terms and conditions
1. Definitions
'material' means any Content image, text or caption in any format.
'image' means any Content picture in any physical or electronic format.
'feature story' is a set or collection of Content images with or without accompanying text.
'user' and 'you' means the person or entity who is negotiating or has negotiated a licence to reproduce Content material.
'reproduction' or 'to reproduce' means the publication, copying, dissemination or use of any Content material.
2. By purchasing images or feature stories a user will be deemed to have accepted these terms and conditions.
3. The licence or reproduction right purchased by the user in an image or feature story is for a single use in a single media format in the specified market or territory and/or for a limited period of time only unless otherwise agreed to by Content as outlined in the delivery note/email. Rights to store, transmit or to reproduce an image or feature in any subsequent or additional form must be negotiated separately.
4. The reproduction of any part of any image is forbidden without Content's specific written consent.
5. Images or features must be used how and when you originally specify you intend to use them. If this varies a new licence or reproduction right will have to be negotiated with Content.
6. Payment for an image or feature story is due upon delivery of said material and payment by the user must be received immediately unless otherwise agreed in advance with Content. Until payment is received the negotiated licence or reproduction right does not take effect.
7. Users own an exclusive right to reproduce an image or feature story in the specified territory set out in the delivery note/email for period of 90 days from date of delivery of the material unless otherwise agreed to in writing by Content. If the image or feature story appears earlier or later than any specified publication date, the user's exclusive right in the purchased image or feature still ends 90 days after the delivery date.
8. The following photo credit MUST appear adjacent to the material:
photographer's name/CONTENT
or an additional charge of 50 per cent of the original fee may be levied.
9. Users must provide Content with one complimentary copy or a PDF of the image or feature once it appears.
10. Users agree to destroy all digital images or any copies of the original images upon the expiration of the licence agreement. In the ensuing time content images must be stored by the user with clear labelling of Content's copyright and credit information.
11. Users must satisfy themselves that all necessary model releases, rights or consents which may be required for reproduction have been obtained. Content makes no warranty or claim with regard to the use of names, people, trademarks or copyright material depicted in any image or feature story.
12. While Content takes all reasonable care in the performance of this agreement, Content shall not be liable for any loss or damage suffered by the user or by any third party arising from the use or reproduction of an image, text or caption. Damage for any other breach shall be limited to the license fee paid by the user.
