Aviation Images Ltd Terms & Conditions of Business & Copyright © Statement
© COPYRIGHT NOTICE © All Aviation Images Ltd images are protected under international copyright laws. All rights reserved and credits are required.
All photographs appearing on the Aviation Images Ltd website are “copyrighted” © with “all rights reserved” and are the exclusive property of Aviation Images Ltd and the photographers.
Photographs may not be reproduced, copied, stored, or manipulated in any form or by any means without the written permission of Aviation Images Ltd and the respective photographer. This includes use of any image as part of another photographic concept or illustration. No photograph or image or any part of this site is within the public domain with respect to copyright.
By registering with or using this website you agree to the above statement and our terms and conditions as stated here.
DELIVERY OF IMAGES
Delivery of Aviation Images Ltd copyrighted images does not constitute a right to use. You are responsible for the use or misuse of any images delivered to you or downloaded by you.
THESE IMAGES HAVE BEEN DELIVERED AT THE CLIENT’S REQUEST
1. Any client who has not previously dealt with Aviation Images Ltd on the terms and conditions set out, and who does not wish to accept such terms and conditions must not use the website or search services and must delete all images they have from Aviation Images Ltd immediately. The client shall be deemed to have accepted our terms and conditions if all the Images are not deleted within seven days of their receipt.
2. Any client who has previously dealt with Aviation Images Ltd on the terms and conditions set out, will be deemed to have accepted them by virtue of having made a subsequent request for Images or subsequent visit to the Aviation-Images.com website.
3. Details of Reproduction licences and Rights to store, transmit or reproduce these images in any electronic form must be agreed before any use is made of the Images.
TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF PICTURES
In order to use the aviation-images.com online picture library facilities you must agree to the following industry standard terms and conditions.
All digital pictures sent must be deleted after one month, unless permission has been granted by Aviation Images Ltd in writing - see below.
TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES
"We/Us" means Aviation Images Ltd t/a Aviation-Images.com
"You" means the person or entity named or registered as client, or using the Aviation Images Ltd facilities or services.
IMAGE means any item, or digital file, which may be offered by us for the purposes of reproduction.
You will be deemed to have accepted these terms and conditions unless you notify us to the contrary and delete all the Images received from us & notify us in writing within 7 days of receipt/download.
No variation of these terms or conditions shall be effective unless agreed in writing.
Supply Of Images
1) The Images are submitted on loan at your request, as samples for your approval only. Our delivery note lists the Images delivered to you, which shall be deemed to have been received complete and in good condition, unless we receive notification of any discrepancy or damage within 48 hours of receipt.
2) Images belong to us. They are your responsibility from the moment you receive them.
3) You acknowledge that all Images and digital files are our valuable property, as are any subsequent copies created from the Images ("Digital Images"). You agree to destroy all Digital Images including any pre-press or pre-production copies of the Images and any copies or records of the Images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, or expiry of the licence term, whichever is later, unless otherwise agreed with us in writing. You are responsible for the use or misuse of the images we supply to you.
Licence for Use of Images
4) The reproduction by whatever means of the whole or any part of any Image (in particular but without limitation, electronic use, storage or transmission, slide projection, artist’s reference, artist’s illustration, layout or presentation of Images) is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an Image is intended to be used. We will then consider whether we would wish to grant a licence and, if so, on what terms.
5) Any price quote or estimate given by us expires after 60 days from date of issue and must then be either reconfirmed or renegotiated before any licence is granted. All price quotes are given in GBP £ Sterling unless otherwise indicated.
6) No reproduction rights are granted by virtue of delivery of Images or the existance of an invoice or rights licence. Your right to reproduce an Image arises only if both (a) licence terms are agreed and (b) our invoice relating to the grant of such rights is fully paid within 30 days. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction without licence of any Image supplied to you.
7) You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained. We make no claim or warranty with regard to your use of names, people, trademarks or copyright material depicted in any Image.
8) Reproduction rights (if granted), unless otherwise agreed in writing are:
a) subject to these terms and conditions and any terms and conditions set out in the delivery note or on the website and licence,
b) non-exclusive reproduction rights for single use only in the United Kingdom. A single use means a reproduction in one size for one edition of a single publication, published in one language only,
c) strictly limited to the use, period of time and territory stated in the licence,
d) personal to you and not assignable by you to any third party.
9) If we agree that you may license the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by these terms and conditions, as well as licence terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author.
10) You must credit us and the author as specified by us every time an Image is used. If you fail to credit the Image an additional 50% of the original licence fee will be payable unless agreed in writing in advance. Aviation Images Ltd. asserts the right to a credit in accordance with sections 77 & 78 of the Copyright, Designs and Patents Act 1988.
11) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
12) You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
13) You may not alter or delete any IPTC information embedded in the Image.
14) While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. It is the Client’s responsibility to check the Image’s suitability for publication. Damages for any other breach shall be limited to the licence fee paid by you.
15) You must pay our invoice within 30 days of issue.
16) If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
17) Any licence granted will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed; or (c) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any image shall constitute an infringement of copyright.
18) Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any image shall vest in us and you hereby assign all such rights arising to us.
19) Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
20) Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the British Photographers’ Liaison Committee.
21) These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the non-exclusive jurisdiction of the English courts.
©2001 Copyright British Photographers’ Liaison Committee/ Finers Stephens Innocent
As agreed by BAPLA, AOP, NUJ, MPA and the BFP.
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