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Terms and Conditions of submission and reproduction of Images by
Travel Pictures

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'We/Us' means Travel Pictures. 'You' means the person or entity allowed registered access to www.travel-pictures.co and the Images herein.

'Image' means any item which may be offered for the purposes of reproduction (including where appropriate a Digital Image).

These Terms and Conditions apply to all users of this site and those handling any Images obtained from this site and supersede any Terms and Conditions of purchase you may have.

No variation of these Terms or Conditions shall be effective unless agreed in writing.

    Supply of Images

  1. By registering and using a login and password to access and download Images on this site you are entering into a binding agreement between you and us. If you are a freelance researcher working on behalf of a publisher this agreement applies to you and your principal. If you do not wish to be bound by this agreement please email us to that effect within 24 hours and we shall delete your username and password so that you cannot access the database. Downloading of any material using your username and password will be deemed acceptance of these Terms and Conditions.

  2. All Images and information provided on this site are the property and copyright of Travel Pictures or our suppliers. The moral rights of Travel Pictures and all authors of the works represented on this site have been asserted.

  3. You may download/save 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 format either inside or outside your company without prior written permission from us. 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. If you wish to download unwatermarked layout and/or high resolution Images you must provide accurate information during our registration process. Your registration is personal to you and you are responsible for protecting the confidentiality of your Login and Password details. You may not allow others to use your login and password to access this site and you agree to take all reasonable steps to prevent unauthorised access. You will be held responsible for any charges arising from downloads of material from this site by third parties using your login details with or without your permission. Upon completion of our registration process you may use copies of the Images on this site subject to these Terms and Conditions. In downloading a high resolution Image you agree to be charged the appropriate licence fee for any use of that Image according to our Terms and Conditions.

  5. You must adhere to any stipulations or restrictions that may be attached to downloaded Images. These may include such warnings as 'Editorial Use Only'. In such a case the use of the Image for a non-Editorial purpose (eg. Advertising) is not permitted and by accepting our Terms and Conditions you undertake to indemnify us and our suppliers against any legal action or other costs which may result from such unauthorised use.
  6. License For Use of Images

  7. 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.

  8. No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. 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.

  9. 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.

  10. Reproduction rights (if granted), unless otherwise agreed in writing are:

    1. Subject to these Terms and Conditions;
    2. 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;
    3. Strictly limited to the use, period of time and territory stated in the licence,
    4. Personal to you and not assignable by you to any third party;

  11. 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 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;

  12. You must credit us and the author as specified by us every time an Image is used;

  13. Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent;

  14. You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears;

  15. We will only accept a request for the cancellation of a permission to reproduce if made within 7 working days from the date of the invoice. Any request for cancellation of permission to reproduce after 7 working days will have a 50% cancellation charge. Refunds may occasionally be offered at the discretion of the management.

  16. Retention of Images

  17. 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:

  18. 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;

  19. Unless otherwise agreed, any Digital Image you create must not be greater in size than 640x480 pixels, 72ppi.
  20. Miscellaneous

  21. 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.

  22. You must pay our invoice within 30 days of issue.

  23. 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.

  24. Any licence granted will terminate immediately if you:

    1. die
    2. enter into voluntary or compulsory liquidation;
    3. have a receiver appointed;
    4. 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.

  25. 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.

  26. 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.

  27. 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.

  28. These Terms and Conditions shall be subject to and construed according to the law of England and you agree to accept the ruling and jurisdiction of the courts of England. These Terms and Conditions supersede all other Terms and Conditions issued by us.

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