Terms & Conditions
Welcome to Flynet Pictures. Your use of this site constitutes your acceptance of the Terms. If you do not agree to the terms, please do not use this site.
1. In these terms and conditions the following definitions shall apply:
a) “The Customer” means any person, firm or company who negotiates with or contracts to take on loan, or to purchase any rights or licenses to the Content of Flynet Pictures.
b) “Content” includes but is not limited to text, graphics, photographs, moving images and illustrations owned by Flynet Pictures, its licensors or its third-party partners.
c) “Reproduction” includes any form of publication or copying, of the whole or part of any Picture and whether or not altered whether by printing, photography, slide projection (whether or not to any audience), xerography, artists reference, artists illustration, layout at presentation, electronic or mechanical Reproduction or storage by any other means, and “to Reproduce shall be construed accordingly.
2 All elements of this site, including, but not limited to, the general design and the Content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written license or agreement with Flynet Pictures, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Flynet Pictures, its licensors or its third-party image partners. You shall indemnify Flynet Pictures, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Content or Site.
3 This Site and its Content are intended for customers of Flynet Pictures. You may not use this Site or the Content for any purpose not related to your business with Flynet Pictures. Any use of the Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by Flynet Pictures for use of this Site.
4 The conditions apply to all orders, supplies and Reproductions of Content from or by Flynet Pictures, and shall apply in place of and prevail over any terms and conditions contained or referred to in the buyer’s order or correspondence or elsewhere or implied by trade practice or course of dealing. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
5 If any use of the Content shall give rise to publication right (as defined in the draft Publication Right and the Duration of Copyright in Performances Regulations 1995) or to any similar rights in the United Kingdom or in any other country those rights shall belong exclusively to Flynet Pictures. The Customer undertakes to do all such things and to procure that any third parties in whom such rights may otherwise vest do all such things and sign and execute all such documents as may reasonably be required to vest all such rights exclusively in Flynet Pictures.
6 Content is supplied to the Customer by way of loan only. No property or copyright in any Content shall pass to the client whether on their submission or on Flynet Pictures’s grant of Reproduction rights in respect thereof.
7 Flynet Pictures may charge a non-refundable service fee to cover research, administration and standard postal delivery of analogue Content payable by the Customer on each submission and resubmission of Content whether or not Reproduction rights are required or granted. The fee charged will be based on Flynet Pictures’s standard rates for the work involved, but will not be less than Flynet Pictures’s minimum service fee at the date of the order.
8 Flynet Pictures shall deliver the Picture to the Customer according to the Customer’s instructions. Where instructed, non-standard postal deliveries shall be made at the Customer’s cost.
9 The Customer may reproduce the Content only:
a) with the prior written consent of Flynet Pictures and
b) after payment of the appropriate Reproduction fee
10 Possession of the Content does not constitute consent to reproduce it. The Customer must notify Flynet Pictures of the intended use of the Content. Flynet Pictures may, at its discretion, then grant consent to the Reproduction by letter or by electronic mail or by invoicing the appropriate Reproduction fee and such consent shall be subject to any terms expressed therein.
11 a) until Flynet Pictures has invoiced the Reproduction fee neither party is committed to grant or to acquire any Reproduction rights in any Picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Flynet Pictures is committed to grant Reproduction rights and the Customer to acquire them. If after such invoicing but before payment the Customer requests cancellation of the Reproduction rights Flynet Pictures may in its discretion cancel subject to the client paying a cancellation fee.
b) The Customer’s right to Reproduce a Picture arises only when Flynet Pictures’s invoice relating to the grant of such right is fully paid. Any Reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Flynet Pictures to rescind the Agreement and rendering the Customer liable to payment of damages.
c) The Customer agrees to indemnify Flynet Pictures in respect of any claims or damages or any loss or costs arising in any manner from the Reproduction rights of any Picture supplied to the Customer by Flynet Pictures. This also includes the case where, if any third party reproduces any Content loaned to the Customer, the Customer shall, without prejudice, pay Flynet Pictures all the fees which that third party would be liable to pay to Flynet Pictures had the third party borrowed and reproduced the Content pursuant to these terms.
12 Unless otherwise agreed in writing by the parties, Reproduction right for the Content granted by Flynet Pictures shall:
a) Not be exclusive to the Customer except when specified on the invoice.
b) Be exercisable only by the Customer and shall not be assigned without the prior written consent of Flynet Pictures, nor may any Content submitted to the Customer be loaned or transferred to third parties save for the purpose of the exercise by the Customer of such Reproduction rights.
c) Be limited to the precise use, period of time and territory specified on Flynet Pictures’s invoice, and relate to a single publication in a single size with text (if any) in one language only, unless otherwise agreed in writing.
d) Any Reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
e) The Customer shall pay all invoices within 14 days save in the case of newspaper, periodical and broadcasting clients where payment shall be made no later than the end of the calendar month immediately succeeding publication or at use.
f) If payment is not made in accordance with a) above then Flynet Pictures may rescind this agreement and recover damages, or charge interest at 2% per month on the overdue amount.
13 Flynet Pictures does not warrant the accuracy of any description of Content and the identification of persons appearing in them and therefore the Customer:
a) Shall report any discrepancies to Flynet Pictures immediately on their discovery.
b) Acknowledges that Flynet Pictures shall not be liable to the Customer for any inaccuracies.
c) Shall indemnify Flynet Pictures against any claim, loss or damage arising directly or indirectly from the Customer’s use of the Content.
14 The Customer acknowledges and accepts that because of age and origin of the Content and the images contained therein, Flynet Pictures gives no warranty or rights to the Customer as to:
a) The existence or validity of model or other releases in respect of any Content or image; or
b) The use of names, people, trade marks, registered or copyright designs or works of art depicted in any Picture or image.
c) Moral rights (as set out in chapter IV of the Copyright Designs and Patents Act 1988) relating to the use of the Content.
The Customer shall obtain all necessary releases, rights or consents for all uses and shall indemnify Flynet Pictures against any loss or claims arising from the use of the Content by the Customer or any third party without effective releases, rights or consents arising from any infringement of moral rights relating to use of the Content.
15 All Reproductions of Content shall be credited to “Flynet Pictures” and, if required by Flynet Pictures or by law, the name of the photographer.
16 If any Content reproduced by the Customer omits the credit line specified by Flynet Pictures the Reproduction fee payable by the Customer shall be subject to increase of 50% unless otherwise agreed in writing. The right of a credit is asserted in accordance with sections 77 + 78 Copyright Designs & Patents Act 1988.
17 The Customer shall supply Flynet Pictures immediately upon Reproduction a verification photocopy, sample or description of the product which bears the Reproduction.
18 No addition to, deletion from or alteration to or adaptation of the Content may be made without the written permission of Flynet Pictures.
19 While Flynet Pictures takes all reasonable care in the performance of this Agreement generally, Flynet Pictures shall not be liable for any loss or damage suffered by the Customer or by any third party arising from the use or Reproduction of any Picture or its caption.
20 Failure by Flynet Pictures to exercise or enforce any rights under these conditions shall not be deemed to be a waiver of any such rights at any time or times thereafter.
21 Any notice hereunder shall be deemed to have been duly given if delivered by hand or sent by first class prepaid post, fax, telex or electronic mail to the party at its last known address. Notices and deliveries sent by first class post shall be deemed to have been given two days despatch and notices sent by fax, telex or electronic mail shall be deemed to have been given on the date of despatch.
22 This Agreement shall be subject to any construed according to English law and the parties agree to accept the exclusive jurisdiction of the court of England or, for the exclusive benefit of the plaintiff in the relevant proceedings, the courts of the country of the principal place of business of the defendant in the relevant proceedings.
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