Welcome to the John Erwin website.

 

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern John Erwin Photography’s relationship with you in relation to this website.

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The term “John Erwin Photography” or “us” or “we” refers to the owner of the website whose registered office is 29 South Road, High Etherley, Bishop Auckland, County Durham, DL14 0HZ. Our company registration number is [company registration number and place of registration]. The term “you” refers to the user or viewer of our website.

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The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

• You may not create a link to this website from another website or document without John Erwin Photography’s prior written consent.

• Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

 

Conditions of Image Use

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‘We and/or ‘Us' means John Erwin Photography. ‘You' means the person or company named as client overleaf. ‘Image' means any item, in any format, which may be offered for the purposes of reproduction.

You will be deemed to have accepted these terms and conditions unless you notify us to the contrary, in writing, within 5 days of receipt, with return of all images. No variation of these terms or conditions shall be effective unless agreed in writing.

 

Licence Use of Images

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1. The reproduction by whatever means of the whole or any part of any Image, 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.

2. 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 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.

3. 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.

4. Reproduction rights (if granted), unless otherwise agreed in writing are:

   1. subject to these terms and conditions and any terms and conditions set out in the delivery note, licence and invoice,

   2. non-exclusive reproduction rights for single use only, in one size, for one edition of a single publication, published in one language only,

   3. strictly limited to the use, period of time and territory stated in the licence,

   4. personal to you and not assignable by you to any third party.

5. 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 photographer.

6. Unless otherwise negotiated, you must credit us and the photographer, as specified by us and include a copyright line or symbol every time an Image is used. If you fail to credit the Image an additional 50% of the original licence fee will be payable.

7. Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.

8. You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.

 

Digital Use of Images

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1. You acknowledge that Images are our valuable property, as are any digital images created from the Images ('Digital Images').

2. The Digital Images shall be deemed to have been received complete and in good condition, unless we receive notification, in writing, of any discrepancy or damage within 48 hours of receipt.

3. 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:

4. 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.

5. Unless otherwise agreed, any Digital Image you create must not be greater in size than 640 x 480 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. Images within your Lightbox or images downloaded from our website can be used for rough layouts only. In no way can they be used as final material unless, a licence has first been granted by us with payment of our invoice made in full.

6. 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.

 

Miscellaneous

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1. 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.

2. You must pay our invoice within 30 days of issue.

3. 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.

4. Any licence granted will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed; (c) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply; or (d) die. 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.

5. 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.

6. 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.

7. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the BPLC or BAPLA.

8. 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.

© Copyright 2001 British Photographers' Liaison Committee/Finers Stephens Innocent As agreed by BAPLA, AOP, NUJ, MPA and the BFP.
John Erwin Photography Member of the Bureau of Freelance Photographers