TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THIS SITE

Please read these terms carefully before using this website. These terms constitute a legal agreement between you and Fotohaus Ltd. Using this website indicates that you accept these terms. By registering and using this website you agree to be bound by the terms and conditions of this agreement.

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 Photographer'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 Photographer's client. 'Photographs' means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material. ‘Photographer’ refers to the individual Photographer and fotohaus ltd.

2. COPYRIGHT
The entire copyright in the Photographs is retained by the Photographer at all times throughout the world.

3. OWNERSHIP OF MATERIALS
Title to all Photographs remains the property of the Photographer. When the Licence to Use the material has expired the Photographs must be returned to the Photographer 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 the Photographer'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 on the front of the form and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of "all media" licence is granted, the Photographer's permission must be obtained before any use of the Photographs for other purposes, e.g. use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs for purposes outside the terms of the licence will normally be granted upon payment of a further fee, which must be mutually agreed before such further use. You must provide Fotohaus Ltd with at least one complimentary copy of any publication in which the reproduction of the Images appear.

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
The photographer 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 the Photographer to carry out his/her obligations in relation to the commission.

7. INDEMNITY
The Photographer agrees to indemnify the Agency and the Advertiser against all expenses, damages, claims and legal costs arising out of any failure by the Photographer to obtain any clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed before the shoot. In all other cases the Agency shall be responsible for obtaining such clearances and will indemnify the Photographer 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 this invoice. Fotohaus Ltd understands and will exercise the statutory right to interest under the Late Payment of Commercial Debts (interest) Act 1998, if payment is not received within the 30 days. Cheques should be made payable to Fotohaus Ltd; and sent to Fotohaus Ltd, 5 Christmas Steps, Bristol, BS1 5BS.

9. EXPENSES
Where extra expenses or time are incurred by the Photographer 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 the Photographer's normal rate to the Photographer 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 the Photographer will, at his/her discretion, charge a fee for cancellation or postponement. Fotohaus ltd will charge up to 50% of the original shoot creative fee and any expenses incurred. Within 24 hours of the shoot this is charged at the full rate plus expenses.

12. RIGHT TO A CREDIT
The Photographer asserts his statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. The Photographer’s name has to be printed on or in reasonable proximity to all published reproductions of the photograph(s).

13. ELECTRONIC USE AND STORAGE
Save for the purposes of production for the licensed use(s), the Photographs may not be stored in any form of electronic medium other than without the written permission of the Photographer. Manipulation of the image or use of only a portion of the image may only take place with the permission of the Photographer.

14. OWNERSHIP OF THE WEBSITE
This website is owned by Fotohaus Ltd. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images ("Content"), is either created and owned by Fotohaus Ltd or ISproductions and its content providers.

15. Website Copyright
All elements of Fotohaus Ltd websites, including, but not limited to, the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Fotohaus Ltd, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Fotohaus Ltd unless otherwise expressly agreed.

16. IDEMNIFICATION FOR BREACH
You agree to indemnify Fotohaus Ltd against any losses, expenses, costs or damages howsoever incurred as a result of your breach of the Terms of this Agreement or your unauthorised use of the Content and related rights.

How you may use the Content on this website Images, other than watermarked images, may only be used commercially once you have entered into a licence agreement and paid the relevant fee. Watermarked images may only be used for your internal "comps" and layouts. Fotohaus Ltd 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. Except for this limited, internal testing and sample use, Fotohaus Ltd grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked images. Each digital image downloaded by you shall be recorded and labelled with the Image reference number used by Fotohaus Ltd 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.

17. MODEL AND PROPERTY RELEASES
1. Fotohaus Ltd gives no representations or warranties whatsoever as to the existence of any Release associated with the image.
2. Fotohaus Ltd gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image.
3. You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of the Image have been secured.

18. EMAIL
The information you supply on the registration form will be kept on a database for purposes as registered under the Data Protection Act. If you authorise us to send you promotional materials, we may do so using either the email or the mailing addresses you have provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We will not send you information if you expressly inform us you do not wish to receive such materials.

19. CONDITION OF IMAGES
You should make sure that you examine the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Fotohaus Ltd shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or its caption or in any way from its Reproduction.

20. DOWNTIME
Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Image(s) purchased.

19. DISCLAIMERS
This website and its content are provided "as is" and Fotohaus Ltd excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not Fotohaus Ltd, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.

Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither Fotohaus Ltd nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Fotohaus Ltd uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

20. APPLICABLE LAW This agreement shall be governed by the laws of England & Wales.

21. VARIATION These Terms and Conditions shall not be varied except by agreement in writing.

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