Terms & Conditions Photomax Specialist Aquarium Picture Library is a division of the Goldfish Bowl Oxford.
This agreement represents the entirety of the terms and agreement between Photomax Specialist Aquarium Picture Library (“PAPL”) and on the invoice (“the Client”). No variation of these terms or conditions shall apply unless agreed in writing by both parties.
1. General Terms
1.1 Neither the hire of digital images, nor the purchase of photographic prints or other graphic works or transparencies (herein referred to as “Pictures”) from PAPL confers the right to reproduce them or make them available to the public in any medium or form. Nor does the supply by PAPL of Pictures for hire or purchase imply the availability of these rights.
1.2 The Client indemnifies PAPL against any liability arising directly or indirectly as a result of unauthorized obscene or defamatory use of the Pictures.
1.3 In the event of the Client’s insolvency, bankruptcy or death all rights granted hereunder shall automatically terminate and all outstanding sums owed by the Client shall automatically become due and payable. Materials produced by the Client containing Pictures from PAPL shall be considered to be infringing copyright unless rights have been fully paid for and licensed by PAPL. Therefore such products may not be used to settle the Client’s outstanding liabilities without first settling any outstanding invoices due to PAPL from the Client.
1.4 Images will be consigned under cover of a delivery note. Any reproduction of the images listed on the delivery note will be held in breach of copyright until the proposed use is notified, fees are agreed, and a signed copy of the delivery note is returned to PAPL.
1.5 These terms and conditions shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the Courts of England.
2. Reproduction Rights
2.1 Any unauthorised reproduction of PAPL’s Pictures constitutes an infringement of copyright, rendering those responsible liable for the payment of fees not less than twice that charged for properly authorised reproduction, in addition to damages if appropriate.
2.2 Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
2.3 On full payment (and not before) of the invoice reproduction rights are granted to the Client as specified on the invoice. Such rights are not transferable. Rights granted by PAPL are strictly limited to the purpose(s) period of time and the territory expressly specified on the invoice.
2.4 Any reproduction of the Pictures before full payment of the invoice is unauthorised and prohibited, unless agreed otherwise in writing.
2.5 The Client must credit all reproduced Pictures as follows (unless agreed in writing otherwise); “www.photomax.org.uk”. The copying, altering or manipulation of Pictures, or usage of all or part of Pictures with other images is not allowed without express permission. Any such agreed alteration to the presentation of a Picture must be acknowledged alongside the Picture, as agreed in writing by PAPL. Pictures must not be reproduced without the correct credit line unless otherwise agreed, and Clients who do so will be charged additional fees, which will not be less than the original reproduction fees.
2.6 PAPL’s Pictures must not be copied, stored or transmitted in electronic or other media unless by separate written permission, except where such is incidentally and wholly necessary to the process of production, agreed and properly licensed by PAPL. At the conclusion of such production, all intermediate copies of this material must be destroyed.
2.7 The Client must send at least one copy of an example of the use(s) containing reproductions of PAPL’s Pictures to PAPL free of charge, within 2(two) weeks of finalising publication or production.
3. Loss, Misuse or Damage
3.1 PAPL’s delivery note will list all the Pictures delivered to the Client, which shall be presumed to have been received in good condition, unless PAPL is notified of any discrepancy or damage within 3 days of delivery.
3.2 Pictures loaned to the Client must not be passed to any third parties (unless otherwise agreed by PAPL and the Client in writing).
4. Website & Image Discs
4.1 Images selected from the image browser and ordered to be supplied in high resolution format, will be charged at the agreed usage fee whether used or not.
4.2 Copyright on all images and intellectual property is retained by PAPL.
4.3 All image discs remain the property of PAPL.
5.1 Photomax takes great care in researching the correct names relating to the pictures held in the library files. However, no guarantee is given or implied that the names are correct, and users must satisfy themselves of the authenticity of the names suggested before committing them to their specific application. No responsibility or liability will be accepted by Photomax for any mis-naming discovered.
5.2 Taxonomy changes from time to time, and Photomax will continue to use a superseded scientific name while it is still the preferred name used within the aquarium hobby, updating only when the new name is found to be in more common use.
5.3 Every effort will be made to deliver orders within 48 hours where the images are available to download in high resolution from the photomax website. Where the images are not already available for download (ie scan to order images, as stated on our website by the green “O” symbol) every effort will be made to deliver the order / remaing part of the order within 5 working days. However, PAPL will not accept liability for delays which might occur for what ever reason beyond our control.
5.4 PAPL reserves the right to remove Images from the library without notice.