Terms & ConditionsBelow are my standard terms and conditions for the pictures purchased of me
These terms and conditions of use (‘terms’) constitute a legal agreement between you and nineteen80one.com. Purchase of pictures or products purchased from nineteen80one.com ("Photographer") website constitutes your acceptance of the terms.
Terms and Definitions
(a) picture includes a photograph, images, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction;
(b) reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means;
(c) the Photographer (otherwise known as Andrew Winnicki of nineteen80one.com) is the Author of the photograph or the Photographer.
(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party).
(f) These terms and conditions represent the entirety of the agreement between the Photographer and the Client. Any variation is only applicable when agreed in advance and in writing.
Copyright and Ownership of Materials
(a) The entire copyright in the pictures is retained by the Photographer at all times throughout the world;
(b) Title to all photographs remains the property of the Photographer;
(c) The Photographer supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client;
Definitions of Usage Rights for purchased pictures
The following terms are used when describing the reproduction rights granted by the
Definition of "Reproduction Rights":
The following terms are used when describing the reproduction rights granted by the Photographer to the Client:
(a) The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(b) The right to use the pictures on social media sites (Facebook, Intragram, Twitter, etc.) with credit to the Photographer (preffered in form of a tag handler - @nt80one or @nineteen80one) and/or default "nt80one" logo within the picture;
(c) The right to use to print pictures for your own use; at home, at the office; your own archive;
Any other form of usage (that include distrubution, commercial, advertising, product sale) is not allowed without written agreement.
Liability and Indemnity
(a) While the Photographer takes all reasonable care in the performance of this agreement generally, it shall not be liable for any loss or damage suffered by the Client of by any third party arising from use or reproduction of any picture or its caption;
(b) The Client agrees to indemnify the Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client;
(c) It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the Photographer gives no warranty or undertaking that any such rights, model releases or consents have or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is issued or reproduced by or with the authority of the Client then the Client shall indemnify the Photographer against any loss or damage, proceedings or costs where such rights, releases or consents have not been obtained.
(a) This Agreement shall be subject to and constructed according to English Law and the parties agree to accept the exclusive direction of the Courts of England;
(b) No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
(c) Email communication constitutes a contract in law, unless the Client specifically states they will not accept this and instead provides hardcopy paperwork of all relevant agreements and contracts.
Updated 2nd March 2019