Terms & Conditions

 

THE FOLLOWING ARE THE TERMS & CONDITIONS THAT GOVERN YOUR USE OF THIS WEBSITE – WWW.WILLIAMFRICKERPHOTOGRAPHY.COM

Throughout this agreement, ‘we’ and/or ‘us’ means William Fricker.
‘You’ means the person or entity named as client.
You will be deemed to have accepted these Terms & Conditions and be bound by them unless you notify us to the contrary and return any Images purchased to us within 7 days of receipt. 

Please read these Terms & Conditions (hereafter referred to as ‘terms’) carefully before using this website or downloading an image.
These terms constitute a legal agreement between you and William Fricker.
Please read this agreement (‘agreement’) in its entirety before you continue to use this website or download any Image.
Using this website indicates that you accept these terms. If you do not accept these Terms & Conditions do not use this website.

INTELLECTUAL PROPERTY

This website is owned by William Fricker. Unless otherwise indicated, we own all the Content on this website, including but not limited to text, graphics and photographs. All elements of William Fricker’s website are protected by trademarking and copyright, as well as other laws relating to intellectual property rights. Except when permitted under agreement with William Fricker, you may not copy or modify any part of this website. Any modification made to the Content of this website by a third party is a violation of our copyright. Its Content and all related rights shall remain the exclusive property of William Fricker unless otherwise expressly agreed. You agree to indemnify William Fricker against any losses, expenses, costs or damages incurred as a result of your breach of the Terms of this Agreement or your unauthorised use of the Content and related rights of this website.

IMAGE USE
Our Images are protected by copyright. All rights to the Images are owned by William Fricker. The reproduction by whatever means of the whole or any part of any Image is strictly forbidden without our specific permission. William Fricker Images can be altered or manipulated, added to, or have any part deleted as long as the image is not shown in a detrimental way.

Watermarked images may only be used for your internal layouts. William Fricker does not grant you any licence to use these Images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. 

Images, other than watermarked images, may only be used commercially once you have entered into a licence agreement by ticking the agreement box before making a purchase.

You must satisfy yourself that all necessary rights and consents which may be required for reproduction are obtained from William Fricker and relevant third parties 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. 

You must credit William Fricker as specified every time an Image is used. Please credit images as Image © williamfrickerphotography.  For images used on websites, please credit Image © williamfrickerphotography (as a link to http://www.williamfrickerphotography.com) preferably somewhere on the same page, unless the image is used on the Home page, in which case you can place the credit elsewhere on the site at your discretion. If you fail to credit the image an additional 50% of the original licence fee will be payable. 

You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears. For websites, please supply me with the website address (URL) when ready, so that I can check usage.

Reproduction rights (if granted), unless otherwise agreed in writing are
a) subject to these Terms & Conditions and any Terms & Conditions set out in the licence,
b) non-exclusive reproduction rights for single use only. 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.
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. 

 

MISCELLANEOUS
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. 

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 & 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. 

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. These Terms & 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. 

Public networks, such as the internet, occasionally experience disruptions, and we cannot, therefore, guarantee that this website will be available 100% of the time. Although we will do our best to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and we disclaim any liability for damages resulting from such problems.