TERMS AND CONDITIONS OF SUBMISSION AND REPRODUCTION OF IMAGES

Please read these terms carefully before using this website. By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.

Copyright Notice

Marianne Majerus Garden Images is a Rights Managed image library. All images are copyrighted.

All photographs on this website are the property of Marianne Majerus Garden Images and are protected under international copyright laws. Photographs must not be downloaded, reproduced, copied, stored, manipulated, projected, used or altered in any way, without the express written permission of Marianne Majerus Garden Images or its official agents. This includes use on social media sites. Any infringement of copyright will be pursued to the full extent of the law.



'We', 'Our' and/or 'Us' means Marianne Majerus Limited, trading as Marianne Majerus Garden Images.

'You' means the person or entity named as client.

These terms constitute a legal agreement between You and Us.

You will be deemed to have accepted these terms and conditions unless you notify Us to the contrary and return all the Images to Us within 7 days of receipt. No variation of these terms or conditions shall be effective unless agreed in writing.

"IMAGE" means any item which may be offered for the purposes of reproduction.

1. Supply of Images

(a) You acknowledge that Images are Our valuable property. You agree to destroy all 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.

(b) 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 obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and You will indemnify Us in respect of any claims, damages, costs or expenses We incur arising from the use of any Image supplied to You.

2. Licence for Use of Images

(a) The reproduction by whatever means of the whole or any part of any Image (in particular but without limitation, electronic use, storage or transmission, slide projection, artist's reference, artist's illustration, layout or presentation of Images) is strictly forbidden without Our specific written permission. You must inform Us of your proposals as to when and how an Image is intended to be used. We will then consider whether We would wish to grant a licence and, if so, on what terms.

(b) No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. Your right to reproduce an Image arises only if (a) licence terms are agreed with Us and (b) Our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling Us to rescind and claim damages. You must indemnify Us in respect of any claims, damages, costs or expenses we incur arising from any reproduction without licence of any Image supplied to you.

(c) You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained. We make no claim or warranty with regard to your use of names, people, trademarks or copyright material depicted in any Image.

(d) Images shall not be altered or manipulated, added to, or have any part deleted without Our prior written consent.

3. Reproduction rights (if granted), unless otherwise agreed in writing, are:

(a) subject to these terms and conditions and any terms and conditions set out in the delivery note and invoice;

(b) non-exclusive reproduction rights for single use only. A single use means a reproduction in one size for one edition of a single publication, published in one language only;

(c) strictly limited to the use and territory stated in the licence or on the invoice;

(d) strictly limited to the period of time stated in the licence or on the invoice, which will not exceed one year from delivery or, in the case of garden stories, one year from acceptance;

(e) personal to you and not assignable by you to any third party.

4. Image credits

(a) You must credit Us and the author of the photograph as specified by Us every time an Image is used. If you fail to credit the Image an additional 50% of the original licence fee will be payable.

(b) Moral Rights are asserted under the Copyright, Designs & Patents Act 1988.

5. You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.

6. Payment of Invoices

(a) You must pay Our invoice within 30 days of issue, unless agreed with Us in writing.

(b) If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or 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.

7. While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.

8. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in Us and You hereby assign all such rights arising to Us.

9. Our failure to exercise or enforce any of Our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

10. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts.

11. Copyright Infringement (the use of an image/s where a licence has not been purchased).

(a) Unauthorised use of Our Images, including, but not limited to, internet blogs, websites and printed material will be charged at the National Union of Journalists' recommended rate. This rate is subject to alteration depending on the severity of the unauthorised use.

(b) The stripping out of metadata from an Image is not allowed. An additional 100% uplift will be charged.

(c) An additional 100% uplift will be charged for flagrancy. This is typically, but not exclusively, where a credit is given to Us but no attempt has been made to contact the Us for a licence.

12. Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

13. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive. 
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