Terms and Conditions of seeyourselfonline.com Ltd / SYO360.com / Stuart Williams (Photographer)
- DEFINITIONS
For the purpose of this agreement " Photographs " means all photographic material created by seeyourselfonline.com Ltd , SYO360.com whether transparencies, negatives, prints or any other type of physical or electronic material.
- COPYRIGHT
The entire copyright in the Photographs is retained by the seeyourselfonline.com Ltd / Stuart Williams at all times throughout the world.
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USE The License to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without the seeyourselfonline.com ltd / Stuart Williams’ express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the client is put into receivership or liquidation. The License only applies to the client and product as stated on the License to Use and its benefit shall not be assigned to any third party without seeyourselfonline.com ltd’s permission. In the event that ownership of the client is transferred to another legal entity the license will automatically be revoked and a new License to Use must be purchased. Accordingly, even where any form of 'all media' License is granted, seeyourselfonline.com ltd’s permission must be obtained before any use of the Photographs for other purposes e.g. use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs for purposes outside the terms of the License will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licenses in respect of the Photographs will be subject to these terms and conditions.
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EXCLUSIVITY
seeyourselfonline.com ltd does not give license exclusivity to client unless agreed upon in writing prior to commencement of work. The photographer retains the right to issue secondary licenses through sale of the photographs produced to 3rd parties. Also, seeyourselfonline.com ltd / Stuart Williams retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting their work. After any exclusivity period indicated in the License to Use seeyourselfonline.com ltd / Stuart Williams shall be entitled to use the Photographs for any purposes. Specifics of the license and exclusivity which are agreed with the client will be clearly stated on the invoice issued.
- CLIENT CONFIDENTIALITY
seeyourselfonline.com ltd / Stuart Williams will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photographs, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
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INDEMNITY The client agrees to indemnify seeyourselfonline.com ltd / Stuart Williams against all expenses, damages, claims and legal costs arising out of any failure by the client to obtain any clearances for which he/she was responsible in respect of third party copy right works , trade marks, designs or other intellectual property. seeyourselfonline.com ltd / Stuart Williams shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the client shall be responsible for obtaining such clearances and will indemnify seeyourselfonline.com ltd / Stuart Williams against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
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PAYMENT Payment by the client will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days seeyourselfonline.com ltd / Stuart Williams reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
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EXPENSES Where extra expenses or time are incurred by seeyourselfonline.com ltd / Stuart Williams as a result of alterations to the original brief by the client , or otherwise at their request, the client shall give approval to and be liable to pay such extra expenses or fees at seeyourselfonline.com ltd / Stuart Williams’ normal rate in addition to the expenses having been agreed or estimated.
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REJECTION Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
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CANCELLATION & POSTPONEMENT A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee for cancellation or postponement.
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RIGHT TO A CREDIT If written on the estimate/quotation and the invoice/license marked "Right to a Credit" has been stated, seeyourselfonline.com ltd / Stuart Williams’ name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). By stating this, seeyourselfonline.com ltd / Stuart Williams also asserts their statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
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ELECTRONIC STORAGE Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of seeyourselfonline.com ltd / Stuart Williams. Images cannot uploaded to photo libraries, file sharing sites or stored on 3rd party archives, databases or management software systems. Images can not be used for any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.
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APPLICABLE LAW This agreement shall be governed by the laws of England & Wales
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VARIATION These Terms and Conditions and associated License to Use shall not be varied except by agreement in writing.
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Data Mining You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to seeyourselfonline.com ltd / Stuart Williams or any services provided via, or in relation to, the Websites. This includes using (or permitting, authorising or attempting the use of): Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.