Yak Photo - Terms and Conditions

Terms and Conditions

Please read carefully our terms and conditions before purchasing any of our stock photography
 
Yakphoto is the trading name of the photo library of Yak Media Ltd. All our images are protected by copyright and their usage is subject to our standard terms of business listed below. It is important for you (the client) to read our general terms and conditions which exist for the protection of both you and Yak Media Ltd.

1. All pictures supplied to you from Yak Media Ltd are LOANED. When granted a license to use, this does not mean either property or copyright is then passed to you. All images remain the property of Yak Media Ltd or the original owner. Once the pictures have been used according to the agreed licensing terms, all pictures supplied in digital format should then be deleted from all systems or storage media. If your illustrated item (for example, a book, a brochure, an advert, etc) is reproduced in a new form, a fee shall again be payable for the photographic image shown, irrespective of any previous rights granted.

2.
a) Reproduction rights (if granted) are strictly limited to the use, duration, and territory specified on Yak Media Ltd’s invoice and, unless otherwise agreed in writing, relate to a single publication, in a single size with text or without text. 

b) Exclusive reproduction rights are only granted when previously agreed and when specified on the invoice.  

c) Reproduction rights once granted are personal to you and may not be assigned, nor may any picture once submitted to you by Yak Media Ltd be loaned or transferred to third parties, except for the license granted to you of such reproduction rights. 

d) Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.

3.
a) Until you are in receipt of a reproduction license (in the form of a Reproduction Fee invoice) from Yak Media Ltd, neither party is committed to grant or to acquire any reproduction rights in any picture. Only once a fee has been agreed and a license received by you is there a firm and binding contract in which Yak Media Ltd is committed to grant reproduction rights and you to acquire them. For any additional use of the images a further fee shall be payable and will require prior written consent from Yak Media Ltd. If after invoicing, but before payment, you request cancellation of the reproduction rights then Yak Media Ltd may at its discretion charge a cancellation fee of 50% of the original reproduction fee. Alternatively, if a fee has been agreed and subsequently paid, yet the usage does not go ahead, subject to Yak Media Ltd being informed in writing within 3 months of the invoice date, the fee paid shall be refunded subject to a cancellation fee of 50% of the orignal reprdoduction fee. 

b) Your right to reproduce a picture arises only when Yak Media’s Reproduction Fee invoice relating to the grant of such a right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling Yak Media Ltd to rescind the Agreement and rendering you liable for the payment of damages. 

c) You agree to indemnify Yak Media Ltd in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to you by Yak Media Ltd.

4.
a) Yak Media Ltd’s invoice shall be paid within 30 days of issue. 

b) If payment is not made we will withhold the supply of pictures from you, and we reserve the right to rescind this Agreement and recover damages.

5.
a) Pictures shall not be reproduced, copied, loaned, stored in electronic or digital form or exhibited to an audience without prior written consent from Yak Media Ltd. 

b) Manipulation in any form shall not be permitted without prior written consent from Yak Media Ltd. 

6. We will not accept liability for and you agree not to hold us liable for any loss or damage caused due to incorrect identification of the pictures by us, or any other defect in the pictures. You are responsible for ensuring that the pictures are fit and suitable for your intended use. 

7. In accordance with Sections 77 and 78 of the Copyright Designs and Patents Act (1988) we assert the right to an agency credit line (“Yak Media Ltd”) against any Yak Media Ltd pictures that you reproduce. Reproduction fees will be doubled if we are not credited properly.

8. We require 2 complimentary copies of any printed material that you produce using Yak Media Ltd pictures sent to us, supplied free of charge and without being requested.

9. In the event of unlawful use or reproduction of our pictures, a minimum fee in the sum of five times the usage fee shall be payable without prejudice to any further compensation claims.

10. On your death or bankruptcy, Yak Media Ltd may at any time thereafter inspect any records, accounts and books relating to the reproduction of Yak Media Ltd's pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to you.
Tel: +33 450 54 11 46
Terms and Conditions

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