Terms & Conditions
1. DEFINITIONS – For the purpose of this agreement “the Agency” and “the Advertiser” shall where the context so admits include their respective assignees, sub-licensees and successors in title. In cases where the Land Sea and Sky’s client is a direct client (i.e. with no agency or intermediary), all references in this agreement to both “the Agency” and “the Advertiser” shall be interpreted as references to the Land Sea and Sky’s client. “Photographs” means all photographic material furnished by Land Sea and Sky, whether transparencies, negatives, prints or any other type of physical or electronic material.
2. COPYRIGHT – The entire copyright on this website is retained by the land Sea and Sky at all times throughout the world.
3. OWNERSHIP OF MATERIALS – Title to all Photographs remains the property of the Land Sea and Sky. When the Licence to Use the material has expired the Photographs must be returned to Land Sea and Sky in good condition within 30 days.
4. USE – The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) without Land Sea and Sky’s express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated in the agreed brief and its benefit shall not be assigned to any third party without the strict permission of Land Sea and Sky. Accordingly, even where any form of ‘all media’ Licence is granted, the permission of Land Sea and Sky must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photolibrary or third party. Permission to use the Photographs forpurposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
5. EXCLUSIVITY – The Agency and Advertiser will be authorised to publish the Photographs to the exclusion of all other persons including the Photographer. However, the Photographer retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of advertising or otherwise promoting his/her work. After the exclusivity period indicated in the Licence to Use the Photographer shall be entitled to use the Photographs for any purposes.
6. CLIENT CONFIDENTIALITY – Land Sea and Sky will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable Land Sea and Sky to carry out his/her obligations in relation to the commission.
7. INDEMNITY – Tthe Agency and the Advertiser shall be responsible for obtaining any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property and will indemnify Land Sea and Sky against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
8. PAYMENT – Payment by the Agency will be expected for the commissioned work within 30 days of the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Land Sea and Sky reserves the right to charge interest at the rate prescribed by the Late Payment of Commercial Debt (Interest) Act 1998 from the date payment was due until the date payment is made.
9. EXPENSES – Where extra expenses or time are incurred by Land Sea and Sky as a result of alterations to the original brief by the Agency or the Advertiser, or otherwise at their request, the Agency shall give approval to and be liable to pay such extra expenses or fees at Land Sea and Sky’s normal rate to Land Sea and Sky in addition to the expenses shown overleaf as having been agreed or estimated.
10. REJECTION – Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
11. CANCELLATION & POSTPONEMENT – A booking is considered firm as from the date of confirmation and accordingly Land Sea and Sky will, at his/her discretion, charge a fee for cancellation or postponement.
12. RIGHT TO A CREDIT – All images used will require a credit unless previously arranged prior to release/commission of photograph/y.
13. ELECTRONIC STORAGE – Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Land Sea and Sky. Manipulation of the image or use of only a portion of the image mayonly take place with the permission of the Land Sea and Sky.
14. APPLICABLE LAW – This agreement shall be governed by the laws of England, Wales & Scotland.
15. LINKS – There may be links to other websites from the Land Sea and Sky Photography website; however, these other websites are not controlled by Land Sea and Sky and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Dean Polley Photography regarding the inclusion of links to outside websites or your use of those websites.
16. COLOUR – Land Sea and Sky maintains artist license over all images and aims to achieve the highest levels of quality and colour therefore Land Sea and Sky will not be held responsible for any colour/light variations with browser or monitor/computer use whilst choosing any prints/images on the website.
17. VARIATION – These Terms and Conditions shall not be varied except by agreement in writing.