TERMS AND CONDITIONS

BY ORDERING AN IMAGE FROM DON BROWNLOW PHOTOGRAPHY YOU ARE ENTERING INTO A LEGAL AGREEMENT BETWEEN YOU AND DON BROWNLOW PHOTOGRAPHY.  BY SO DOING, YOU ARE DEEMED TO HAVE READ AND AGREED TO BE BOUND BY THE CONDITIONS SET OUT HERE.

ALL IMAGES ARE, AND REMAIN, THE PROPERTY OF DON BROWNLOW PHOTOGRAPHY AND ARE SUBJECT TO THE INTELLECTUAL PROPERTY LAWS OF THE UNITED KINGDOM, UNITED STATES AND THE BERNE CONVENTION.  IMAGES ARE NOT SOLD, THEIR USE IS LICENSED AND THEY REMAIN THE SOLE AND EXCLUSIVE PROPERTY OF DON BROWNLOW PHOTOGRAPHY UNLESS SUBJECT TO A SEPARATE, WRITTEN, BUY OUT AGREEMENT.

THIS IS NOT A LICENCE AGREEMENT.  IMAGES MAY NOT BE USED FOR ANY PURPOSE UNTIL LICENSE TERMS, REGULATING THE SPECIFIC USE TO WHICH YOU INTEND PUTTING THE IMAGE, HAVE BEEN AGREED AND PUT IN WRITING.

GENERAL PREAMBLE

Any agreement between you (the client) and Don Brownlow Photography will be governed by the laws in force in England and Wales, excluding the application of its conflicts of law rules. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, application of which is expressly excluded. If any part of this agreement is found void and unenforceable, then it shall not affect the remainder of the agreement which shall remain valid and enforceable according to its terms.

GRANT OF RIGHTS

Don Brownlow Photography grants you an individual, non-transferable right to copy such images as we agree to supply onto your computer hard drive and to use said images for the following limited applications: compositing layouts ('comping') and non-commercial, in-house presentations. You are not granted the right to reproduce the images for advertising, promotional or editorial use, or any other use whatsover. You are not granted digital, electronic or any other derivative rights whatsoever (a derivative being anything sourced or referenced from a pre-existing image). You may not transfer, assign or sublicence any use of the images without prior written consent from Don Brownlow Photography. All rights not expressly granted by this agreement are reserved by Don Brownlow Photography without any limitation. Use of any image beyond the rights granted in this agreement constitutes a wilful infringement of copyright and is liable to legal action.

RESTRICTIONS ON USE

You agree not to:

1. Use an image in any manner that might be considered defamatory, libellous, pornographic, fraudulent, harmful or tortious, whether directly or in a context or juxtaposition with other subject matter or by altering the image in any way.
2. Use the image or permit the use of an image in any way that violates a person's right to privacy.
3. Infringe on any trademark, trade name or registered device or otherwise use an image for any unlawful purpose.
4. Publish an image electronically in a downloadable or FTP format.
5. Export or transfer any image or file into any country or use an image in any way that contravenes any export administration legislation or any other export laws, restrictions or regulations.

RETENTION OF IMAGES

Digital images may be kept for a period of up to 60 days from the date of supply or download. Unless written permission to extend this period is obtained from Don Brownlow Photography, you are required to delete the digital images from all electronic and removable media, and to destroy any other digital copies of the image at the end of this period. Don Brownlow Photography's copyright information and image identification number must be kept with the image while you retain it. You must take all reasonable steps to prevent unauthorised copying, transfer, publication or theft of such images that are in your care.

RETENTION OF TRANSPARENCIES AND COMPENSATION FOR LOSS OR DAMAGE

Original transparencies belonging to Don Brownlow Photography are, unless otherwise agreed, loaned for a maximum period of 60 (sixty) days.  Retention beyond this period must be agreed in writing.  If no such agreement is sought, a rental charge of £5.00 (five GB Pounds) per week will be charged up to a maximum of 180 days from the original date of loan, at which time you will be invoiced for £500.00 (five hundred GB Pounds) per item, being the full loss value.   Payment for loss or damage does not give you copyright in that image.  Transparencies that are lost or damaged for any reason whatsoever while in your (or your agents') possession or while in transit from you will be charged at the rate of £500.00 (five hundred GB Pounds) for each and every item.  Duplicate transparencies will be charged at the rate of £50.00 (fifty GB Pounds) for each and every item lost or damaged.  You are responsible for the safe carriage of all items that are being sent to Don Brownlow Photography.

RELEASES, PERMISSIONS AND SENSITIVE SUBJECTS

Unless it is expressly indicated that images have a property or model release, no such release exists. Don Brownlow Photography gives no warranties or representations regarding the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image. You must obtain all necessary consents, rights or permissions as may be required for publishing an image. Written permission from Don Brownlow Photography is required in advance of publication for use of sensitive subjects, or use of images in a sensitive context, including, but not limited to: sex, contraception, alcohol, tobacco, drug abuse, physical or mental abuse, AIDS, cancer or any other serious physical or mental ailment or any disparagement of a person or product. Don Brownlow Photography reserves the right to refuse permission to use an image for any reason whatsoever.

TERMINATION

Any rights set out in this agreement will terminate automatically, without notice, should you fail to comply with any provision of this agreement. Upon termination, you must immediately:

1. Stop using the image
2. Delete the image and all copies from all electronic and/or magnetic media
3. Return any original transparencies to Don Brownlow Photography and destroy or return any duplicates or copies of the image as is appropriate.

INDEMNIFICATION

You agree herewith to indemnify and hold Don Brownlow Photography and the photographer free from all and any claims, liabilities, damages, costs, expenses (including reasonable legal fees) arising from the use of an image or any breach of this agreement. If an image is used before payment of our invoice, we are exempt from any claim connected with publication or any other use of the image, as such use is without permission of the copyright holder.

WARRANTY

Digital files are provided 'as is'. Don Brownlow Photography makes no representation or warranty, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for any particular use, quality of image or compatibility with any computer hardware, other equipment, operating system or software programme. Neither Don Brownlow Photography, nor any of its directors, employees or agents, shall be held liable for any damages, whether caused directly, indirectly, consequentially or incidentally, or any other damages, howsoever arising, from the use or inability to use the digital images. Don Brownlow Photography's liability and your sole and exclusive remedy shall be limited to the replacement of the digital image within 30 days of its delivery.

LIMITATION OF LIABILITY

Under no circumstances will Don Brownlow Photography be liable for any damages whatsoever, including, without limitation, damages for the loss of business profits, business interruption or other pecuniary loss arising from:

1. The use of, or inability to use, the images
2. The inability to obtain additional rights to the images (including making additional copies), even if Don Brownlow Photography has been advised of the possibility of such damages. The limit of the liability of Don Brownlow Photography, their representatives and the copyright holder shall be the fee paid for the image to Don Brownlow Photography.

Some states do not permit exclusion of implied warranties and you may have other rights, which vary from state to state.

COPYRIGHT PROTECTION

You agree to provide copyright protection of the image. All digital files of images must include the copyright symbol, the 'Don Brownlow, Borders Photography' or 'Don Brownlow Photography' name and the image identification number as part of the digital file. Don Brownlow Photography reserve the right to take such action as we see fit to pursue any infringement of our copyright without regard to any rights granted.
Any editorial use of images must bear the credit line '© Don Brownlow, Borders Photography', '© Don Brownlow Photography' or '© Don Brownlow' as agreed separately. You agree to provide statutory copyright protection of the images by timely registration of the work created or in which the image appears.
You also undertake to provide Don Brownlow Photography with a minimum of one copy of the publication in which any image appears or a proof copy of the page on which that image is published or such evidence of use as is acceptable to Don Brownlow Photography.

LEGAL JURISDICTION AND COSTS

In the event that a court of competent jurisdiction so directs, or the matter involves copyright, you agree to fully reimburse Don Brownlow Photography for its reasonable legal fees, costs and disbursements if Don Brownlow Photography is successful in its suit. Both parties agree to designate the Courts of England as the appropriate jurisdiction for any suits.

WAIVERS

The terms set out in this agreement represent our entire agreement with regard to your review and 'comping' of images. All prior understandings or representations, whether oral, written, based on 'industry custom' or past dealings are hereby revoked and subsumed in favour of the terms of this agreement. No terms or conditions shall be added unless made in writing and signed by both parties. No actions or statements of ours, other than an express, written waiver, may be construed as a waiver of any part of this agreement. In the event we waive any part of this agreement, it does not imply a waiver of any other part.

AGENTS AND PRINCIPALS

If you are acting as the agent or representative of another, you must disclose the name of the principal to Don Brownlow Photography upon request. You agree to ensure that the principal agrees to be bound by the terms and conditions set out in this agreement and to provide written confirmation upon request. Don Brownlow Photography reserves the right to change the terms of this agreement without notice. We further reserve the right to withdraw an image from use for any reason and you agree to destroy any file and discontinue use of any image so withdrawn upon notification.

NOTICES

Any notices or requests should be addressed to:

Don Brownlow Photography
3 Grievestead Farm, Norham,
Berwick-upon-Tweed
Northumberland TD15 2NN
UK

E-mail: mail@bordersphotography.co.uk

If you are unsure of your rights or obligations under this agreement, or if you wish to use images in a manner not permitted by this agreement, please contact Don Brownlow Photography.