DAVID BLEEKER PHOTOGRAPHY.com - Image download
1.1 These terms and conditions shall govern the sale and supply of downloadable images through our website, and the use of those images.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
(a) "we" means David Bleeker (and "us and "our" should be construed accordingly);
(b) "you" means our customer or prospective customer under these terms and conditions (and "your" should be construed accordingly);
(c) "images" means those images that are available for purchase on our website; and
(d) "your images" means any such images that you have purchased through our website (including any enhanced or upgraded version of the images that we may make available to you from time to time).
3. Order process
3.1 The advertising of images on our website constitutes an "invitation to treat" rather than a contractual offer.
3.2 No contract will come into force between you and us unless you have paid the order in full and downloaded the images.
3.3 To enter into a contract through our website to purchase downloadable images from us, the following steps must be taken: You must add the images you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; once you are logged in, you must consent to the terms of this document; depending on your payment choice you will be transferred to our payment service provider's website, and our payment service provider will handle your payment; we will then send you an order confirmation and download link (at which point your order will become a binding contract)
3.4 You will have the opportunity to identify and correct input errors prior to making your order by adding and or deleting images from the shopping cart and selecting the right licenses prior to check-out.
4.1 Our prices are quoted on our website.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are until further notice not liable to VAT.
5.1 You must, during the checkout process, pay the prices of the images you order.
5.2 Payments may be made via Stripe or Paypal using a Credit or Debit card.
For a company invoice with the option to pay by BACS or IBAN payment you can contact me via the contact details found on my website.
6. Licensing of images
6.1 We will supply your images to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website. This normally is as follows: Unsharpened, Jpeg, 8 bit, Adobe RGB(1998) Any other formats can be requested by email before purchase.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant the chosen license with the selected limitations.
6.3 The "permitted uses" of your images are:
(a) Downloading a copy of each of your images;
(b) Use as in the license description in any off the chosen specific licenses listed in section 7 subject to Size/Position, Distribution, Territory and Duration.
6.4 You agree to contact David Bleeker by email or by phone in the event that you want to expand the usage for the image and pay any additional Licence Fee prior to the expanded use. Use of an Image in a manner not specifically authorised under the terms set out in the Invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright.
6.5 Editing, cropping, modification, adaptation or alteration of any image (or part thereof), and the creation of any derivative work incorporating any image (or part thereof) is permitted as long as any Copyright notice is displayed as required in 8.2
6.6 The "prohibited uses" of your images are:
(a) the sale, renting, transferring or broadcasting of any image (or part thereof), and the licensing, sub-licensing, distribution or redistribution of any image (or part thereof) except in connection with a publication permitted by Section
(b) Incorporating Images or any part of them into a logo, trade mark or service mark. For any such uses you should contact me to discuss a separate license agreement.
(c) Making the image available in any way or distributing it separately or detached from a product or web page.
(d) the use of any download (or part thereof) in any way that is unlawful or in breach of any person's legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
(e) the use of any image (or part thereof) to compete with us, whether directly or indirectly;
providing that nothing in this Section 6.5 will prohibit or restrict you or any other person from doing any act expressly permitted by applicable law.
6.7 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your images.
7.1 All Digital Media
Includes usage by one Company for: Apps, Email promos, Social Media, Website, Blog. Limited to the selected resolution.
7.2 Print Editorial
Editorial use in one of these: Magazine, Newspaper, Book.
7.3 Internal Corporate Use
Unlimited Internal use within one Company including: digital (intranet, presentations etc.) or print. Strictly not for public consumption.
Includes: Direct Mail, Corporate Report/Presentation, Sales Give-away and Business Cards, Calendar or Greeting Card, Brochure (Cover/Interior), Trade-show (Banners/Displays), Digital Media (Web/Social)
Any advertising/advertorial use in: Magazine, Newspaper, Trade Display (Print/Digital), Event Advertising (Programs/Tickets), Digital Media (Web/Social)
7.6 Custom License
Special License Terms i.e. Exclusivity, Extended Terms, Multiple Categories on request.
8.1 No ownership or copyright in any Image shall pass to you by the issue of the Licence.
All intellectual property rights and other rights in the images not expressly granted by these terms and conditions are hereby reserved.
8.2 Unless otherwise agreed in writing, if any Image is reproduced by you for editorial purposes (i.e. for any non-promotional purpose) you must include the following Copyright/Credit line: © David Bleeker Photography.
If a Copyright/Credit line is omitted then an additional fee equal to one hundred percent (100%) of the original amount invoiced attributable to the Image in question shall be payable by you.
8.3 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
8.4 When obtaining a license as an agent e.g advertising agency.
8.4 If you breach any provision of these terms and conditions, then the licence set out in Section 7 will be automatically terminated upon such breach.
8.5 You may terminate the licence set out in this Section 7 of all copies of the relevant images in your possession or control.
8.6 Upon the termination or expiration of a licence under Section 6, 7 and 8, you must, if you have not previously done so, promptly and irrevocably delete from your computer systems and other electronic devices all copies of the relevant images in your possession or control, and permanently destroy any other copies of the relevant images in your possession or control.
9.1 You must satisfy yourself that Releases required for the reproduction of the Image have been secured. You are solely responsible for verifying that available releases for images on this website cover your intended use and/or obtaining all such Releases and the License is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Image usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by David Bleeker.
10. Distance contracts: cancellation right
10.1 This Section 10 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.
10.2 You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:
(a) beginning upon the submission of your offer; and
(b) ending at the end of 14 days after the day on which the contract is entered into,
subject to Section 10.3. You do not have to give any reason for your withdrawal or cancellation.
10.3 You agree that we may begin the provision of images before the expiry of the period referred to in Section 10.2, and you acknowledge that, if we do begin the provision of images before the end of that period, you will lose the right to cancel referred to in Section 10.2.
10.4 In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 10, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
10.5 If you cancel an order on the basis described in this Section 7, you will receive a full refund of the amount you paid to us in respect of the order.
10.6 We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
10.7 We will process the refund due to you as a result of a cancellation on the basis described in this Section 10 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
11. Warranties and representations
11.1 You warrant and represent to us that:
(a) you are legally capable of entering into binding contracts;
(b) you have full authority, power and capacity to agree to these terms and conditions; and
(c) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
11.2 We warrant to you that:
(a) your images will be of satisfactory quality;
(b) your images will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
(c) your images will match any description of it given by us to you; and
(d) we have the right to supply your images to you.
11.3 All of our warranties and representations relating to images are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 12.1, all other warranties and representations are expressly excluded.
12. Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
12.2 The limitations and exclusions of liability set out in this Section 9 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.5 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.5 shall not apply.
12.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 12.6 shall not apply.
12.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12.8 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the greater of:
The total amount paid and payable to us under the contract.
13.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
13.2 A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 The Client will provide the Photographer with a printed copy or PDF of any publication his photographs appear in. For web use a full web address is sufficient.
16. No waivers
16.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
16.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.
17.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
17.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
18. Third party rights
18.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
18.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
19. Entire agreement
19.1 Subject to Section 12.1, these terms and conditions, together with the chosen license agreement and /or separate written agreements, shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
20. Law and jurisdiction
20.1 These terms and conditions shall be governed by and construed in accordance with English law.
20.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of England.
21. Statutory and regulatory disclosures
21.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
21.2 These terms and conditions are available in the English language only.
22. Our details
22.1 This website is owned and operated by David Bleeker.
22.3 Our principal place of business is at 32 Okehampton Close, Finchley, N12 9TY London.
22.4 You can contact us by writing to the address given above, by using our website contact form, by telephone contact number given on our website or by email which is also found on our contact page.