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Stockshot

Adventure sports photo library

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Copyright

The content of this web site is protected by copyright for the protection and preservation of intellectual property rights. StockShot will strenuously defend, in a court of law, any violation in the form of unauthorised downloading and/or use of images.

Terms and conditions of submission and reproduction of Images and/or Pictures.

Sales of images by Stockshot are subject to our terms and conditions. Any Client ordering images as shown on the StockShot website will be deemed to have read these Terms and Conditions and accepted to be bound by them.

1. Definitions

1.1 "Supplier" means StockShot.
1.2 "Client" means any person whether an individual, a firm, a corporate person or otherwise who makes a selection or purchase through the StockShot website.
1.3 "Image" includes all digital images, whether high or low resolution available by FTP, email or CD-ROM from StockShot and the Stockshot website;
1.4 "Picture" includes photographs, transparencies, negatives, or any other item that may be offered for the purposes of reproduction;
1.5 "Reproduction" includes any form of publication or copying of the whole or part of any Picture or Image, altered or not, whether by printing, photography, photocopying, video or film production (whether or not to an audience) slide projection, layout, presentation, artists reference, artist's layout, illustration or presentation xerography, electronic, digital or mechanical reproduction and whether incorporated in any other form of image, presentation or reproduction or storage by any other means;
1.6 "Image Licence" means in respect of a selected Image or Picture the licence for the use of that Image or Picture as licensed and agreed by StockShot;
1.7 "Permitted Use" means in respect of a Selected Image the categories and period of use requested from the Client which is then agreed by the Supplier.
1.8 "Selected Images" means the Image or images selected by the Client and included in a Purchase Order.
1.9 "Purchase Order" means the request by the Client to StockShot to supply Selected Images to the Client. This will have been deemed to have been made when StockShot receives a request confirmed in writing whether by email, fax or letter.
1.10 "Date for Return" means the date by which transparencies must be returned as specified on the delivery note or 4 weeks from date of the delivery note or if an invoice is rendered for reproduction rights, 12 weeks from the date of such an invoice.

2. Reproduction Rights

2.1 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.
2.2 Reproduction rights are not granted exclusively to the Client except when agreed with the Supplier and specified on the invoice.
2.3 Reproduction rights granted are personal to the Client and may not be assigned, nor may any Image or Picture submitted to the Client be loaned or transferred to third parties (including for the avoidance of doubt any parent or subsidiary company, firm or undertaking or any person connected or associated with the Client) save for the purpose of the exercise by the Client of such reproduction rights.
2.4 Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.

3. Images

3.1 Images and Pictures are supplied on loan and no property or copyright in any Pictures or Images shall pass to the Client whether on its submission or on the Supplier's grant of reproduction rights in respect thereof.
3.2 The Client may, subject to compliance with the permitted use of the selected image as agreed with the Supplier, crop, edit, change the colour and contrast and other aspects of the Image or Picture.
3.3 The Client may, subject to compliance with the permitted use of the selected image, as agreed with the Supplier, reproduce the image in altered or amended form, or in the form originally supplied by StockShot. The Client may not reproduce both the amended and altered Image and the original Image with or without text added to it in one language only, one time only and in one country only unless, specifically agreed in writing by the Supplier. 3.4 In the event that the client crops, edits, changes the colour and contrast and alters and amends any other aspect of the Image or Picture or whatever nature the Client will not acquire or assert any rights or interests in the form of copyright or otherwise in or over the selected Image.
3.5 The Client may not reproduce any selected Image or Picture, or part of any selected Image or Picture, as part of or in the context of any pornographic material or in any manner which might be reasonably construed as derogatory, defamatory, slanderous or libelous to any person depicted in the selected Image or Picture.

4. Delivery

4.1 The Suppliers delivery note will list all the Images or Pictures delivered to the Client, whether by CD ROM, Special Delivery, Courier, taxi, e-mail or by hand, which shall be presumed to be received in good condition, unless within 3 days of receipt the Supplier receives notification of any discrepancy or damage.
4.2 The Client must return every Picture to the Supplier by its date for return by any method affording proof of delivery and insured to the relevant level of compensation cover. Adequate protection must be given to Pictures in transit. A delivery note listing and totaling the returned Pictures must be enclosed, and an advice in writing with this same information sent by separate post or fax.
4.3 A non-refundable service fee to cover administrative costs and dispatch of Pictures is payable by the Client on each submission and resubmission of Pictures. This charge will not be levied where reproduction rights are granted.

5. Confirmation

5.1 The Client shall confirm in writing in the form of a Purchase Order details of the Selected Image or Picture required. The Purchase Order should include full details of proposed use including media type, print run, territory, time, quantity, whether composite or montage, whether exclusive or restricted rights are required, use in educational or Non Profit Publications, promotional use, or any other information relevant to use of the Selected Image.
5.2 StockShot will then confirm to the Client details of the Image Licence granted in respect of each Selected Image and this will include any specific terms agreed with the Client. This Image Licence will, together with these terms and conditions, be binding on the Client with effect from the date of which the purchase is made.
5.3 The Supplier will at the same time issue the Client with details of the reproduction fee for each Selected Image.

6. Reproduction Fees

6.1 Until the Supplier has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any Image or 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 cancellation fee.
6.2 The Client's right to reproduce an Image or Picture arises only when the Supplier's 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 and rendering the Client liable for the payment of damages.
6.3 The Client agrees to indemnify the Supplier in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any Image or Picture supplied to the Client by the Supplier.
6.4 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.

7. Risk - Transparencies

7.1 Risk in and responsibility for the Selected Pictures passes to the Client from the time they are received until their safe return. 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. If a Picture is not returned within 12 weeks of the date for return, the Supplier may in its sole discretion presume it to be lost.
7.2 The Client shall be liable to pay compensation of 500 to the Supplier in respect of each Picture lost or damaged. The loss or damage of colour or monotone prints or duplicate transparencies for which there are available originals shall also be the subject of compensation, but a different level. Payment of compensation does not give rise to any rights in any Picture. These figures have been assessed by the Supplier and are a genuine pre-estimate of the loss that would be suffered if such a Picture were to be lost or damaged. The Client is urged to take out insurance to cover the total value of the Pictures delivered.
7.3 A Picture subsequently found must be returned immediately. If it is undamaged the Client will be credited with the compensation paid less a rental fee from the date the compensation is claimed to the date the Picture is returned, such credit being at least 20% of the compensation paid.
7.4 Any Picture returned without its mount or with its caption or other mount data missing or defaced may incur a replacement charge.
7.5 If payment is not made in accordance with 6.4 above then the Supplier may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.

8. Publication

In the case of printed publications, one copy of the relevant pages containing any Images or Pictures supplied is to be furnished to the Supplier free of charge within two weeks. In the case of web site use the URL of the website must be given in writing. In other media evidence of use must be made available if requested.

9. Exclusions and Liability

9.1 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 Image or Picture or caption.
9.2 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 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 Image or Picture. In the event that the Image or Picture is used or reproduced by or with the authority of the Client then the Client shall indemnify the Supplier against any such loss, damage proceedings or cost where such rights, releases or consents have not been obtained.

10. General

No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties. This will include writing in the form of e-mail messages validly addressed and properly sent.