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LICENSING AGREEMENT & CONDITIONS OF USE FOR RIGHTS MANAGED IMAGES PRICE LIST BELOW
This is a legal agreement between you and Oceanic Research & Publishing Ltd in regards to the use of Rights Managed images. Please read this agreement carefully before purchasing and using any Oceanic Research & Publishing Ltd Rights Managed images. Your right to reproduce an image(s) is subject to the terms, conditions and restrictions set forth in this agreement and is conditioned upon your full payment of the license fee prior to your reproduction of the image(s) and by your agreement to be bound by the terms of this agreement. If you do not agree to be bound by all of the sections on this license agreement, do not purchase any image(s) from this website.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, OR CLIENT, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER, OR CLIENT, AND TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER OR CLIENT.
COPYRIGHT. All image(s) are copyrighted. Oceanic Research & Publishing Ltd and the photographers who took the image(s) own all rights to the image(s). All rights not specifically granted to you by the use license/invoice are reserved.
OWNERSHIP. Ownership of the image(s) always remains with Oceanic Research & Publishing Ltd and/or the photographer who took the image(s). Recipient does not acquire any right, title or interest in or to any image(s) by the receipt / download of an image(s) or by the granting of the license to reproduce an image(s). Full credit and copyright information must remain with the image(s) file. Images used editorially must be accompanied by the following credit:- Image © Oceanic Research & Publishing Ltd
NON-TRANSFERABLE. Any rights we grant to you for the use of Oceanic Research & Publishing Ltd image(s) are non-transferable. You may not re-sell, rent, loan, give, sublicense, or otherwise transfer to anyone the image(s) or the right to reproduce the image(s) and nothing you produce shall grant or purport to grant to any third party a right to reproduce or duplicate the image(s). You agree to take all commercially reasonable steps to prevent third parties from reproducing, duplicating, or distributing the image(s).
INDEMNIFICATION. Oceanic Research & Publishing Ltd and photographers shall not be liable to any claims and/or any damages or liability of any kind arising from any reproduction or use of the image(s), including defamatory use. Oceanic Research & Publishing Ltd gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any picture, and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured. You agree that you will not use the images for any unlawful purpose, or to defame any person, or to violate any person’s right of privacy or publicity, or to infringe upon any trade name, trademark or service mark or any entity.
RELEASES. No model releases or other releases exist on any images unless the existence of such release is specified in writing. Oceanic Research & Publishing Ltd, shall not be liable to any claims and/or any damages or liability of any kind arising from any reproduction or use of the image(s), and the client must satisfy himself that all necessary rights, consents or permission as may be required for reproduction are secured.
DIGITAL FILES AND WARRANTY. Digital images are provided "as is." as seen on our website. Oceanic Research & Publishing Ltd gives no guarantee of merchantability, fitness for any particular purpose, non-infringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. In no event shall Oceanic Research & Publishing Ltd, be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the digital delivery of any image or otherwise. Oceanic Research & Publishing Ltd gives no guarantee that images delivered on disc (CD-ROM or DVD) will be error free, function according to your wishes or be compatible with a client’s particular system. Oceanic Research & Publishing Ltd sole responsibility will be to provide you with another copy of the image(s).
REFUNDS & CANCELLATIONS. Oceanic research & Publishing Ltd offers refunds on digital images that have not been delivered. If you require a refund on your purchase, please contact us and we will refund your purchase. We will refund the purchase of a digital image up until the delivery of the product. Once the product is delivered, we cannot issue a refund. The reason for this policy is that owing to the nature of a digital image(s), there is no way for this product to be returned, nor is it possible to verify that a digital image has not been copied prior to requesting a refund. Digital images are provided as seen on our website and in addition to this we offer to supply, by email, low resolution (watermarked images) for evaluation purposes. Oceanic Research & Publishing Ltd gives no guarantee of merchantability, fitness for any particular purpose, non-infringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software program. Oceanic Research & Publishing Ltd sole responsibility will be to provide you with another copy of the image(s) should the product arrived damaged or be faulty. On a rare occasion we will make exceptions on a case by case basis.
PHOTO CREDIT. Image(s) used editorially shall have full credit & copyright information clearly visible below or alongside the image as follows “image © Oceanic Research & Publishing Ltd” No photo credit is needed when used for advertising purposes.
ELECTRONIC REPRODUCTION OF IMAGES AND USE OF IMAGES ON WORLD WIDE WEB (INTERNET) For any image(s) that have been granted reproduction rights for use on the World Wide Web, you shall take all reasonable steps to protect the image(s) from being copied or downloaded. Furthermore, the image(s) shall havefull credit & copyright information clearly visible ON the image used and NOT below or beside the image. Images for use on the World Wide Web shall not exceed a size of 72 dpi and 1000 pixels at the largest side.
SPECIFIC RIGHTS FOR THE USE OF OCEANIC RESEARCH & PUBLISHING LTD, RIGHTS MANAGED IMAGES
All images submitted are copyrighted and you agree not to reproduce or use them in any manner including but not limited to layouts, photocopies, scanning, digitalization or color separations until you first pay our License Fee for the use you require. No rights are granted until payment is made to Oceanic Research & Publishing Ltd.
After you pay Oceanic Research & Publishing Ltd for the use of a Rights Managed image, Oceanic Research & Publishing Ltd grants you, or your employer if you are licensing on behalf of your employer or your client, a NON EXCLUSIVE, NON -SUBLICENSABLE, NON-TRANSFERABLE right to use the image(s) subject to the terms and conditions of this licensing agreement. If you wish to have exclusive rights to the image then You can secure exclusive rights for an agreed time period at an extra cost.
Oceanic Research & Publishing Ltd Rights-Managed images are strictly licensed for a specific use and / or period of time only and for a one time use only and cannot be used for any purpose other than what is specified in our Invoice & License agreement.
When licensing an image, this does not automatically give you the right to use the image in any form of electronic reproduction, nor the use of the image(s) on the World Wide Web (Internet, website)
Unless specifically stated within the License agreement, the reproduction rights granted, do not include any form of electronic reproduction of the image, nor the use of the image(s) on the World Wide Web (Internet, website) in any form or size. Images that are required for use on the World Wide Web (Internet) must be licensed separately.
Images may NOT be used in re-releases, subsequent usage, additional usage or collective editions without obtaining prior permission from Oceanic Research & Publishing Ltd and paying for the additional use fees.You shall promptly notify Oceanic Research & Publishing Ltd of any expanded use of the image(s) for which you have not received prior permission, and shall promptly pay for any additional License fees required by Oceanic Research & Publishing Ltd for such expanded use.
We do not allow the redistribution of our photos, or allow the use of our photos within products that are mass distributed in any type of archive format.
The Invoice & License agreement we grant is only to you and cannot be assigned or transferred to a third party without our proper written consent.
The terms specified on the Invoice & License agreement shall not be modified or altered in any way without the written consent of Oceanic Research & Publishing Ltd. Any attempted deviation from the terms of our License agreement is a violation of this agreement.
Any and all digital files which we supplied or you have created and stored in ANY format including but not limited to hard disk, tape, optical disk, CD-ROM, DVD, floppy disk or other media MUST BE DESTROYED after your use of the image(s) is completed unless you plan to re-license use of the image, in which case you must notify us and pay for the additional License Fee.
UNAUTHORISED USAGE
In the event material from Oceanic Research & Publishing Ltd is published or used in any way without first obtaining a proper Invoice & License agreement for that use, Oceanic Research & Publishing Ltd may seek damages against you or the end user of the material.
In the event you utilize an image other than for the usage indicated on our Invoice / License agreement, without first obtaining prior permission andpaying for the additional License fees, Oceanic Research & Publishing Ltd retains the right to take legal action against you for copyright infringement. We will however agree not to take legal action, if you agree to pay the copyright infringement fee,equal to five times the normal price we would have charged for such unauthorized use, within seven days of our billing such a fee.
If you fail to make such payment within the time allowed, this copyright infringementfee shall be void and we shall have the right to take legal action for copyright infringement and/or breach of contract, for which we will shall seek all damages and remedies available, including Lawyers fees and all associated costs.
RIGHTS SPECIFICALLY NOT GRANTED TO YOU. YOU MAY NOT use any image(s) for any of the following;
You may NOT use the image(s) in a downloadable database where you are giving permission to others or implying to others that they may use, download or copy the image(s).
You may NOT use the image(s) in connection with any potentially sensitive issue including, but not limited to, sex, reproduction rights, physical or mental challenges, AIDS or substance abuse.
You may NOT use the image(s) in a way that may be considered defamatory, libelous, pornographic, obscene, immoral, fraudulent or to defame or disparage, directly or indirectly, any person, product or entity or any other unlawful use.
You may NOT sell, give or transfer the image(s) to a third party.
You may not use the image(s) in any way to compete with Oceanic Research & Publishing Ltd.
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■ PRICES
Prices quoted on our website are in English Pounds GBP.
■ NON COMMERCIAL USE. These sales are for private and personal use, educational use such as colleges, schools, universities, posters for use by non-profit making organizations such as National Parks, wildlife protection agencies and tourism authorities. Posters and photographs for such use may not feature any commercial names or business advertising, nor may they be for sale.
■ IMAGE DELIVERY
Once your order is completed and we have received payment, the image or images will be sent to you on disc (CD or DVD) by postal service.
Unless you have requested a specific image size, the image(s) supplied are Very High Resolution; 400 dpi – 7000 pixels – 30 x 45 cm size, uncompressed in PC-TIFF format and are in 24 bit RGB colour mode (8 bits per channel) The disc supplied will also contain smaller sized images for easy viewing.
In addition to this we will E-mail you a low resolution image of 1000 pixels, compressed to JPG format, together with your Invoice and Licensing Agreement.
Images licensed for use on the World Wide Web are supplied as low resolution, max size 1000 pixels at 72 dpi, and are delivered by E-mail. These images are licensed for use per one year periods.
Watermarks are removed for delivery.
Full information regarding images, how to purchase and copyright may be found in the INFORMATION (FAQ) section. If you have any further questions please contact us by E-mail.
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Oceanic Research & Publishing Ltd Price List October 2009 |
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1) NON COMMERCIAL / EDUCATIONAL USE
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POSTER - non commercial – free distribution |
GBP 25.00 |
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EXHIBITION – Educational – School, College, University |
GBP 25.00 |
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WEB Non Commercial |
GBP 25.00 |
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PHOTO for Home use / prints |
GBP 25.00 |
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2) COMMERCIAL USE
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NEWSPAPER – EDITORIAL ¼ PAGE |
GBP 45.00 |
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NEWSPAPER – EDITORIAL ½ PAGE |
GBP 60.00 |
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NEWSPAPER – EDITORIAL up to full page |
GBP 90.00 |
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NEWSPAPER – ADVERT up to ¼ page |
GBP 90.00 |
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NEWSPAPER – ADVERT up to ½ page |
GBP 120.00 |
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NEWSPAPER – ADVERT up to full page |
GBP 180.00 |
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MAGAZINE – EDITORIAL up to ¼ page |
GBP 35.00 |
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MAGAZINE – EDITORIAL up to ½ page |
GBP 50.00 |
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MAGAZINE – EDITORIAL up to full page |
GBP 75.00 |
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MAGAZINE – ADVERT up to ¼ page |
GBP 70.00 |
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MAGAZINE – ADVERT up to ½ page |
GBP 100.00 |
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MAGAZINE - ADVERT up to full page |
GBP 150.00 |
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BOOKS – up to ¼ page |
GBP 35.00 |
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BOOKS – up to ½ page |
GBP 50.00 |
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BOOKS – up to full page |
GBP 70.00 |
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BOOKS - double page |
GBP 90.00 |
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BOOKS – front cover |
GBP 120.00 |
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Public Exhibition – Up to 1 metre |
GBP 90.00 |
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Public Exhibition/Billboards – over 1 metre |
GBP 180.00 |
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Posters up to 1 metre |
GBP 75.00 |
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Posters larger than 1metre |
GBP 150.00 |
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Photo Exhibition – gallery or small business |
GBP 35.00 |
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Photo Exhibition – airport, railway station, hotel, hypermarket etc |
GBP 90.00 |
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Advertising flyer / leaflet |
GBP 35.00 |
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Advertising magazine / brochure / Catalog |
GBP 50.00 |
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Product Packaging |
GBP 90.00 |
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Transaction Card (Credit cards) |
GBP 250.00 |
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CALENDARS 1 – 4 images – each |
GBP 90.00 |
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CALENDARS 4 – 12 images – each |
GBP 75.00 |
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CALENDARS Front Cover |
GBP 120.00 |
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POST CARDS – GREETING CARDS |
GBP 60.00 |
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CD / DVD ROM |
GBP 45.00 |
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WEB Commercial – per year |
GBP 45.00 |
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WEB Commercial – Home Page |
GBP 75.00 |
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WEB Advertising, banners etc |
GBP 100.00 |
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LICENSING 