Terms and Conditions
If you want to use our images or any other material of ours, you need to enter
into a Licence Agreement with us. The terms of this License Agreement are shown
below:
License Agreement
Definitions
| Web Site: |
The web-site hosted under the domain name
www.badgerland.co.uk. |
|
Site Owner: |
Red House Consultancy Services Ltd. |
|
Photographer: |
Simon Edgar Flory (unless otherwise identified by the Invoice). |
|
Client: |
The person or organisation that is responsible
for the payment of license fees as identified on the Invoice.
For example: advertising agency, headteacher, charity or trustee,
company or manager, |
|
Licensee: |
The organisation that will be using Licensed
Material as identified on the Invoice.
For example: school, charity, company, government department or
government agency. |
|
Licensed Material: |
The photographic images, cartoons, line drawings, sketches,
paintings, word finders, crosswords, quiz questions and answers,
advice notes, lesson plans and any other material as identified on the Invoice. |
|
Invoice: |
An Invoice that details the use of particular items of Licensed
Material from The Site Owner. |
About this Agreement
This is a License Agreement between the Client, the Licensee, the Site
Owner and the Photographer.
This License Agreement governs the terms by which a Licensee obtains the
right to use Licensed Material provided by Web Site.
This License Agreement is in addition to the Usage Policies applicable to
the Web Site (as published on the Web Site).
In the event of any inconsistency between this License Agreement and the
Usage Policies (which is incorporated into this Agreement by reference), the
terms of this License Agreement shall apply.
Copyright
The Licensed Material is subject to copyright protection.
All copyright and all other related rights are 100% owned by the
Photographer or the Site Owner.
The Photographer has authorised the Site Owner to license the right to
use Licensed Material.
Neither the Client nor the Licensee shall acquire any copyright or any
other ownership rights whatsoever to the Licensed Material.
Acceptance of this Licence Agreement
In buying or making use of Licensed Material from the Site Owner, the
Client agrees to all the terms of this Licence Agreement without
reservation.
In agreeing to the terms of this Licence Agreement, the Client does so on
behalf of themselves, as well as the Licensee, their representatives,
successors, assigns, agents and affiliates.
Rights to Use Licensed Material
The Site Owner grants to the Licensee a non-exclusive, non-transferable
right to use Licensed Material, subject to the restrictions set forth in
this License Agreement.
The Client does not acquire the right to use Licensed Material, unless
they are co-named as Licensees.
The Client does not acquire the right to license or otherwise allow any
Licensed Material to be used by any of their other clients, representatives,
successors, assigns, agents or affiliates.
The Licensed Material may not be sold, rented, loaned, given,
sublicensed, or otherwise transferred to any third party and nothing shall
grant or purport to grant to any third party a right to use or duplicate any
Licensed Material. The Client or the Licensee agree to take all commercially
reasonable steps to prevent third parties from duplicating or distributing
the Licensed Material.
The only Licensed Material which may be “published electronically” shall
be Size Band "Small" and Size Band "Medium".
The term “published electronically” includes:
- Placing Licensed Material on the internet (otherwise known as
the world-wide web),
- Making Licensed Material easily accessible to users on an
intranet or an extranet, FTP server, file sharing or download service
- Embedding Licensed Material in distributable computer files
(such as documents or compressed ZIP files),
- Placing Licensed Material on CDs or DVDs or other media which
are designed to be or are attached to newspapers, magazines or other printed
media.
- Placing any CD or any Licensed Material on computer or other
storage device, which is accessible by more than one user at a time via a
network connection or otherwise.
Payment and Fees
Payment must be made before any Licensed Material is release by the Site
Owner to the Client or the Licensee.
Precise Fees for the right to use each item of Licensed Material are
identified on the Invoice.
Fees are based on the Usage Band which the Licensees activities fall
into, combined with the Size Bands of the Licensed Material. Generally,
licensing larger images will result in high fees, as will using Licensed
Material over wider areas.
The Site Owner may also offer Special Value License Packs for certain
Usage Types, Size Bands or Licensees.
Usage Periods
Except as specified in the next clause, unless specifically stated
otherwise in the Invoice the Licensee is granted the right to use the
Licensed Material identified on the Invoice for a period of 12 months
starting from the Date of the Invoice.
However, in the case of Licensed Materials nominated, designed or agreed
for use within a periodical, each individual item may be used once, but the
Usage Period may be extended until every item has been used, even if the
elapsed period exceeds 12 months.
The Site Owner shall have the right terminate any one or more clauses of
this Licence Agreement before 12 months have elapsed if the Client or the
Licensee is in breach of any term of this agreement.
Usage Bands
The right to use Licensed Material is subject to pre-determined Usage
bands.
The choice of Usage Bands is as follows:
- Band A - Low Usage Category
- Band B - Medium charity, commercial education or small
company
- Band C - Local media, large charity or medium company
- Band D - Regional media, very large charity or large
company
- Band E - National media, Government department or agency
or very large/PLC company
- Band F - Cover publications in all bands by a single
Licensee
Buying the right to use Licensed Material in Usage Bands A to E, allows
you to publish Licensed Material in the areas defined by that Usage Band
only. If you wish to use Licensed Material in a different Usage Band, you
will need to pay additional fees for that extra Usage Band, or request an
upgrade to Band F.
Full details of these Usage Bands are given at the end of this License
Agreement in the Appendix A - Usage Bands section.
Size Bands
The right to use Licensed Material is subject to pre-determined Size
bands.
These are based on the number of pixels of the largest dimension (either
width or height).
The choice of Size Bands is as follows:
- Band "Screen" - from 200 to 600
pixels maximum.
- Band "Small" - from 601 to
1024 pixels maximum.
- Band "Medium" - from 1025
to 1600 pixels maximum.
- Band "Large" - from 1601 to
3000 pixels maximum.
- Band "Extra Large" -
from 3001 to 6000 pixels maximum.
- Band "Document" - documents and other material which
is not supplied as pixellated images.
Full details of these Usage Bands are given at the end of this License
Agreement in the Appendix B - Size Bands section.
Permitted use of the Licensed Material
The Licensed Material MAY be used in the following ways:
- Print editorials, newspapers, magazines, newsletters, brochures,
reports, catalogues, greeting cards, calendars, advertising materials,
educational materials, posters or books.
- Licensed Material from Size Band "Screen" may also be used on Web
sites, CD-ROMs, screensavers, electronic greeting cards, provided that
no Licensed Material is published at a size whose maximum resolution is
or would be greater than 600 pixels.
Subject to the Copyright Notices/Photo Acknowledgements section, the
Licensed Material may be incorporated into other works (such as newsletters,
magazines, newspapers, books and presentations).
The Licensed Material MAY NOT be used in any pornographic, defamatory,
libellous, untruthful or unlawful manner or any other use which would cause
substantial offence.
Duration
The Client and the Licensee agree to destroy all digital files and all
copies they have made of the Licensed Material within one week of
reproduction. If the Licensed Material was sent on CD-ROM, all CD-ROMs must
be returned in undamaged condition within thirty days of their receipt.
Liability
The Photographer warrants that any photographs of his are his own
original work; and that he is able to license their use.
The Client and the Licensee agree to indemnify and hold the Site Owner
harmless against any damages or liability of any kind, claims, and expenses,
including reasonable legal and court fees, arising from their use of
Licensed Material.
Neither the Photographer nor Site Owner shall be liable for any indirect,
consequential, punitive, or incidental damages arising out of the use of, or
the inability to use, the Licensed Material, even if they have been advised
of the possibility of such damages. In no event shall the Photographer or
the Site Owner have liability (whether in tort, contract, or otherwise)
arising out of or relating to use of the Licensed Material or inability to
use the Licensed Material exceed the fees paid for the use of the Licensed
Material.
Warranty
The Site Owner warrants that for the period of 90 days, from the Invoice
date, the purchased Licensed Material will, when properly used, be capable
of performing substantially in accordance with the associated documentation.
The Sole and Exclusive Remedy is that the Site Owner shall either (at its
sole option) repair or replace any defective Licensed Material or refund any
amounts paid for the use of the Licensed Material. Such repair or
replacement may include providing additional copy of the Licensed Material
on CD-ROM, sending such Licensed Material by email or making it available
for download by the Client for a limited period on a web-site.
THE SITE OWNER HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS, IMPLIED
OR ARISING BY LAW, WITH REGARD TO THE CD AND ANY LICENSED MATERIAL,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
The Licensed Material is provided as is, under the guarantees provided
above. All risks related to the results or performance of the Licensed
Material are assumed by the Client.
Copyright Notices/Photo Acknowledgements
In the case of non-photographic Licensed Material, a copyright protection
credit must appear adjacent to where Licensed Material is being used:
© “Year of Publication” www.badgerland.co.uk.
All Rights Reserved
In the case of photographic Licensed Material (such as photographic
images), a copyright protection/picture credit must appear along with those
of other photographers/writers:
© “Year of Publication” Simon E Flory.
All Rights Reserved
In the case of Licensed Material which is incorporated into other works,
a copyright protection credit must appear along with those of other
photographers/writers/contributors which identify where the Licensed
Material has been used:
© “Year of Publication” www.badgerland.co.uk.
All Rights Reserved
Alterations
Client will not make or permit any substantive alterations, additions, or
subtractions in respect of the Licensed Material.
Default
In the event of non-payment or other breach of this Agreement by Client
or the Licensee, the Client shall pay all of the Site Owner’s costs and
expenses incurred in connection with enforcement of the terms of this
agreement, including reasonable legal and court fees.
Right of Inspection
The Site Owner has a right to inspect the use of any Licensed Material
produced by the Client or the Licensee.
Governing Law
This Agreement shall be governed by the laws of England.
Usage Bands
What we charge for licensing our images depends on:
- Whether the image will be used nationally, regionally or locally
- Whether you are a small, medium or large registered company or registered charity
or a government department
- Whether you are a non-profit or commercial educational institution
- Whether you are a low-usage personal user
- How large an image you need (web, small, medium, large or extra large).
First you need to decide which Usage Band you fall into. Our Usage Bands
are listed below:
Band A - Low Usage Category
Only for very small organisations, non-profit education or
personal use
| Description |
Example |
Limitations |
Small Charity
(annual income less than £50,000) |
e.g. Local Badger Group |
Up to 500 prints or 5,000 web impressions.
Presentation may be given by up to 5 speakers. |
Small Non-Profit
(annual income less than £50,000) |
e.g. Local School Club |
| Personal Use (such as a PowerPoint presentation) |
e.g. Speaker at the WI |
Teaching in a Non-Profit School or College
(i.e. most state-funded schools) |
e.g. Calder High School |
Band B - Medium charity, commercial education or small company
| Description |
Example |
Limitations |
Medium Charity or Non-Profit
(annual income less than £200,000) |
e.g. Badger Trust |
Presentations may be given by up to five speakers.
If used in published print media, Band C/D/E/F applies. |
Teaching in a For-Profit School,
Commercial Training Organisation,
Private/Public School or University |
e.g. Harrow, Eton, etc |
Small Company
(Turnover less than £500,000) |
e.g. Wildlife Consultant |
Band C - Local media, large charity or medium company
| Description |
Example |
Limitations |
| Local (single town/conurbation) Newspaper |
e.g. Halifax Courier |
If used in published Regional or National print media, Band D/E/F applies. |
| Local (single town/conurbation) Magazine |
|
Large Charity or Non-Profit
(annual income less than £1,000,000) |
e.g. Local Wildlife Trust |
Medium Company
(Turnover less than £2,500,000) |
|
Band D - Regional media, very large charity or large company
| Description |
Example |
Limitations |
| Regional/County Newspaper |
e.g. Yorkshire Post |
If used in National print, Band E/F applies.
Use covers a single newspaper, magazine, government department, government agency or company. |
| Regional/County Magazine |
e.g. Lancashire Life |
Very Large Charity or Non-Profit
(annual income more than £5,000,000) |
e.g. National Trust |
Large Company
(Turnover more than £2,500,000) |
e.g. British Aerospace |
Band E - National media, Government department or agency or very large/PLC company
| Description |
Example |
Limitations |
| National/Nationwide Newspaper |
e.g. Daily Mail |
Use covers a single newspaper, magazine, government department, government agency or company. |
| National/Nationwide Glossy
Magazine |
e.g. Radio Times |
| Government Department and related agencies |
e.g. DEFRA |
Band F - Cover publications in all bands by a single Licensee
| Description |
Example |
Limitations |
| Covers use in multiple publications in all Bands A to E |
e.g. Government campaign with adverts in
Daily Mail, Independent and Guardian |
Ideal for national campaigns in which different print publications will be used. |
Sizing
The items we license come in a range of sizes. Generally, the larger the image the more it will cost to license it from us.
We have placed our images into certain bands. These are generally based on the number of pixels used on the largest dimension (either width or height).
Band "W-Web" - from 200 and 600 pixels maximum
Ideally suitable for use within screen-based presentations - such as in PowerPoint presentations, web-sites and low-resolution TV-type displays.
Band "S-Small" - from 601 and 1024 pixels maximum
Also good to use for screen-based presentations and small printed images - such as small "filler" sketches or photos in newsletter and leaflets.
Band "M-Medium" - from 1025 and 1600 pixels maximum
These are excellent for large-screen presentations and photos printed in newsletters and leaflets.
Band "L-Large" - from 1601 and 3000 pixels maximum
Generally, these are very good photographic images which can be used with impact in newsletters and leaflets; and educational guides. They can also be printed on
genuine photographic paper and used as displays at events such as fundraising days and badger-awareness talks.
A 2400-pixel wide image looks superb when printed as a "standard" 10 by 8 inch print.
Generally, these are superb photographic images which can be used with great impact when printed on genuine photographic paper and used as posters at events
such as fundraising days and badger-awareness talks.
A 3600-pixel wide image looks superb when printed as a "standard" 16 by 12 inch print; and can even be printed as a larger poster.
Band "D-Document" - documents which are not based on pixel-based measurements
Generally, these are documents such as bookmarks, word finders, crosswords, lesson plans, advice notes which can be used at events such as fundraising days
and badger-awareness talks; as well as being incorporated into teaching sessions and being inserted into other material.
These are generally designed to be printed on either A4 portrait or A4 landscape formats; and will be supplied as Adobe Acrobat PDF format files.
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