TERMS & CONDITIONS FOR THE REPRODUCTION OF IMAGES
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You will be deemed to have accepted these terms and
conditions upon selecting 'I accept the BAS Terms & Conditions' at the
bottom of this web page.
- No variation of these terms or conditions shall be effective unless agreed in writing.
- "We/Us" and/or "BAS" means 'British Antarctic Survey - Natural Environment Research Council'.
- "Image" means any item which may be offered for the purposes of reproduction.
- "You" means the person or entity purchasing the Image(s).
Supply Of Images
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The low resolution Images on our website are for approval
only. Our email delivery note lists the Images available for download
by you, which shall be deemed to have been received complete and in
good condition, unless we receive notification of any discrepancy
within 48 hours of receipt.
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You acknowledge that Images are our valuable property, as are any additional
copies/usage for the purpose of pre-production. You agree to permanently delete
all copies of the Images 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.
Licence for Use of Images
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The reproduction by whatever means of the whole or any part of any Image (in particular
but without limitation, electronic use, storage or transmission, slide projection, artist's
reference, artist's illustration, layout or presentation of Images) other than as supplied
is strictly forbidden without our specific written permission. You must inform us immediately
if the reproduction changes from the terms agreed. We will then consider whether we
would wish to grant a license and, if so, on what terms.
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No reproduction rights, other than that agreed via our website www.photo.antarctica.ac.uk are
granted by virtue of delivery of any Image. 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
(via WorldPay). 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.
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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.
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Reproduction rights (if granted), unless otherwise agreed in writing are
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subject to these terms and conditions and any terms and conditions set out in the
email delivery note and licence;
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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;
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strictly limited to the use, period of time and territory stated in the licence;
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personal to you and not assignable by you to any third party.
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You may not license the use of any Image to a third party.
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You must credit "<Photographer's name>, British Antarctic Survey", as specified by us in
our email delivery note, each 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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Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
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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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Refunds must be requested within 14 days or before reproduction, whichever is the sooner.
Miscellaneous
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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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If not purchased online at www.photo.antarctica.ac.uk
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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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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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.
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Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your
use of any Image shall vest in us and you hereby assign all such rights arising to us.
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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.
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Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation
procedure recommended by the British Photographers' Liaison Committee
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These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit
to the non-exclusive jurisdiction of the English courts.
For more information please email:
pictures@bas.ac.uk