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  Terms & Conditions


Attention
Please take time to read all of this important imformation about your legal obligations with regard to use of this website and the content included within it. By using this website, you are agreeing to the following terms and conditions. If you do not agree with them then do not use the website or or any of its content for any purpose whatsoever. If the intention or meaning of any of the terms and conditions are not fully understood, you must contact us for clarification and agree to the terms and conditions before using the website.

Definitions
These terms and conditions form a legal contract between you and Vivid Planet/Steve Watkins (also referred to in this agreement as 'we', 'us' and 'our') when viewing this website ('site') and/or using any of the images or other content within this site. 'Image' refers to any image contained within this website or image delivered to you by any other form, including digital download.

Image and rights ownership
All of the images contained within this website are copyright of Steve Watkins and Vivid Planet, unless otherwise stated. None of the images on the website are within the public domain. To clarify beyond doubt, no intellectual property or copyright in any image contained on this site or delivered to you in any form as part of an agreement with Vivivdplanet/Steve Watkins is passed to you under any circumstances. The copyright and intellectual property always remain with Vivid Planet/Steve Watkins.

Reproduction rights
You may use the low resolution images on the website in initial design or composite layouts. Any other usage and all usage of high resolution images must be agreed in writing beforehand and will be subject to a usage fee. No images on this website are available free of charge for any purpose.

Creation of derivative works
You must get prior agreement in writing if you wish to use any image in a derivative work. This includes any substantial alteration to the image, shrinking or stretching the image, reversing its horizontal or vertical orientation and using parts or all of the image within another image or as part of a montage.

Image releases and permissions of use
Each image is marked on the website as to whether a model and/or property release or any other relevant permission is available for its usage. these model releases and permissions will be confirmed in writing with the delivery of the images to you. If this is not confirmed in writing then releases do not exist. By using this website and any of our images where model releases exist you indemnify us against any claims arising from that usage, with our liability limited to a maximum of the usage fee paid by you for the use of that image.

Responsibility lies with you to ensure that releases and all clearances are obtained for using any images containing logos, trademarks, other artwork or copyrighted material. We offer no warranty that images containing these and supplied by us are available for usage.

Digital and analog image condition
Images delivered to you, either on media such as DVD or CD, hard drives or in the form of transparencies, will be deemed to be in a good and fit for purpose state unless you notify us within 7 days of the images being received by you. Any damage to original transparencies will be charged as detailed on the delivery note and licence issued with the images. Each transparency will be charged at no less than £650 per image for loss or damage, with highly saleable iamges being subject to much higher damage or loss fees.

Copyright notice and credit
All of the images on this site are copyright of Vivid Planet/Steve Watkins, unless otherwise stated on the site or on the licence issued with an image. All usage must be credited with the following credit line (or byline): © Steve Watkins/Vividplanet. If an image is used without this credit it will be subject to an additional fee of 50% of the original usage licence fee.

Usage samples
Two free copies or tearsheets of all material produced using images from Vivid Planet/Steve Watkins or from this website are to be sent to us at the postal address provided at your own cost of delivery and within 28 days of publication. For web or other digital usage, samples in the form of printed copies of relevant pages or links to relevant website areas must be sent to us within 28 days of publication.

Administrative & delivery costs
In addition to the iamge usage fees, we will charge reasonable fees to cover the administration and delivery charges involved in sending images to you, whether they are delivered by courier or special delivery or by electronic download.

Standard licence term
Unless otherwise stated on the licence supplied with each image delivered, the licence agreed for usage of that image will expire one year (365 days) after the licence period begins. Any usage beyond this time period must be agreed by us in writing and payment of any additional usage fees made by you.

Invoicing
All invoices sent out, whether by post or by email or any other method, for usage fees and other costs must be paid within 28 days of the date of invoice. Any invoices not paid in full within this time period will be subject to interest charges of 6% above the Bank of England base rate at the time of the non-payment. Any invoices not paid within 56 days will be subject to collection by outside agencies or via court proceedings.

Payment
The rights granted in the licence to use the image only become valid on receipt of full payment of the invoice for the usage of the image. If payment is not forthcoming, we reserve the right to rescind the usage agreement. Usage without full payment of the invoice will render you liable to recovery of any damages arising from the image usage and for other costs involved.

Termination
If any of the terms and conditions outlined here are not fully complied with, we retain the right to cancel any contract with you with immediate effect.

Unauthorised use
Unauthorised use of any image owned by Vivid Planet/Steve Watkins or any other image on this website will be prosecuted to the full extent of the law governing this contract (see below). Substantial damages will be sought, which go beyond the usage fees involved in licensing images. If an image you purchase is used in an unauthorised way, either directly by you or by third parties who source the image from you, you will do everything reasonable within your power to assist us in finding out how the unauthorised use occurred and who was responsible.

Change of terms
The terms within this contract may be varied at any time without you receiving prior notice.

Governing law and interpretation
This agreement and contract will be governed by the law of England and Wales.