Terms and Condidtions

YOUR AGREEMENT WITH THE BIGGER PICTURE


GENERAL

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND MISTY LAKE TRADE & INVEST 56 (PTY) LTD TRADING AS THE BIGGER PICTURE (HEREINAFTER CALLED THE BIGGER PICTURE), RELATING TO THE USE OF THE BIGGER PICTURE WEB SITE, DOWNLOADING OF IMAGE FILES FROM SUCH WEB SITE, AND THE LICENSING OF IMAGES BY THE BIGGER PICTURE TO YOU.

When you download image files from The Bigger Picture website or the websites of any of the libraries that we represent, or receive from The Bigger Picture images through any other means, you agree to and acknowledge the terms of this Agreement.

If your actions are on behalf of your employer or another third party, then all the terms and conditions of this Agreement apply to you and your employer or other third party.

Images are not to be used in any manner without expressed permission from The Bigger Picture. All images are licensed under the terms and conditions as specified at the time of purchase. No image licenses are valid until The Bigger Picture has received payment in full. Image usage without prior payment and The Bigger Picture's express written authorisation, is a copyright violation. All rights not specifically granted are retained by The Bigger Picture.

Images are not sold; their use is licensed and they remain the sole and exclusive property of The Bigger Picture and the individual photographer, artist or illustrator.

Images or image files cannot be distributed or re-sold independent from a product and may not be used in a manner allowing permanent storage or re-use by third parties. No licenses may be sublicensed, transferred or assigned. You agree not to make, authorise or permit any use of any image except as specifically set forth here and on the invoice you receive.

Failure to comply with any of the provisions of this Agreement may result in immediate revocation of the license granted.

COPYRIGHT PROTECTION

All images licensed by The Bigger Picture or their photographic suppliers, whether Rights-Protected, Royalty-Free or editorial, are copyrighted and protected under South African and International Copyright laws.

You agree to provide each reproduction of an image with a credit line: photographer's name/The local or international library/The Bigger Picture. The Bigger Picture has the exclusive right to pursue any copyright infringement without regard to the rights granted. In the event that The Bigger Picture, pursues a copyright infringement and receives an award or settlement, its liability to the licensee shall not exceed that portion of the license, if any, paid for conflicting exclusivity.

LICENSE GRANTED FOR RIGHTS-PROTECTED IMAGES

All licenses granted by The Bigger Picture for the use of Rights-Protected images are limited to a period of one year on a non-exclusive basis, for a geographical distribution limited to the country in which the license is granted, unless otherwise specified at time of purchase and specified on your invoice. All rights specifically granted, as specified on your invoice, including but not limited to derivative uses, electronic, CD-ROM, on-line, or promotional rights, are reserved for use and disposition by The Bigger Picture without any limitation whatsoever.

LICENSE GRANTED FOR ROYALTY-FREE IMAGES

All licenses granted by The Bigger Picture for the use of Royalty-Free images, are on a world wide, non-exclusive and perpetual basis, subject to the terms, conditions, restrictions and limitations as set forth in this Agreement, unless otherwise specified at time of purchase and specified on your invoice.

Royalty-Free images may be shared via storage in an image library so long as such images are accessible by no more than ten (10) specific individuals.

If you obtain Royalty-Free images from The Bigger Picture via a CD, you agree to abide by the END USER LICENSE AGREEMENT, available at www.thebiggerpicture.co.za, which will be or has been made available to you along with the delivery of the CD.

LICENSE GRANTED FOR EDITORIAL IMAGES

All Licenses granted by The Bigger Picture for the use of Editorial images are limited to use in South Africa only on a once off, non-exclusive basis, subject to the terms, conditions, restrictions and limitations as set forth in the Agreement, unless otherwise specified at the time of purchase and specified on your invoice.

No model releases exist on Editorial pictures and the responsibility for their use in promotional material rests with the client. You agree to hold The Bigger Picture harmless against any claims that result in the unauthorized use of an editorial image in advertising or any other promotional material.

LICENSE GRANTED FOR COMPING/LOW-RESOLUTION IMAGES

You are entitled to download comping or low-resolution image files, whether Royalty-Free, Rights-Protected or Editorial images, from The Bigger Picture's website, subject to the terms of this Agreement. These image files are intended for viewing of the image in more detail and for placement purposes only in unfinished products. Such permission to use comping or low-resolution files is not to be construed to be a grant of a license for usage.

PAYMENT TERMS

No license is granted until full payment of our invoice is received. Payment of The Bigger Picture's invoices must be received on the sooner of thirty (30) days of its date net, without any discounts, or prior to the publication of any image. You agree to pay The Bigger Picture a service charge of two (2) percent per month on any unpaid balance after this time period or the use of the image.

Any disputes concerning the invoice must be submitted in writing within ten (10) business days of the invoice date, or you shall be deemed to have accepted the invoice as issued.

CANCELLATION POLICY FOR RIGHTS-PROTECTED AND EDITORIAL IMAGES
If Licensee or Purchaser requests in writing to cancel this Agreement within 30 days of the date of receipt by Licensee or Purchaser of the Licensed Material, and such Licensed Material has not been used by Licensee, The Bigger Picture may cancel this Agreement and issue a credit to Licensee's or Purchaser's account or credit card as follows: (i) with respect to non-footage Licensed Material only, an amount up to 100% of the Licence Fee may be credited if the request is received within 7 days of receipt of the Licensed Material; or (ii) an amount up to 50% of the Licence Fee may be credited if the request is received between 8 and 30 days of receipt of the Licensed Material (or any time within the first 30 days for footage); in each case an administration fee of US$50 (or local currency variation) will be charged. No credits are available for any cancellation request received after 30 days from receipt of Licensed Material. Nothing in this Section 2 shall apply to research, lab, service, or subscription fees which shall be payable according to the terms stated on the Invoice and shall be non-refundable.

CANCELLATION POLICY FOR ROYALTY-FREE IMAGES

Due to the liberal nature of the licenses for Royalty-Free images, all licenses are final, no refunds or credits will be allowed. The successful completion of the download by you of any Royalty-Free image is considered to be the complete fulfilment of The Bigger Picture's obligations.

UNAUTHORISED USE OF IMAGES

In the event that you a) utilise any image, whether Rights-Protected, Royalty-Free or Editorial, without or prior to granting of a license, or b) you utilise any Rights-Protected or Editorial image for any use other than that indicated on the invoice, including but not limited to the number of uses, the publications utilized, or the size or reproduction, The Bigger Picture reserves the right so seek damages through legal channels unless you agree to reimburse The Bigger Picture as follows:

Since it is difficult to determine damages resulting from unauthorised usage, The Bigger Picture agrees to forgo our right to sue you for copyright infringement on the condition that you agree to pay, as liquidated damages:

1. i) a sum equal to four (4) times the normal price we would have charged for such use of a Rights-Protected image, or
2. ii) a sum equal to ten (10) times the normal price we would have charged for such use of a Royalty-Free image.

The Bigger Picture will calculate a usage fee by relying in good faith on the information you provide and will issue an invoice detailing the license granted.

If you fail to make the payment as outlined above within ten (10) days of our billing such fee, we reserve the right to sue for copyright infringement or breach of contract, plus attorneys' fees and all associated costs.

RELEASES, PERMISSIONS, AND SENSITIVE SUBJECT USAGE

Unless our invoice specifically indicates an image has a model or property release, it is not to be construed that such a release exists.

The Bigger Picture gives no rights or warranties with respect to the use of names, trademarks, logos, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction, are secured.

You agree not to use any image in a defamatory manner or context, either by changing it or by any accompanying text. All Editorial images should be reproduced with or in the spirit of the accompanying caption information and should not be cropped or manipulated without the permission of The Bigger Picture or the photographer.

Advance written permission is required for use of images that depict any illegal goods or activities, any sensitive subjects, including but not limited to, contraception, matters of a sexual nature, substance abuse, domestic violence, alcohol, tobacco, AIDS, cancer, acts of violence and other serious physical or mental ailments.

You agree to hold The Bigger Picture harmless from any and all claims and expenses arising from your use of an image. If you utilise an image prior to paying our invoice, or without our expressed permission in regard to sensitive subjects, we are relieved of any claim concerning the image's use of publications, because it was published without permission. The Bigger Picture reserves the right not to permit reproduction of an image for any reason whatsoever. Under all circumstances, our liability is strictly limited to the invoice price for the use of the images involved.

DELIVERY AND RETURN OF FILM

If you obtained the images from The Bigger Picture in the form of film or CD, whether they are originals or duplicates, you may retain the film for a period of three (3) months after date of invoice. After that date, unless this period is extended in writing, The Bigger Picture will charge you a holding fee of R50.00 per day per image until their actual receipt. Holding fees will accrue for eight (8) months from the stipulated date of return, fourteen (14) days from receipt, after which such unreturned images will be deemed lost and you will be billed for holding fees accrued to that date and the lost image fees in accordance with the provisions below.

The CD/film was inspected prior to shipment. We verified their quality. They were sent to you in perfect condition. By retaining the film/CD, you accept all responsibility for loss of or damage while they are in your possession or in transit, from the time you or your representative, agent or messenger take possession of the film/CD until their safe and undamaged receipt by The Bigger Picture. You assume full liability for your employees, agents, assign, couriers, messengers, freelance researchers, researchers, clients and printers for the loss, damage or misuse of the film/CD. We highly recommend you return film by messenger or registered mail - return receipt requested, fully insured and adequately packaged, and that you obtain a receipt proving delivery to The Bigger Picture.

Both of us agree that it is difficult to determine in advance the amount of monetary damage due to the loss or damage of an original transparency, print or negative (a lost or damaged image). Accordingly, we both agree that the establishment of a reasonable liquidated value for any lost or damaged image is in both our interests. We both accept the sum of five thousand Rand (R5000.00) as the liquidated value of a lost or damage image. The liquidated value of a duplicate transparency, print or image burned on a CD, is agreed to be five hundred Rand (R500.00). The Bigger Picture stipulates that a digital file has no liquidated value. The Bigger Picture agrees to deliver the photographs to you only upon your express agreement to the terms in this paragraph. If you do not accept this liquidated damage provision, please About Us immediately regarding the return of the images.

NO WAIVER, COMPLETE CONTRACT

The terms set forth in this Agreement, any delivery contract and invoice, represent our entire Agreement concerning the delivery of images to you, your review and usage thereof. All prior understandings or representations, whether written or oral, based on "industry custom" or past dealings, are hereby merged in this contract. No terms or conditions may be added, removed or modified unless made in writing and signed by both parties. No waiver of any part of this contract, and no employee of The Bigger Picture is authorised to waive it orally. In the event we waive any specific part of this contract, it does not mean we waive any other part.

We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between The Bigger Picture and you relating to your use of this website.

LEGAL FEES

If The Bigger Picture is obligated to go to court to enforce any of its rights in terms hereof, you agree to pay all legal costs on an attorney and client scale.

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