Terms and conditions
All the images on this site are the copyright of the
individual
photographer and must not be used for any purpose unless a License to
Use is purchased. The images are watermarked both visibly and invisibly
to allow us to track their usage and to prevent infringement of
copyright. Loop take copyright seriously and will prosecute any
unauthorised use of our images.
Below are our Terms and Conditions. These are the standard Terms and
Conditions used by the majority of Picture Libraries in the UK.
Terms and conditions of submission and reproduction of images
Please read these Terms and Conditions carefully and
thoroughly and
contact Loop Images if you do not understand or accept this Agreement.
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 photographs, transparencies, negatives, artwork,
painting, montage, drawing or engravings, including Digital Images.
"Reproduction" includes any form of publication or copying of the whole
or part of the Image, altered or not, whether by printing, photography,
slide projection, xerography, artist's illustration, layout or
presentation, electronic or mechanical reproduction or storage by any
means whether now known or subsequently invented.
Licence for Use of Images
1) 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.
2) 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.
3) 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.
4) Whilst Loop Images makes efforts to use accurate caption
information, we do not warrant that caption information is accurate.
5) 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 and invoice,
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.
6) 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.
7) 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.
8) Images shall not be altered or manipulated, added to, or have any
part deleted without our prior written consent.
9) You must provide us on publication with at least one complimentary
copy of any publication in which the reproduction of the Image appears.
Digital Use of Images
10) You acknowledge that Images are our valuable property,
including Digital Images.
11) 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:
12) 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.
13) Unless otherwise agreed, any Digital Image you create must not be
greater in size than 640x480 pixels, 72ppi. 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.
Use of website www.loopimages.com
14) You may save/download low-resolution "watermarked" Images
from
the website for evaluation and comp/layout purposes only. You may not
use watermarked images in any final products for distribution in
printed or electronic form. You may not modify or remove any visible or
invisible electronic watermark.
15) Whilst we make all reasonable attempts to exclude viruses from the
website, we cannot ensure such exclusion and no liability is accepted
for viruses. Thus, you are recommended to take all appropriate
safeguards before downloading information or images from the website.
Miscellaneous
16) 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.
17) 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.
18) 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.
19) 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.
20) 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.
21) 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.
22) 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.
23) 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. However if our business address specified overleaf is
in Scotland then these terms and conditions shall be governed by the
laws of Scotland and the parties agree to submit to the jurisdiction of
the Scottish courts, such jurisdiction to be exclusive, save for
infringement of copyright or non payment of our invoices where it will
be non-exclusive.
Derived from standard terms and conditions of submission and
reproduction of images, Copyright 2001 British Photographers' Liaison
Committee/Finers Stephens Innocent As agreed by BAPLA, AOP, NUJ, MPA
and the BFP.