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This web site comprises and contains copyrighted materials. You
may use the images on this site for layout purposes only. You
may not alter, manipulate, add to or delete any whole or part image. The following terms and conditions apply when you borrow photographs for review and when subsequently reproduced. A copy of these terms accompanies each delivery by physical or electronic means. 1. In this agreement the terms: (a) Picture includes a photograph, transparency, negative or other item which Holt Studios may offer for the purpose of reproduction. (b) Reproduction includes any form of publication or copying of the whole or any part of a picture whether by printing, photography, slide projection, xerography, artist's illustration, layout or presentation, electronic or mechanical reproduction or by any other means. (c) Date of return is the date by which the pictures supplied by Holt Studios must be returned to them as specified on the delivery note or as extended by notice in writing. 2. Pictures are supplied on loan and no property or copyright in any picture shall pass to the client whether on its submission or on Holt Studios' grant of reproduction rights therein. 3. A non-refundable service fee to cover administrative costs and dispatch by usual means of the pictures is payable by the client on each submission of pictures whether or not reproduction rights are required or granted. An additional fee may be charged to cover research time. The client will pay for dispatch requested other than by usual means. 4. Reproduction rights are strictly limited to the use, period of time, territory and media specified on Holt Studios invoice and unless otherwise agreed in writing relate to a single publication in a single size with text in one language only. Rights granted to reproduce the picture on a product do not include the right to use the picture directly or indirectly in any manner in the advertising of the product unless such right is specifically granted. 5. Reproduction rights granted are personal to the client and may not be assigned nor may any picture submitted to the client be loaned or transferred to third parties except for the purpose of the exercise by the client of such reproduction rights. 6. Holt Studios delivery note will list all pictures delivered to the client, which will be presumed to have been received in good condition unless within two days of receipt the client notifies Holt Studios of any discrepancy or damage. 7. (a) Risk in and responsibility for pictures passes to the client from the time they are received. The client shall inform Holt Studios immediately and in writing of any known loss or misuse of, or damage to the pictures while in the clients possession or that of any third party. If a picture is not returned within 12 weeks of the date of return then Holt Studios may, in its sole discretion, presume it to be lost. (b) The client will be liable to pay Holt Studios compensation as specified on the delivery note in respect of each picture lost or damaged. (c) A picture subsequently found must be returned to Holt Studios immediately. If it is undamaged the client will be credited with the compensation paid less a holding fee (clause 10). 8. Any picture returned without its mount or with its caption or other data missing or defaced will incur a charge of £15.00. 9. The client must return every picture to Holt Studios by its date of return by any method that affords both proof of delivery and sufficient compensation in the event of loss or damage during transit. 10. Unless otherwise agreed each picture may be held by the client rental free until its date of return and thereafter the client will be liable to pay a holding fee of £3.50 per picture per week or part thereof pending its return. Payment of the holding fee does not entitle the client to retain the picture after the date of return. 11. (a) Until Holt Studios has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any picture. After a fee has been agreed and an invoice issued there is a firm and binding contract whereby Holt Studios is committed to grant reproduction rights and the client to acquire them. If after such invoicing but before payment, the client requests cancellation of the reproduction rights, Holt Studios may in its discretion cancel subject to the client paying a cancellation fee. (b) The client's right to reproduce a picture arises only when Holt Studios' invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement and a breach of this agreement entitling Holt Studios to rescind the agreement and rendering the client liable for payment of damages. (c) the client agrees to indemnify Holt Studios 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 the client. 12. If Holt Studios is not paid within 30 days of invoice they may rescind the agreement and recover damages or may charge interest on the overdue amount at 3% per month. In either event the client will on request pay all costs and charges reasonably incurred in recovering any damages or overdue sum. 13. Two proofs of any publication or the relevant pages thereof containing any pictures supplied by Holt Studios are to be supplied to them by the client free of charge within two weeks of publication. 14. While Holt Studios takes all reasonable care in the performance of this agreement generally, they will not be liable for any loss or damage suffered by the client or by any third party arising from any defect in any picture or its caption or in any way from its reproduction. 15. Unless specified in writing no warranty is given by Holt Studios as to the existence or validity of model or other releases in respect of any picture and they will not be liable for the absence of such a release or for any defect in existing releases. Holt Studios gives no rights or warranties with regard to the use of names, trade marks, registered or copyright designs or works of art depicted in any picture and the client must satisfy himself that all the necessary rights or consents as may be required for reproduction are obtained. The client will indemnify Holt Studios against any loss suffered by them from any reproduction of the picture by the client without effective releases, rights or consents. 16. Reproduction rights are not granted exclusively to the client except when specified by the invoice. 17. This agreement will be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the courts of England
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