Terms & Conditions (England & Wales)
‘South Devon Photo Library’ is owned and maintained by Cadle Design Partnership in association with Colin Cadle Photography.
DEFINITIONS: For the purpose of these terms and conditions ‘the Library’ refers also to Colin Cadle Photography owned by Cadle Design Partnership, "the Agency" or "the Client" shall where the context so admits include their respective assignees, and successors in title. In cases where the Library’s client is a direct client with no agency or intermediary involved all references in these terms and conditions to both "the Agency" and "the Client" shall be interpreted as references to the Library’s client. ‘Photographs’ means all photographic material furnished by the Library, whether in digital format and delivery, prints or any other type of physical or electronic material.
COPYRIGHT: The entire copyright in the Photographs available through South Devon Photo Library is retained by the Library at all times throughout the world and is not negotiable.
USE: No use may be made of the Photographs before payment in full is received without the Photographer's express permission in writing. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the requested date. Permission to use the Photographs for purposes outside the terms of these Terms and Conditions will normally only be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use can be permitted. Unless otherwise agreed in writing, all use in respect of the Photographs will be subject to these terms and conditions.
EXCLUSIVITY: Unless otherwise agreed in writing by the Library use of purchased and downloaded images are totally non-exclusive.
INDEMNITY AND CLIENT RESPONSIBILITIES: Any photograph purchased for use by the client from the Library must be treated as if the Client had produced that image themselves. The image may contain people, buildings, property or intellectual property rights (such as corporate logos) which the Client may not be free to publish in all circumstances especially if the intended use of the image is for advertising or commercial use. If in any doubt it is the express responsibility of the Client to check whether permission is required before purchasing the image(s) from the Library. The Library or its owners or agencies shall not be liable for any expenses, damages, claims and legal costs arising out of any failure by the Client to obtain such clearances for which he/she was responsible in respect of third party copyright works, trade marks, designs, personal images or other intellectual property. The Client shall in all instances be responsible for obtaining such clearances and will indemnify the Library against all expenses, damages, claims and legal costs arising out of any failure on behalf of the Client to obtain such clearances.
CLIENT CONFIDENTIALITY: The Photographer will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence as a result of any purchase or negotiation to purchase from the Library.
RIGHT TO A CREDIT: Although not mandatory, where possible all purchased images should be accompanied by the credit © South Devon Photo Library. printed on or in reasonable proximity to all published reproductions of the Photograph(s). By affirming this “Right to a Credit” the Photographer also asserts his/her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
ELECTRONIC STORAGE: Save for the purposes of reproduction of the image(s) when supplied in physical format (prints) these may not be stored in any form of electronic medium without the written permission of the Library. Manipulation or alteration of the supplied image(s) may only take place with the express written permission of the Library.
APPLICABLE LAW: This agreement shall be governed by the laws of England & Wales
VARIATION: These Terms and Conditions shall not be varied except by agreement in writing.