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Please find listed below the terms and conditions for Richard Lane Photography.
Terms & Conditions
Introduction
1 These Terms set out the terms and conditions which apply between you, the prospective registrant (to be referred, to in these Terms, as "you" or the "Registrant") and Sportsbeat Images, a Limited Company trading on this website as richardlanephotography.co.uk (and referred, to in these Terms, as "we", "us" or "Richard Lane Photography").
Unless otherwise agreed in writing by Richard Lane Photography, these Terms shall apply in full.
We may modify these Terms from time to time without notice to you. You should check these Terms each time you login on the Website as the then current Terms shall apply to any use you make of the Website on that occasion.
What you may do with photographs on this Website:
2 Except as set out in the paragraphs 3 and 4 below, you may download, store and use any photograph on this Website as follows:
You may use any photograph in its original and complete form as provided by us in your newspaper, journal, magazine or other literature or work in its original and complete form providing such publication is of a reputable nature and published in accordance with all applicable laws and regulations.
You may make minor adjustments to the photographs for the purposes of "touching-up" ready for publication or if required to accommodate other publication needs such as limited space or to remove insignificant features. However all such adjustments must be made in good faith and must not, in any manner, distort the quality, overall composition, record of events or impression of the photograph.
All photographs must be accompanied by a mandatory by-line in the following form: Sportsbeat Images/sportsbeatimages.com eg. Richard Lane/sportsbeatimages.com This applies both to photographs when they are published and to photographs while being stored, whether in hard copy or on any disk or computer memory.
3 You may not:
provide or give access to any of the photographs to any other person for their commercial use;
except as set out in paragraph 2(b) and 4, modify, edit or use the photographs or combine them with any other text, graphic or other work or associate the photographs with any materials which may be deemed defamatory, libellous, pornographic or obscene or in any unlawful work or in any unlawful manner.
Extra conditions which apply in relation to certain photographs including those taken or relating to the English Premier League (soccer) or the Nationwide Football League and FIA motorsports.
4 Photographs to which this paragraph applies will be identified on the Website. These photographs may only be reproduced in accordance with the terms of a specific licensing agreement under which the photographs were taken by Sportsbeat Images or any of its photographers. You must, therefore, comply with the following:
You may alter the photographs using:
the exercise known generally in the photographs industry as flipping;
the exercise known generally in the photographic industry as "cropping" provided that the same is performed in good faith and not so as to distort the meaning or the circumstances depicted in the photograph;
manipulation which is evidently (and which could not reasonably be considered other than) fun harmless and an editorial means of telling a story;
standard computerised "enhancement" in the form of minor alterations to remove a disfigurement such as flapping shirt coming into edge of frame; or
computer-generated composite players - accompanied where necessary by suitable "health warnings" to assist any reader or viewer of the picture in identifying the image clearly as artificial; You may also alter the photographs by presenting a player as employed by another club than the club to which he is registered at the time of publication but only in order to anticipate the post-transfer photocall in circumstances where the transfer of that player's registration has been officially announced or confirmed by the transferee club.
However and for the avoidance of doubt you may not alter photograph by:
the removal of sponsors' logos or other brand imagery from any material depicted in the photograph; or
presenting a player in the shirt or other garment or bearing the logo of a club other than the club to which he is registered at the time of publication or having first removed the shirt or other garment or logo of the club to which he is registered at the time of publication.
If you wish to use or reproduce the photographs for any other purpose or in any other manner whatsoever, you may only do so with prior written consent obtained from Sportsbeat Images and the relevant governing body.
Copyright and Licence
5 Copyright in the photographs belongs to Sportsbeat Images Ltd. Your licence to download, store or use the photographs in any manner whatsoever is subject to you complying with all these Terms. You may not assign, sub-licence, sub-contract or otherwise transfer or deal in any of the rights granted by the Terms.
Any licence granted to you under these Terms is non-exclusive and we may use and we may licence others to use the photographs in any manner whatsoever.
Provision of copy and details of use
6 On each occasion that you use any photographs obtained from this website, you shall provide to us, at your cost within 30 days of such publication or reproduction a copy of the reproduction or publication in the form that it has been so published or reproduced and an explanation as to how it has been used and you hereby consent to us using such copy for the purposes of publicising this Website or any other business of Sportsbeat Images.
Payment
7 In consideration of us granting you the rights set out in these Terms, you agree to pay us as follows:
we shall invoice you in respect of any use you make of the photograph and you shall pay us in full the sum set out in the invoice within [30] days of receipt of such invoice. We will charge interest of [4%] above the base rate of Lloyds TSB on invoices not paid by the due date
the sum which we shall invoice you shall be the sum that you and we agree.
In the event that you and we are unable to agree a sum within [7] days of us contacting you in relation to payment for your use of the relevant photograph(s), the rates that shall apply shall be calculated in accordance with our standard charging rates.
In the absence of an applicable standard charging rate for the relevant use of the relevant photograph, you and we agree to refer the matter to the [British Association of Photographers - (BAP's)], for determination in accordance with BAP's guidance rates.
Charges quoted and invoiced shall be exclusive of VAT which shall be payable in addition to such charges.
We reserve the right to charge and invoice you for usage of any photographs at any time. Failure to invoice you for such use within any set time period shall not be construed as a waiver of our right to charge for such usage.
Termination of Registration
8 We may terminate your registration to this Website for any reason, at any time and without notice to you.
You may terminate your registration for any reason at any time by sending us an email to registration@sbimages.co.uk. At the time of termination, password access will be denied.
Termination of your registration shall not affect your obligations in respect of any photographs downloaded or provided to you while you were a registered user of the Website. For the avoidance of doubt, without limitation we shall continue to be entitled to charge you for use of our photographs, you must continue to provide us with copy (and details) of such use and you will be subject to all restrictions and conditions in relation to these photographs set out in these Terms.
Liability
9 Photographs are available and provided on the Website "as is". We provide no warranty that the photograph nor the materials media or method by which they are provided shall be free from defects, bugs, viruses or otherwise. We warrant that we have the right to grant to you the rights to use the photographs as set out in these Terms.
Such warranty shall be in lieu of all other warranties and conditions whether express or implied by statute or otherwise, including, without limitation, all those in relation to quality and/or fitness for purpose of the photograph, all of which are hereby excluded.
However, we do not exclude any liability for death or personal injury caused by our negligence. We shall in no event be liable for any loss of profit, loss of goodwillor loss of anticipated savings or for any indirect or consequential loss or damage whether in contract or tort (including negligence) or otherwise howsoever and whether or not foreseeable or notified to us. Our maximum liability for all loss or damage, whether in contract, tort (including negligence) or otherwise howsoever shall be a refund of any charges paid by you to us in respect of the photograph which is the subject matter of the relevant claim.
Indemnity
10 You agree to indemnify us and keep us indemnified in respect of any claims, losses, actions, damages, liabilities, demands or expenses arising out of or in connection with your usage of a photograph in connection with any defamatory, obscene, pornographic or unlawful material or any adaption or modification or otherwise of the photograph in such a manner as to give rise to a claim of infringement of any intellectual property rights of any third party.
General
11 Should any provision of these Terms become void or otherwise unenforceable for any reason the validity of the remaining provision shall not be affected thereby.
Any failure of us to enforce these Terms shall not thereby be construed as a waiver of any breach by you of these Terms.
These Terms shall be governed and construed in accordance with English law and you and we hereby submit to the non-exclusive jurisdiction of the English courts.
Richard Lane Photography is registered in England: 03932167
Registered Office: Mercury House, 19-21 Chapel Street, Marlow, Bucks. SL7 3HN.
VAT reg: 751 7647 12
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