Terms and conditions

Use of this website
1. By using this website you agree to the terms and conditions of use set out here, including as to the purchase of prints and electronic images. If you do not agree with any term or condition then you are not authorized to access this website and should navigate away from it immediately.
2. If you wish to purchase any prints or electronic images from this website you must be at least eighteen years old. For users younger than eighteen years, orders will only be accepted from a parent, guardian or other responsible adult carer.
3. This website and all the images on it are and remain the property of and copyright ©Susan Young. You must not without express permission download, publish, reproduce or otherwise copy this website or any image held here. In particular you must not place any image on an electronic bulletin board, corporate intranet or the internet, or copy or paste any image for the purpose of emailing it or otherwise.
4. We have no control over, and accept no liability for, the content or otherwise of any website linked to or linking to this site.
Prints and electronic images – general
5. Unless otherwise specified at the time of order prints are supplied for personal use only and for display in a private household.
6. Prints or electronic images supplied for commercial or press purposes are supplied for the purpose agreed at the time of purchase and no other.
7. Prints or electronic images must not be used in any circumstances or for any purpose that might be defamatory, pornographic, obscene, indecent, immoral or otherwise unlawful.
8. We do not offer any licence or warranty with regard to, or in respect of the use of, likenesses, names, people, trademarks or copyrights which may be depicted in any print or electronic image.
9. In the event we grant you permission to reproduce any print or electronic image you must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not defamatory, pornographic, obscene, indecent, immoral or otherwise unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any print or electronic image.
10. You agree to indemnify us in respect of any claims, damages, costs or expenses incurred by us arising from the use of any print or electronic image we supply to you.
11. Any use of a print or electronic image requires a licence to be purchased from us. The initial purchase of a print or image will include a licence or licences for the use or uses agreed at the time of purchase. Any subsequent proposed use will require separate permission and the purchase of a further licence or licences as appropriate. For example, if you wish to use further the image of a print that you have already purchased, perhaps for a website, you will need an additional licence (and in this instance to purchase the electronic image).
12. A licence to use a print or electronic image does not mean that you own the image depicted, but that you have permission to use it as specified. The property in the image, and in particular its copyright©, remains at all times with Susan Young.
Prints for personal use
13. Prints of any image can be ordered by completing the orders page online. If you do not wish to provide your details on the system, please email us to request an order form.
14. Payment by cheque can be made by posting full payment to Susan Young at Bennils, Stocking Pelham, Buntingford, Hertfordshire SG9 0JA. Payment by credit card can be made by completing the required details online. All transactions are processed in pounds sterling.
15. Prints must not be photocopied or otherwise copied or reproduced in any way.
16. Delivery policy. Orders will be dispatched within 28 days of receipt of order or, if payment is by cheque, within 28 days of receipt of cheque. If for some reason it is not possible to dispatch your order within this time period we will contact you direct and discuss the timing of delivery. Payment must include the amount indicated by the orders page for postage and packing. Delivery in the UK will be by first class post unless otherwise agreed. For delivery outside the UK, please contact us to discuss method of delivery and delivery cost.
17. Returns policy. Please choose carefully as refunds may not be given on prints due to the custom nature of the product. If you do have any queries please contact me to discuss your options. Your statutory rights are not affected.
Commercial or press use
18. Please contact us if your order is urgent, including for commercial or press use.
19. We will be happy to discuss alternative methods of delivery, including by email, CD or FTP etc.
20. Where an electronic image is purchased for commercial or press use payment may be made up to 14 days after the receipt of our invoice. Payment by cheque can be made by posting full payment to the above address.
21. We can manipulate electronic images at your request.
22. If you do not pay in accordance with these terms then we will charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
23. Delivery policy. Subject to your requirements, electronic images will usually be dispatched on CD by post within 7 days of receipt of your order. Where delivery is by post, payment must include the amount agreed for postage and packing. Delivery will be by first class post unless otherwise agreed.
Reproduction of electronic images
24. The reproduction by whatever means of the whole or any part of any electronic image (including but without limitation slide projection, artist’s reference, artist’s illustration, layout or presentation) is strictly forbidden without specific written permission. This includes alteration, manipulation, addition to, or deletion of any part. You must inform us of your proposals as to when and how an electronic image is intended to be used. We will then consider whether to grant a licence for such proposed use and, if so, on what terms.
25. No right to reproduce an electronic image is guaranteed by virtue of the delivery of the image unless expressly indicated. You may only reproduce an electronic image if:
(a) we agree licence terms, and
(b) unless agreed otherwise our invoice relating to the grant of such right has been fully paid.
26. Any reproduction before payment of our invoice or outside the terms of a licence will be a breach of copyright and a breach of these terms and conditions, which will entitle us to the return of all electronic images and to claim damages and legal costs.
27. Reproduction rights, if granted and unless otherwise agreed in writing, are subject to these terms and conditions and any additional terms and conditions agreed with you by a licence and are non-exclusive reproduction rights for single use only in the United Kingdom. A single use means a reproduction in one size for one edition of a single publication, published in one language only, strictly limited to the use, period of time and territory stated in the licence agreed with you, personal to you and not assignable by you to any third party.
28. If we agree that you may license the use of any electronic image to any third party, you will be required to enter into an agreement with such third party to ensure that it is bound by licence terms restricting printing, copying, networking, multiple access or any other use of such images to personal use only, forbidding the assignment, resale, rental and lending of such image and ensuring that such image is attributed copyright ©Susan Young.
29. You must attribute each electronic image licensed for use as taken by Susan Young every time it is used whether in print or electronic form. If you fail to make such attribution we will charge you an additional 50% of the original agreed licence fee.
30. You must provide us on publication with one complimentary copy of any publication in which the reproduction of an electronic image appears and notify us of any internet address at which such image is posted.
Digital use of electronic images
31. Electronic images are our valuable property, as are any digital copy images created from such images.
32. You must not create, store or transmit copy images without our express permission except in so far as that is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:
(a) Each copy image created by you shall be recorded and labelled with the image reference number used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
(b) You agree to destroy all copy images including any pre-press or pre-production copies of the images and any copies or records of the images held on a database within 90 days of the date of receipt of the images or completion of the maximum production run, or expiry of the licence term, whichever is later.
Privacy, data protection and your personal details
33. If you place an order for a print or an electronic image then you will have to supply your name, address, email and other details (as appropriate) in order for us to arrange delivery. By placing an order you give your express consent for the processing of your personal information for the purposes of completing and delivering your order, including any necessary associated administration and accounting processes.
34. The technical operation of the ordering system on this website is managed by a third party, everybodysmile. When you place an order, your personal details will be collected by everybodysmile as part of the process of administering your order and then transferred to us. Like us, everybodysmile is required to have in place adequate security to protect your personal data and is subject to UK data protection laws.
35. We will not in any circumstances sell, disclose or otherwise provide your personal information to any other third party except where we are required to do so for legal reasons, including for tax and accounting purposes, the reporting of crime or as required by a court order.
36. We may contact you by email concerning deadlines for ordering prints or electronic images from certain events, or in relation to the completion of any order placed.
General
37. We are not liable for any loss or damage suffered by you or by any third party arising from the use or reproduction of any print or electronic image, including any caption you give it.
38. Our liability for any breach of these terms and conditions in the supply of a print or electronic image or otherwise is limited to the licence fee paid by you.
39. Any licence granted will terminate immediately if you:
(a) die,
(b) enter into voluntary or compulsory liquidation,
(c) have a receiver appointed, or
(d) fail to perform any of your obligations under these terms and conditions within 28 days of our giving you notice to comply.
40. In the event of the termination of a licence, all rights and licences granted will immediately revert to us and any further exploitation of any print or electronic image will be a breach of copyright and these terms and conditions.
41. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your public display of any print or electronic image will vest in us and you will assign all such rights arising to Susan Young.
42. Any failure by us to exercise or enforce any of our rights will not be deemed to be a waiver of such rights or bar their exercise or enforcement in the future.
43. Should any disagreement arise between us concerning the use of a print or electronic image under these terms and conditions or otherwise we agree that we will try to settle it in the first instance by a mediation procedure recommended by the British Photographers' Liaison Committee.
44. These terms and conditions are governed by the laws of England and Wales. You and we agree to submit to the exclusive jurisdiction of the English courts in the event of any dispute under them.
45. This web site, the images posted on it, and these terms and conditions of use are copyright ©Susan Young 2011.

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