Terms and Conditions for Image Licenses. David Forster/Bluestone Images
1. For clarification ‘image’ means any item supplied by us either electronically or digitally and also includes transparencies, negatives and printed media.
2. “We” or “Us” means Bluestone Images/David Forster. “You” means an individual person, company, organisation, or other entity that is named as the ‘client’.
3. A “single use” means a single reproduction in a single size for one edition of a single publication for an agreed territory.
4. “Royalty-free" means that the image may be used by you for multiple purposes. You may not however resell, redistribute, or grant reproduction rights to others.
5. “Exclusive use” means that you will have exclusive use of an image for an agreed length of time in an agreed territory. Exclusive use will not be granted without written permission.
6. “Non Exclusive use” means that a license to reproduce the image may be granted to others as well.
7. All images shall remain Copyright of David Forster and you are strictly forbidden to sell, distribute, reproduce, or offer permission to reproduce, any images supplied by us and for which David Forster holds the copyright.
8. Any breach of Copyright or the Licence agreement will be treated seriously and we reserve the right to recover damages and costs.
9. Reproduction Rights will not be granted without a signed agreement, or in the case of an electronic order, a written confirmation from us to use the image/s. The delivery of images does not imply permission to reproduce/publish them without agreement.
10. All Invoices unless agreed otherwise in writing, must be paid in full within a 30- day credit period and we reserve the right to add an additional percentage fee under The Late Payment of Commercial Debts (Interest) Act 1998 beyond this period.
11. We reserve the right to withdraw permission to use our images where payment in full is not made within the timescale laid out in 10 above.
12. You must delete or return all digital images within 90 days of publication, or any other time which must be agreed in writing. You may not store any images either, electronically, digitally, or by any other means after 90 days, unless agreed in writing.
13. Where transparencies have been supplied these must be returned within 60 days. We reserve the right to charge for images not returned at our standard rates (£2.00 per day). Where transparencies are lost or damaged, a charge of £300.00 may at our discretion be levied per image.
14. You must credit each image © David Forster/www.bluestoneimages.com unless agreed otherwise in writing.
15. You must not make copies of images other than to use as a part of the normal process of preparation, development and pre-production planning. All copies/file names must contain copyright information © David Forster.
16. Unauthorised Use - We reserve the right to add a minimum premium of 300% to our standard charges for any image used without consent.
17. Prior to using any images provided by us, you must satisfy yourselves that all rights, model and property releases, as well as any other consents that are required for legal reproduction are available.
18. We make no claims or warranties that any images supplied by us are free from trademarks, advertising, or any other copyrighted material that may be depicted within an image. This includes but is not limited to people, places, products, companies and organisations. You must therefore indemnify us in respect of any claims, damages or costs.
19. While we endeavour to caption, key word and describe our images as accurately as possible, we cannot completely guarantee accuracy. You must therefore satisfy yourself that any image supplied by us is captioned and described correctly prior to reproduction.
20. You must not use any images in an obscene, libellous, defamatory, or unlawful way. You must also satisfy yourselves that images supplied by us are free of obscene, libellous, defamatory, or unlawful depictions.
21. We shall not be liable for any loss or damage suffered by you, or by any third party that arises from use or reproduction of images supplied by us. Damages for any other breach shall be limited to the license fee paid by you. Any payment by us does not constitute an admission of blame or liability.
22. Failure to enforce these terms and conditions, or indeed our rights in general, shall not be deemed to be a waiver of these rights. We may at any future date exercise these rights. These terms and conditions shall be governed by the Laws of the United Kingdom, save for Copyright which is governed by the United Kingdom’s Copyright, Designs and Patent act 1988, as well as other international copyright laws and subsequent agreements.