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The terms listed below shall be deemed as a contract between you (“The Client”) and Cliff Krous Photography and no variation or modification of this contract shall be effective, unless agreed by both parties in writing. Proofing Images The following images are proofing images. Proofing images are for viewing only and not meant to be used in any other fashion other than proofing. Copyright Any images produced under the terms of this contract by Cliff Krous Photography are protected by the Copyright and Design Act 1988 and remain the property of Cliff Krous Photography, whether stored digitally or otherwise. It is contrary to the Act to download, transfer, reproduce, copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract unless agreed otherwise with Cliff Krous Photography In all cases, unless specifically negotiated otherwise, copyright of all images taken as part of a commission will remain with Cliff Krous Photography. Commissioned images will be supplied with either personal or corporate reproduction rights. Personal reproduction rights allow copying of images by “the Client” for personal purposes only. Personal reproduction rights do not allow the use of images for corporate advertising, marketing or publicity in any way, including their use on websites or other electronic media. Should "the Client" subsequently wish to use the images for this purpose, written permission must be sought from Cliff Krous Photography. Corporate reproduction rights allow photographs to be reproduced by” the Client” that has commissioned the images. These images may be used by the Client in their own promotional material, for marketing purposes, advertising, internet/intranet sites, on retail goods etc. In instances where photography is commissioned through a third party, e.g. Design Agencies, the Corporate Reproduction Rights extend to the end user of the images. Unless agreed otherwise in writing, the Agency may only use the images for the purposes of supplying the original end user. In all cases, images (in whole or part) may not be sold or passed to a third party (even without charge) without the express written permission being granted by Cliff Krous Photography. If such a request is made, Cliff Krous Photography reserves the right to charge a fee for use of the images by the third party. The level of this fee will be based on the proposed usage of the photograph. Please note that unauthorized copying of a copyright image (in whole or part) is an infringement of law and as such can be subject to criminal sanctions such as a fine or imprisonment or civil sanctions such as claims for damages, accounts, delivery up or injunctions precluding one's use of the images. Cliff Krous Photography reserves the moral right to be credited as the author of any published photographs. |
