“We and/or “Us” means PULSE PICTURE LIBRARY/Building
Image Library
“
You” means the person or entity named as client overleaf.
You will be deemed to have accepted these terms and conditions
unless you
notify us to the contrary and return all the Images to us within
5 days of receipt.
No variation of these terms or conditions shall be effective
unless agreed in
writing.
“Image” means any item which may be offered for
the purposes of reproduction
(including where appropriate a Digital Image).
Pulse pictures
represent real documentation of life in General Practice today.
For this reason we reserve the right to ask the context in which
pictures are to be used,
even if they have model release.
Photos must not be used in a context that imply criticism to any individual or
Health Professional. Nor should they be used to discredit the Health Profession
or in any cases of Abuse or Medical Misconduct.
Photos must not be used in any form to advertise or endorse a product.
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Supply Of Images |
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| 1) |
The Images are submitted on loan at your request, on
approval only. Our delivery note lists the Images delivered
to you, which shall be deemed to have been received complete
and in good condition, unless we receive notification
of any discrepancy or damage within 48 hours of receipt. |
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| 2) |
Images belong to us. They are your responsibility from
the time we despatch them until we receive them back.
You are urged to take out insurance to cover the total
value of the Images delivered. |
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| 3) |
You must pay a non-refundable service fee to cover
administrative costs and despatch of Images on each submission
and resubmission of Images whether or not reproduction
rights are required or granted. We will deliver Images
to you by the most appropriate safe method which affords
proof of delivery, and may invoice you for the delivery
costs. |
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Supply of Images in transparency or printed format |
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| 4) |
"Return Date" is the date by which the Images
must be returned as specified on the delivery note or
licence. If no date is specified, the Return Date shall
be four weeks from the date of the delivery note. |
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| 5) |
You must pay the rental fee specified in the delivery
note until we receive the Images back. Payment of the
rental fee does not entitle you to retain any Image after
its Return Date. |
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| 6) |
You must return Images to us by a safe method which
affords proof of delivery. You must arrange adequate
protection for Images in transit. You must enclose a
delivery note detailing and totalling the returned Images
and must send a copy of that note by separate post, fax
or email. |
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| 7) |
You must immediately notify us in writing of any loss
or damage. You must pay us compensation for each Image
lost or damaged at the rates specified on the delivery
note which are a genuine pre-estimate of the loss which
we will suffer. Any Image returned without its mount
or with its caption or other mount data missing or defaced,
may incur a replacement charge at the rate set out in
the delivery note. Payment of compensation does not entitle
you to any additional rights in the material. An Image
subsequently found must be returned immediately. If it
is undamaged you will be credited with any compensation
paid less a rental fee at the rate set out in the delivery
note from the Return Date to the date the Image is returned.
Such credit will never be less than 20% of any compensation
paid. |
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Licence for Use of Images |
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| 8) |
The reproduction by whatever means of the whole or
any part of any Image (including, without limitation,
slide projection, artist’s reference, artist’s
illustration, layout or presentation of Images) is strictly
forbidden without our specific written permission. You
must inform us of your proposals as to when and how an
Image is intended to be used. We will then consider whether
we would wish to grant a licence and, if so, on what
terms. |
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| 9) |
No reproduction rights are granted by virtue of
delivery of Images unless expressly indicated. Your right
to reproduce an Image arises only if (a) licence terms
are agreed and (b) our invoice relating to the grant
of such right is fully paid. 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
of any Image supplied to you. |
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| 10) |
You must satisfy yourself that all necessary rights,
model releases or consents which may be required for
reproduction are obtained 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. |
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| 11) |
Reproduction rights (if granted ), unless otherwise
agreed in writing are: |
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| a) |
subject to these terms and conditions and any terms
and conditions set out in the delivery note and licence, |
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| b) |
non-exclusive reproduction rights for single use only
in the United Kingdom. A single use means a reproduction
in one size for one edition of a single publication,
published in one language only, |
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| c) |
strictly limited to the use, period of time and
territory stated in the licence |
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| d) |
personal to you and not assignable by you to any
third party. |
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| 12) |
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. |
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| 13) |
You must credit us and the author as specified by us
every time an Image is used. If you fail to credit the
Image an additional 50% of the original licence fee will
be payable. |
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| 14) |
Images shall not be altered or manipulated, added to,
or have any part deleted without our prior written consent. |
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| 15) |
You must provide us on publication with at least one
complimentary copy of any publication in which the reproduction
of the Image appears. |
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Digital Use of Images |
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| 16) |
You acknowledge that Images are our valuable property,
as are any digital images created from the Images (" Digital
Images"). |
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| 17) |
You may not create, store or transmit Digital Images
without our permission except so far as is incidentally
and wholly necessary to the process of producing items
licensed by us. If permission is granted the following
conditions apply: |
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| 18) |
Each Digital Image created by you shall be recorded
and labelled with the Image reference number used by
us 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. |
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| 19) |
Unless otherwise agreed, any Digital Image you create
must not be greater in size than 640x480 pixels, 72ppi.
Any use of the Digital Images shall be in a format designed
so that it will not be possible to alter, manipulate
or adapt any Digital Image in any way during the normal
course of using the product. |
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| 20) |
You agree to destroy all Digital Images including
any pre-press or pre-production copies of the Images
and any copies or records of the Images held on a database
within 90 days of the date of receipt of the Images or
completion of the maximum production run, or expiry of
the licence term, whichever is later. |
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Miscellaneous |
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| 21) |
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. |
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| 22) |
You must pay our invoice within 30 days of issue. However
in the case of newspaper, periodical and broadcasting
use only, if we agree in advance, you may pay by the
end of the calendar month immediately following publication
or use, or within six months of the issue of our invoice,
whichever is sooner. |
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| 23) |
If you do not pay in accordance with these terms then
we may at our option 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. |
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| 24) |
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
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. |
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