By using the English Riviera BID Company Ltd. Photo and Video Library, including its website www.rivieraphotos.co.uk, you agree to be bound by the following terms and conditions. This agreement applies to you and, if you are using the Photo and Video Library on your employer's behalf, to you and your employer. The English Riviera BID Company Ltd. reserves the right to alter and update this agreement at its discretion, without giving explicit notice. If you do not accept these terms, do not use any images provided by the Photo and Video Library or downloaded from the website. You will be deemed to have accepted these terms and conditions unless you notify us to the contrary.
No variation of these terms and conditions shall be effective unless agreed to in writing. These terms apply to all Photo and Video Library Content, whether supplied as digital files via our website or FTP, on CD or DVD or attachments via email.
"We/Us/Our", "ERBC" and/or "Photo and Video Library" is the English Riviera BID Company Ltd., 5 Vaughan Parade, Torquay, Devon, TQ2 5JG
"You" or "Licensee" is the person or entity named as the client.
"PVL" is the English Riviera BID Company Ltd. Photo and Video Library
"Website" is www.rivieraphotos.co.uk
"Image" means a photograph, transparency, digital image, negative, design, artwork, painting, engraving or any item which may be offered for the purposes of reproduction
"Video" means a film, movie, digital video, animation, design, which may be offered for the purposes of reproduction
1. Ownership: All images and information provided by the PL or downloaded from the website are the property and/or copyright of ERBC (unless stated otherwise). The moral rights of ERBC and its authors of works represented on this site have been asserted. No property, copyright or publication rights in any picture shall pass to the customer either on submission of the pictures to the customer or once we grant reproduction rights.
2a. Licence and Supply Fees: To request a price for your intended Photo or Video use outside of usage as defined by our current published licences, please email the Photo and Video Library. We shall then inform you of the relevant Licence Fee and any additional fees.
2b. Quotes are valid for 6 months: After this time please contact the Photo and Video Library for an updated quote.
3. Supply of images in digital format: Our images are digital files supplied in RGB colour space. You may not remove metadata from ERBC images or video. Hi-res images: we supply 300dpi jpegs as standard, directly from our website. We do not supply transparencies.
4. Retention of images: Storage, duplication and transmission in any form of any ERBC image is forbidden unless agreed otherwise by us. Short-term storage is permitted if essential during the production process but all such images (including copies or versions) must be destroyed at the end of the process.
5. Reproduction Rights: Reproduction rights are one-time, non-exclusive, apply to a single edition and subject to these terms and conditions, unless specifically agreed otherwise. Reproduction by whatever means of the whole, or any part of, any ERBC images is forbidden without our specific permission. Rights may not be assigned, nor may the image(s) submitted to you be loaned, supplied or transferred to third parties, without our written permission.
6.No reproduction rights are granted by virtue of delivery of images: Your right to reproduce an image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such rights is paid in full. 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 without licence of any image supplied to you.
7. Fee agreements: If you have a fee agreement with ERBC, this will be applied to your invoices. Fees for image use beyond the scope of a fee agreement must be negotiated specifically.
8. Picture credits: You must credit us each time an image is used, unless agreed otherwise. Our credit line is '© English Riviera BID Company Ltd., unless otherwise stated on the image. Where space is limited, abbreviations such as '© ERBC' are acceptable but must be agreed with us in writing. Image captions and image numbers should be included in picture credits whenever possible.
9. Image captions: ERBC uses all reasonable endeavours to provide accurate caption text information on its website. However, errors do occasionally occur and Licensee shall be responsible for verifying that the relevant caption accurately describes the image that it accompanies.
10. Consent: You must satisfy yourself that all necessary rights, model releases or consents, which may be required for reproduction, are obtained. We make no claim or warranty with regard to your use of names, people, trademarks or copyright material depicted in any image.
11. Image manipulation: Images may be cropped, positioned, enlarged or reduced but must not be changed or manipulated, nor the meaning of the original work distorted. Images must not be altered without our prior consent.
12. Artist's Reference: The ERBC does not permit replicas of any items in its library for commercial purposes unless a licence has been granted. Written permission must be obtained from us before use of our images for artist's reference (this includes requests from commercial model makers, set designers, sign painters and film/TV researchers).
13. Third party assignment: Pictures supplied to the customer and artwork, printing plates, digital files and film separations using the picture or any part of it shall not be lent, sold or otherwise circulated to a third party. Reproduction rights granted are personal to you and are not assignable by you to any third party. If we agree in writing that you may license use of any ERBC image to a third party, you will ensure by written agreement with the third party that they are restricted by licence terms forbidding the distribution, copying and further use of our image(s). You will also ensure the correct credit is given to ERBC by the third party.
14.Registered users of the website (definition: those who obtain a login and password) must provide accurate information during the registration process. Registered users are responsible for maintaining the confidentiality of their login and password access details. You may not allow others to use your access details and you are personally responsible for any misuse or charges arising from the use of your account by third parties using your login details, with or without your permission.
15. Voucher: The Client shall supply one copy of any publication, broadcast or electronic reproduction containing any Reproduction of any Image, free of charge within two weeks of creation. Evidence of print runs, transmissions and web access must be made available to ERBC on request.
16. Non-payment: You must pay our invoice within 30 days of issue, with the exception of newspapers, book publishers, periodicals and broadcasting clients where payment shall be made no later than 30 days after publication or use. If you do not pay in accordance with the above, we may 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. Any reproduction rights granted by us are automatically terminated if you are unable to pay your debts when due. Any licence granted will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed: or (c) 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.
17.Cancellation: If, after invoicing but before payment, the Client requests cancellation of the Licence, ERBC may at its discretion agree to cancel the Licence, subject to the Client paying a cancellation fee of 20% of the invoice total, with a minimum of £20 + VAT paid for all invoices to cover administration fees. Supply fees for images are non-refundable.
18. Overseas Customers: The ERBC is a UK-based organisation and all prices are in Pounds Sterling. If you are placing an order from overseas, your card issuer or transaction agency may convert the charged sum into your local currency. You accept that exchange rates vary constantly and that this may affect the final amount you pay in your local currency, or are quoted by our staff or on our website.
19. Termination: This agreement will terminate if you a) enter into voluntary or compulsory liquidation or insolvency, b) have a receiver appointed, c) fail to meet any of your obligations under the terms of this agreement and fail to remedy within 30 days of written notice.
20. Whilst 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.
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. These terms and conditions are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts.
23. Freedom of Information Act (FOIA): you are to note that the ERBC is subject to the FOIA and that all information from you, which you consider is confidential, will be subject to the ERBC's obligations under the Act. You have an obligation to release back to the ERBC information on the ERBC that is being held by you should that information be required by a requestor under the Freedom of Information Act.