Media 10 Limited
Terms and Conditions of Submission and Reproduction of Articles
1) In this agreement the terms (a) PICTURE includes a photograph, transparency, negative, artwork, painting, illustration, montage, drawing, engraving or any other item which may be offered for the purposes of reproduction, (b) REPRODUCTION includes any form of publication or copying of the whole or part of any picture, altered or not, whether by printing, photography, slide projection (whether or not to an audience), xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means, (c) WORDS or EDITORIAL include any whole or part of an article or column written specifically for the feature or publication and includes advertising produced by Media 10 Ltd. Pictures and words shall henceforth be referred to as ARTICLES.
2) No variation of these terms or conditions set out herein shall be effective unless agreed in writing.
3) Reproduction rights (if granted), unless otherwise agreed in writing are:-
a) Subject to these terms and conditions
b) Non-exclusive reproduction rights for single use only in the United Kingdom (unless another location is agreed in writing between both parties)
4) Articles are supplied on loan and no property or copyright shall pass to the client whether on its submission or on Media 10 Ltd’s grant of reproduction rights in respect thereof
5) Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Media 10 Ltd’s invoice and unless agreed in writing relate to a single publication in a single size text (if any) in one language only.
6) Reproduction rights are not granted exclusively to the client except when specified on the invoice.
7) Reproduction rights granted are personal to the Client and may not be assigned, nor may any article be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights. The third party then also needs to enter into an agreement to ensure that they are bound by license terms restricting printing, copying, networking, multiple accesses or other use of the articles to personal use only, forbidding the assignment, resale, rental and lending of the articles and ensuring that credit is given to Media 10 Ltd and the author.
8) Any reproduction rights granted are way of license and no partial or other assignment of copyright shall be implied.
9) Clients must satisfy themselves that all necessary rights, models 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. Media 10 Ltd make no claim or warranty with regard to the Client’s use of content, names, text, people, trademarks or copyright material depicted in any article and the Client will indemnify Media 10 Ltd in respect of any claims, damages, cost or expenses Media 10 Ltd incur arising from the use of any article supplied to the Client.
10) Media 10 Ltd’s failure to exercise or enforce any of Media 10 Ltd’s rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in the future.
11) Unless specifically requested, all articles will be supplied digitally, either by network or CD. In the case of supplying CD, the client becomes responsible for any loss and damage and will incur a charge for replacement including postage and packing; this also includes returns of the CD. In such case that the client requests transparencies, the client will be responsible for their care and any loss or damage at a cost of £250 + vat per transparency, the charge levied due to it not being reusable.
12) The images/features are submitted on loan at your request, on approval only. Our delivery note lists the images/features 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 with 48 hours of receipt.
13) All quotations given by Media 10 Ltd will be valid for 30 days from the date of the quotation. If the client’s order differs from the specification on which the quotation was based, then Media 10 Ltd reserves the right to vary the quotation (including the price).
14) Until Media 10 Ltd has invoiced the reproduction fee, neither party is committed to grant or to acquire any reproduction rights of any article. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Media 10 Ltd is committed to grant reproduction rights and the client to acquire them. If after such invoicing but before payment, the client requests cancellation of the reproduction rights Media 10 Ltd may in its discretion cancel, subject to the client paying a cancellation fee.
15) The client will pay Media 10 Ltd the price set out in their current price list, which Media 10 Ltd can change at any time, plus VAT. CASH CLIENTS: If the client does not have an account with Media 10 Ltd, work must be paid for on collection or delivery of article (even when sent digitally by email, ISDN, etc.). Payment may be made by cash, cheque or any major credit/debit card (excluding AMEX) and on receipt of purchase order from the client (by email or fax where appropriate). Payment by credit card can be accepted by telephone. ACCOUNT CLIENTS: Media 10 Ltd reserves the right not to provide credit facilities without disclosing a reason. Clients should be aware that account applications will be credit checked. If the client has an account with Media 10 Ltd the client will pay the invoice within 30 days of the date of invoice. In the event of default, Media 10 Ltd reserves the right to withdraw credit on any current charges without prior notice. The client will pay to Media 10 Ltd any expenses incurred by Media 10 Ltd in connection with the recovery of monies outstanding (including legal costs on an indemnity basis).
16) Media 10 Ltd shall be entitled to terminate the Agreement or suspend performance of its obligations, without prejudice to its other rights and remedies forthwith on written notice and will not be liable for damages in the event that:
a) Client will be in bankruptcy;
b) Client is a debtor in possession;
c) Client shall have a liquidator;
d) Client is in legal restraint or passed away;
e) Client commits a material breach of the terms of any legal obligation or commits a breach of the terms of any obligation resulting from the Agreement.
17) The right to a credit is asserted in accordance with sections 77 & 78 of copyright, designs and patents act 1988. It is IMPORTANT for editors to note that the use of certain images amongst those contained in the accompanying package will require specific authority to be obtained by Media 10 Ltd from the owners of the properties concerned. This is normally a simple matter of courtesy. Permission has only been obtained for FIRST USE in the context of the original feature for which the photography was commissioned. Subsequent re-use without the prior agreement of the owners of some of the properties can lead to the exchange of solicitors’ letters and the threat of LEGAL ACTION. It is essential that SUFFICIENT TIME should be available between selection and publication of the images for this permission to be obtained (this does not apply to TV houses). The use of images without the prior agreement of the property owners is in no way condoned by Media 10 Ltd who will not be held responsible in the event of subsequent legal action against editors by the owners of properties concerned.
18) You shall makes sure that a credit using the following format - photographer/Media 10 Ltd/Designer/Architect – is printed clearly next to or near each reproduction of an image, or (in the case of a magazine or book) that this credit is printed on the colophon/title/acknowledgements page with a clear reference to the location of the relevant image or images. If you fail to credit the image an additional 50% of the original license fee will be payable.
19) An initial loan period of 30 days will be granted. If you wish to keep an image that has not been selected for usage you must agree a loan extension and rental fees will apply.
20) Postage and packing will be charged at cost to customer. The client must return all images by the return date using any method of postage, which affords proof of delivery and the correct level of insurance
21) Images/features shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
22) You must provide us prior to publication with a list of Image/feature usage and provide us with at least one complimentary copy of any publication in which the reproduction of the Image/feature appears
23) You agree to destroy all digital images/features including any pre-production copies of the images/features and any copies or records of the images/features held on a database within 90 days of the date of receipt of the images/features or completion of the maximum production run, or expiry of the license term, whichever is later.
24) These terms and 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.