purchase licences for each case.
You may however use the same image in different publications, or on
web sites, and in different applications providing that this is clearly
for the same company, individual or organisation. You also agree to
communicate these terms and conditions to your client.
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| 11. | We reserve the right to remove or alter
any image for sale on this website or to choose not to supply an image
or agreement on any image for any reason. In any case where we are
unable to supply the image and/or agreement as selected a full refund
of any licence fee paid will be made.
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| 12. | If, following ordering
and payment online, you subsequently wish to cancel your order for
any image please contact us by email IMMEDIATELY to inform us. We
can only provide a refund on anything ordered in error BEFORE the
image file has been supplied, and we endeavor to email or despatch
CD copies within 24 hours.
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| 13. | It is the responsibility of the Licensee
to endeavor to protect the copyright of the image(s) where used through
reasonable means. This includes ensuring image credits are used as
in point 3 above, as well as means to limit the ability to download
any images used in electronic and web-based media.
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| 14. | No variation of terms and conditions
set out herein shall be effective unless agreed in writing by both
parties.
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| 15. | We will not be liable for any damages
of any kind arising from the use of images or this website or its
unavailability, including, but not limited to lost profits and direct,
indirect, incidental, punitive and consequential damages. We use reasonable
efforts to ensure the accuracy, correctness and reliability of the
content, but we make no representations or warranties as to the content's
accuracy, correctness or reliability.
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| 16. | We shall not be liable for supply of
any images, or part thereof, other than those specifically selected
and paid for through the procedures on this website, and subject to
the Terms & Conditions.
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| 17. | This agreement shall be subject to
and construed according to English law and the parties agree to accept
the exclusive jurisdiction of the courts of England or, for the exclusive
benefit of the plaintiff in the relevant proceedings, the courts of
the country of the principal place of business of the defendant in
the proceedings.
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| 18. | The Terms and Conditions, together
with the description of the licence type selected (which can be found
on this website) and any specified uses and restrictions on the invoice,
form the Licence Contract. Licensees shall be bound by the Licence
Contract.
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