Terms and Conditions
March 25th, 2010 by daulex
Submission of images for examination or use is conditioned upon the recipient agreeing to all the terms herein:
Terms relative to submission
Images may not be used in any way, including layouts, sketches, xerography or scanning until submission of and payment of an invoice indicating Recipients right to do same, or indicating the purchase of the image(s) outright, which shall be only on the terms of use hereinafter specified.
Projection of any transparency is not permitted. You may not archive, republish, or transmit images on any database without dmb media’s prior written consent.
Terms as to use
Unless otherwise specifically stated, images remain the property of dmb media or the particular contributor. dmb media represents that it has the right to grant the license on behalf of the contributor. Upon submission of and payment of an invoice by dmb media a license is only granted to use the images for the use specified on the invoice and for no other purpose, unless such images are purchased outright. Recipient does not acquire any right, title or interest in or to any image, including, without limitation any electronic reproduction or promotional rights and will not make, authorise or permit any use of the particular image(s), plate(s) or digital files made there from other than as specified herein. The image(s) shall be faithfully reproduced and, unless dmb media gives its express written consent in advance, shall not be cropped, colourised, solarised, overlaid with text, or otherwise altered in any way (except as to overall size). Full credit and copyright information must remain with the image.
If recipient desires to re-use an image or extend previous usage, then recipient must request and pay for additional rights prior to publication in any domain. You agree not to make, authorise or permit any use of an image or its derivative (use of an image as a source to create another image) except as authorised by the invoice. In the event you use an image for any use other that that indicated on the invoice, including but not limited to the number of uses, the publication using, or the size of the reproduction, dmb media agrees to fore go its right to sue fir copyright infringement and breach of contract if you pay, as liquidated damages, a sum equal to ten (10) days of us invoicing such fee. This not a penalty but an fair use charge. If you fail to make such payment in ten (10) days, we shall have the right to sue for copyright infringement and breach of contract. No model releases or other releases exist on any images unless dmb media specifies the existence of such releases in writing. Recipient shall indemnify dmb media against all claims arising out of the use of any images where the existence of such release has not been specified in writing by dmb media. In any event, the limit of liability of dmb media shall be the sum paid to it per the invoice for the use of the particular image involved. User will hold dmb media harmless from all claims for the use of the images, including defamatory use, dmb media gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any image, and the client must satisfy himself/herself that necessary rights, consents or permissions as may be required for reproduction are secured.
Digital files are provided “as is” and unless agreed before hand, will always be in RGB format, dmb media makes no representation or warranty, either express or implied, including but not limited to any implied warranties of merchantability, fitness for any purpose, non infringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program.
This agreement is not assignable or transferable on the part of the recipient.
The contract contains all the terms of the agreement between dmb media and recipient concerning delivery and review of images, and no terms and conditions may be added or deleted unless made in writing and signed by both dmb media and recipient. These terms and the terms of any subsequent invoice supersede any and all terms of the clients purchase order. Any subsequent invoice dmb media may issue may contain additional terms relating to the rights granted and the type of use allowed. No rights are granted until payment is made to dmb media even thought recipient has received an invoice.
Payment herein is to be net thirty (30) days. A service charge of two (2%) percent per month on any balance will be charged thereafter. Any claims for adjustment or rejection of terms must be made to dmb media within ten (10) days after receipt of invoice. Recipient will provide dmb media with two (2) copies of published material free of charge upon printing.
Rights are being reserved to recipient when an invoice is created. If recipient cancel an order within ten (10) days after the invoice is issued dmb media will refund 25% of the agreed fee. After ten (10) days no refund shall be made and recipient is responsible for full payment of the invoice.
Images used editorially should bear a credit line in the form “(name of photographer or creator of the artwork)/dmb media”. dmb media reserves the right to charge a treble fee for use without a credit. Recipient must register copyright in their name to afford protection to the image. Such copyright shall be immediately reassigned upon request, without charge.
All rights not specifically granted herein to recipient are reserved for dmb media’s use and disposition without any limitations whatsoever.
Objection to any of these terms must be made in writing within 10 (ten) days.
Limitation of Liability
Under no circumstances will dmb media or the owner of the image be liable for direct, incidental, consequential, indirect or punitive damages as a result of the use of the images. In any event, the limit of liability of the copyright owner of the image and dmb media shall be the fee paid for the artwork to dmb media.
You agree to indemnify and hold dmb media, its officers, director, employees and the copyright holder, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from the use of any image or any breach of this agreement.
Disputes or claims arising out of submission and/or use Any and all disputes with the exception of copyright claims, arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, performance and breach hereof, shall be settled by arbitration in the London (UK) pursuant to the rules of the UK Arbitration association. Judgement upon the award rendered may be entered in the highest court of the forum,. This agreement, its validity and effect, shall be interpreted under and governed by UK law, if you are an agent for or an employee of a non UK company but operates in a place of business in the UK or its territories, you expressly agree that any dispute regarding this contract shall be adjudicated within the UK in the manner described here.
Copyright claims shall be brought in the UK court having jurisdiction.
If dmb media is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by recipient or user herein.
Expenses Management
If desired, you (the client) may elect to have shooting both Photographic and moving image based expenses administered by dmb media. If you make such election, the following terms apply:
The client shall advance to dmb media in one or ore lump sum payments, the funds necessary to cover all expenses specified in the estimate, and dmb media shall disburse such funds to pay each such expense as it falls due.
dmb media shall be authorized to pay all expenses in the approved estimate without the clients specific approval, but shall obtain such approval before paying any expense not specified in the agreed shoot estimate. dmb media shall not be required to pay any expense unless and until the client provides the necessary fund, and shall have no personal responsibility or liability for any cost or expense, other than to disburse the funds provided by the client, pursuant to the agreed shoot estimate. The client shall indemnify dmb media against any costs (including reasonable lawyer’s fees) arising in connection with any claim asserted against dmb media by nay vendor or supplier as the result of the client’s failure to provide required funds. dmb media shall provide the client with receipts (or other acceptable written substantiation) for all disbursements made by dmb media on the clients behalf in consideration of its services at the clients request.
dmb media shall charge processing fees to the client at the following rates:
Under £2,500 None
£2,500-£10,000 – £250
£10,000-£24,999 – £500
£25,000-£49,000 – £1000
£50,000-£99,000 – £1500
£100,000 0r more – £2000