Terms and Conditions

Terms and Conditions

"We" and/or "Us" means Andy Easthope Photography "You" means the person or
entity named as client. No variation of these terms or conditions shall be
effective unless agreed in writing. "Image" means any item which may be
offered for the purposes of reproduction (including where appropriate a
Digital Image).

1) The following terms and conditions apply to all users of this site and
those handling any digital material obtained from this site which is:

www.andyeasthope-photography.com

2) All images and information provided on this web site are the property
and/or copyright of Andy Easthope Photography. The moral
rights of Andy Easthope Photography have been asserted.


3) You may save/download low-resolution "watermarked" images from this site
for evaluation and comp/layout purposes only. You may NOT use watermarked
images in any final products for distribution in printed or electronic form
either inside or outside your company. You may not modify or remove any
visible or invisible electronic watermark. You may not redistribute or
sublicense any image supplied by us or downloaded from this site.


4) Other web sites which you may access via links available on this site are
not in any way controlled or endorsed by Andy Easthope Photography, and we
are not responsible for any content of those sites.


5) The reproduction by whatever means of the whole or any part of any Image
(including, without limitation, 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.


6) No reproduction rights are granted by virtue of the download of Images
unless expressly agreed in advance. Your right to reproduce an Image arises
only if (a) licence terms are agreed and (b) our invoice relating to the
grant of such right is fully paid. 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 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 and that the
use of any image is not obscene, indecent, libellous or unlawful. We make no
claim or warranty with regard to your use of content, names, text, people,
trademarks or copyright material depicted in any Image and you will
indemnify us in respect of any claims, damages, costs or expenses we incur
arising from the use of any Image supplied to you.


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 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 licence 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 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.


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 acknowledge that Images are our valuable property, as are any
digital images created from the Images (" Digital Images").


14) You may not create, store or transmit Digital Images without our
permission except so far as is incidentally and wholly necessary to the
process of producing items licensed by us. If permission is granted the
following conditions apply:


15) Each Digital Image created by you shall be recorded and labelled with
the Image reference number used by us and our copyright credit information
as an integral part of the image file, and held on an electronic database
under your sole possession and control.


16) Unless otherwise agreed, any Digital Image you create must not be
greater in size than 640x480 pixels, 72 dpi. Any use of the Digital Images
shall be in a format designed so that it will not be possible to alter,
manipulate or adapt any Digital Image in any way during the normal course of
using the product.


17) 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.


18) 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. Damages
for any other breach shall be limited to the licence fee paid by you.


19) You must pay our invoice within 30 days of issue. However in the case of
newspaper, periodical and broadcasting use only, if we agree in advance, you
may pay by the end of the calendar month immediately following publication
or use, or within six months of the issue of our invoice, whichever is
sooner.


20) 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.


21) Any licence granted will terminate immediately if you (a) die, (b) enter
into voluntary or compulsory liquidation; (c) have a receiver appointed; or
(d) 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.


22) 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.


23) 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.


24) Should any disagreement arise between us, we shall, if we both agree,
first try to settle it by a mediation procedure recommended by the BPLC.

25) These Terms and Conditions shall be governed by the laws of England and
Wales and the parties agree to submit the jurisdiction of the English
courts, such jurisdiction to be exclusive, save for infringement of
copyright or non payment of our invoices where it will be non-exclusive.





All material copyright Andy Easthope Photography - please contact us if you
require more information.



C Andy Easthope Photography