TERMS & CONDITIONS

GUIDE TO USE OF IMAGES (KEY LICENSE TERMS)

Downloaded images remain the copyright of the Photographer and are licensed for customer use as per the Terms and Conditions of use.  These include the following key License Terms which are highlighted here as a customer guide:

  1. images are licensed for one (single) use only of each downloaded image for 1-year license term from download
  2. pixel size ordered is the maximum permitted reproduction size
  3. images are licensed for internet (web) uses only in the customer's stated URL
  4. printed uses are excluded
  5. all uses to be credited with the attribution "Photo: ©Stephen Robinson / WILDFOTO"
  6. license and use is not transferable
  7. please see all Terms & Conditions below
  8. making an order is confirmation that the customer has read, understood and agreed to the terms
  9. help - please send any queries to email <wildfoto(at)wildfotoafrica.com>

 

REPRODUCTION & USE LICENSE TERMS & CONDITIONS –  MANAGED RIGHTS

TERMS AND CONDITIONS OF SUPPLY FOR STOCK PHOTOGRAPHY & ASSIGNMENT STOCK PHOTOGRAPHY

SUPPLIED BY STEPHEN ROBINSON / t/a WILDFOTO FOR MANAGED RIGHTS LICENSED USE IN INTERNET,

PRINTED MATERIALS, EDITORIAL AND OTHER LIMITED SPECIFIED USES - June 2018 [rev3]

  1. TERMS & CONDITIONS:

Except as may be amended by any particular written terms of quotation or agreement these standard terms and conditions shall be the terms and conditions applicable to all trade, offers. quotations, orders, licenses, agreements or contracts to/with the Client licensee (User).

  1. PHOTOGRAPHER & USER:

WILDFOTO and WILDFOTOAfrica are trading names used by Stephen Robinson (the Photographer) on a "trading as" basis.  The Photographer may from time to time nominate in writing and amend in writing his representative or agent in any trading arrangement, order or contract and the User licensee shall act on any written authority or amendment thereof given by the Photographer with regard to such representative's authority to act and to receive payments on the Photographer's behalf.

  1. RATES & PRICES:

Any fee (License Fee) due under any Reproduction & Use License (License) for Stock Managed Rights (MR) for photography & materials work (Images & Materials) are at the Photographer's current standard Stock price rates, nett.  A discount of 20% on those price rates is applicable for Assignment Stock clients only.  WEB images (as defined in the above Reproduction and Use License Fee Price List) are also made available for download from WILDFOTO Stock and these are priced at the discounted rates offered on the WILDFOTO website at WILDFOTO Stock

  1. PAYMENT:

Payment is due upon issue of provisional, interim or final invoice and tax invoice is issued upon receipt of payment.  Payments shall be made to "Stephen Robinson" or to his representative nominated in writing by the Photographer.  Any failure to make full payment shall terminate all User rights hereunder and shall terminate any obligation the Photographer may have to provide or continue to provide any rights or License.

  1. PRINTED USES:

In the case of Images and Materials licensed for the User's hard-copy printed or other reproduction, publication or distribution uses, the User's rights to use the licensed Images and Materials shall be for only the period/s noted in the License and all such period/s and licensed rights shall commence only upon the Photographer's written confirmation of his receipt of payment and shall cease automatically upon expiry of that period/those periods.

  1. DIGITAL INTERNET USES:

In the case of Images and Materials licensed for the User's internet-based uses, publication or distribution (including all uses on or in any digital media, websites, social media, digital advertising, digital communications including email and all other internet-based media or platforms) the licensed rights period shall be for 12 months from Commencement Date and shall be extendable or renewable for further periods of minimum 12 months each. 

  1. RIGHTS & USES NON-TRANSFERABLE:

All Licenses issued and rights are non-transferable and shall not be sold, rented, sub-licensed, loaned or gifted to any third party.  The Images and Materials shall not be distributed or transferred to any third party.

  1. STORAGE LIMITATIONS:

For the period of the License only, the User may store the licensed Images and Materials on an internal and properly secured computer or network subject to appropriate limitations on access thereto.  Within 14 days after expiry of the License period/s the User shall without fail delete and destroy any digital versions and copies of the images and materials.

  1. OWNERSHIP & COPYRIGHT AND ALL RIGHTS RESERVED:

All Images & Materials (incl. images, all image files, transparencies, negatives, prints, digital files, concepts, designs, artwork, written articles & captions etc) are and shall remain the sole property and copyright of photographer and are not subject to copying, publication, distribution, supply, loan, transfer or gifting in any form except as specifically permitted and in the form/s provided for in the License.  ALL RIGHTS ARE RESERVED.

  1. LIABILITY FOR USE:

The Photographer will warrant to the user by his issue of a Reproduction & User License or other user authority that he is the sole owner and copyright holder of the same.  The User shall be liable to any third party for the use and manner of use of the images and material supplied under License and the User shall be solely responsible for determining if such use requires the consent of any third party and for obtaining such consent (for example but not limited to any necessary Model Releases or Property Releases) and the User shall provide to the Photographer upon request any evidence of such determination and consent.  In the event of any error or alleged misrepresentation by the Photographer in this regard the Photographer's liability shall be strictly limited to the amount of the fee or applicable part thereof charged.

  1. ALTERATIONS:

Images, artwork or other work supplied shall not be altered or manipulated, added to, or have any part deleted without the Photographer’s prior written consent.  IMPORTANTLY this applies in particular to all credit line and copyright markings on or applied to the licensed Images & materials.

  1. MANAGED RIGHTS (MR):

Upon payment the Client is granted a limited License for use of proofs for his own in-house private review and selection purposes only.  Any rights granted shall commence and be effective only upon and not before the Photographer's written confirmation that a License is effective or other written use of proofs authority.

  1. LIMITED LICENSE AND EXTENSIONS:

The Photographer's written confirmation of receipt of all payments due shall constitute written confirmation that a License is effective as provided herein and in any related written confirmation.  The User's uses of the Images and Materials supplied for any purpose beyond the Use/s or period/s stated in the License are subject to additional PRIOR quotation, payment and License at the standard rates as per the Photographer's price list current at the time of such extension unless stated otherwise in writing.  No rights to any uses other than those stated in the quotation or License are given or implied.  Licenses and Licensed use right are not transferable.  Licenses and Licensed use rights are supplied only to the Licensee/s named in the License and shall not be made available to or transferred to any other party whether an associate of the Licensee or not.

  1. CREDIT LINE & COPYRIGHT MARKING:

Credit of the Photographer’s name & copyright shall be included in each and every use by a clear credit line and copyright mark added adjacent to every printed, digital or other use of the Images and Materials with the credit line and copyright mark:  "PHOTO: ©Stephen Robinson/WILDFOTO".  Specifically and IMPORTANTLY any such credit and copyright marking shall not be omitted, altered nor removed from any supplied image or from any use of such image.  Any failure to properly add and maintain or to require to be added and maintained such credit line and copyright mark as above shall result in a surcharge of an additional 100% of the amount of the License Fee plus the Photographer's admin and collection costs which shall be due upon issue of invoice or demand.  In addition the user shall correct any omission in this regard immediately upon written request.

  1. COPY OF ALL USES:

The User shall supply to the Photographer free of charge one copy of the publication containing the Images and Materials used under license and in the case of digital uses full details of the relevant URL and any access codes, keys or passwords necessary to access the same or to download the same.

  1. MISUSE & REMEDY:

Any breach of the above terms and conditions which may constitute a breach of copyright or other misuse (which shall include making, enabling or allowing any unauthorised use, copying or distribution of any of the Images and Materials and any unlicensed use or use outside these terms and conditions) shall be subject to an additional surcharge of 100% of the standard or quoted License Fee plus the Photographer's costs and such surcharge shall be without prejudice to the Photographer's rights under these terms and elsewhere.

PRIVACY POLICY

All customer data entered into the website is secured by the website SSL.  Your data is not disclosed to any third party.  You may require our deletion of your data by making an email request to <wildfoto(at)wildfotoafrica.com>.

WILDFOTO is the registered trademark of Stephen Robinson

registration ref no:  30 2021 210 019