Terms and Conditions | Far Beyond Creative
1. Privacy Protection
1.1.Far Beyond Creative Limited is committed to protecting the privacy of our online visitors. We collect information from online visitors who wish to purchase images through our website or seek information about our services, by providing their name, email address, and address details. All online visitor data collected by Far Beyond Creative Limited is protected against unauthorized access. We will not sell, trade, or give your personal information to other companies or organisations.
2. Intended use of Photographic Work by the Customer
2.1. The Customer must advise Far Beyond Creative Limited of:
- the intended use of each Photographic Work;
- the medium in which the Photographic Work will be used.
2.2. Far Beyond Creative Limited grants the Customer the use of Photographic Work as advised by the Customer and on these Terms and Conditions. Far Beyond Creative Limited offers usage of Photographic Work under the Rights Managing System. There are no time limits for usage and no print run limits. This system aims to avoid usage of the same images for competitive publications, as happens with Royalty Free images.
3. Conditions of using our Photographic Work
3.1. Our Photographic Work can be used from the date of full payment of the Invoice. No use may be made of any Photographic Work before full payment of the Invoice without Far Beyond Creative Limited's permission.
3.2. The right to use Photographic Work applies to the Customer named on the Invoice only and must not be assigned to any third party without Far Beyond Creative Limited's prior written permission. Selling and redistribution of any Photographic Work of Far Beyond Creative Limited by the Customer is forbidden.
3.3. The Customer may use our Photographic Work:
- in digital format on websites, multimedia presentations, broadcast film and video;
- in printed promotional materials, magazines, newspapers, books, brochures, flyers, CD/DVD covers, etc.;
- along with the Customer's corporate identity on business cards, letterhead, etc.;
- to decorate the Customer's home, office or any public place. Photographic Work that has been purchased for private use may not be used for commercial purposes, unless agreed otherwise.
3.4. The Customer may NOT use our Photographic Work:
- in website templates that the Customer intends to sell or distribute;
- for creating printed reproductions that the Customer intends to sell;
- on "print on demand" items such as t-shirts, postcards, mouse pads, mugs, or on any similar mass produced item that would contain the Photographic Work in a dominant way;
- for pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, societies, cultures;
- to endorse products and services if it depicts a person;
- in a way that can give a bad name to Far Beyond Creative Limited or the person(s) depicted on the Photographic Work;
- as part of a trademark, service mark or logo.
3.5. Copyright in any new Photographic Work created from any manipulation, alteration, distortion or overprinting of text of our Photographic Work shall always remain with Far Beyond Creative Limited or their Photographer.
3.6. Each use by the Customer of any Photographic Work must be accompanied by an adjacent credit line acknowledging Far Beyond Creative Limited or their Photographer, unless agreed otherwise, or where such a credit line is inappropriate.
3.7. The Customer will supply one copy of the publication in which a Photographic Work has been used, free of charge to Far Beyond Creative Limited within 14 days of publication.
3.8. Far Beyond Creative Limited always retains the right to use the Photographic Work in any manner, at any time and in any part of the world for the purposes of:
- entering the Photographic Work into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards;
- advertising or otherwise promoting Far Beyond Creative Limited's Photographic Work;
- submitting the Photographic Work for display at art galleries or other premises.
4. Delivery of Photographic Work
4.1. After accepting our Quote by the Customer and receipt of Payment from the Customer, Far Beyond Creative will send out a CD/DVD with the requested Photographic Work, or supply instructions to download the Photographic Work by the Customer.
5. Copyright assigned
5.1. It is the responsibility of the Customer to obtain all model releases, moral rights and privacy waivers necessary for the use of assigned copyright in the Photographic Work by that Customer. As a condition of this assignment the Customer agrees to indemnify Far Beyond Creative Limited in respect of any liability to Far Beyond Creative Limited arising from any use of the assigned copyright material.
6. Payment
6.1. Purchases are payable as outlined on the Invoice or as arranged by Far Beyond Creative Limited with the Customer.
Payment of the Invoice must be received by Far Beyond Creative Limited prior to delivery and can be made in the following ways:
- Direct payment/transfer to our bank account;
- Payment through PayPal as arranged by Far Beyond Creative with the Customer.
6.3. For payment by foreign direct payment/transfer to our bank account or through PayPal, all transfer fees must be paid by the Customer.
7. Job-related costs
7.1. The Customer shall reimburse Far Beyond Creative Limited for all Job-related Costs ('Job-related Costs' means the costs and expenses incurred by Far Beyond Creative Limited on the Customer's behalf in providing Photographic Services to the Customer and as detailed on any Invoice).
7.2. Where Far Beyond Creative Limited makes payment to others on behalf of the Customer, Far Beyond Creative Limited may add a service charge, determined at Far Beyond Creative Limited's absolute discretion, to its invoiced costs.
7.3. Unless otherwise arranged, the Customer must pay all Job-related Costs and any service charges to Far Beyond Creative Limited within 7 days of receipt of the Invoice.
7.4. The Customer is not entitled to any property in:
- any authored or artistic work created by Far Beyond Creative Limited to support the Photographic Work;
- any materials used for the creation of an authored or artistic work, as a result of plans or drawings, which are commissioned by the Photographer;
- any acquisition of goods for use in supporting the Photographic Work. Such goods, materials, authored or artistic works shall remain the property of Far Beyond Creative Limited, unless otherwise agreed between Far Beyond Creative Limited and the Customer.
7.5. Urgent work
Where the Customer wants Photographic Work on an urgent basis, which includes where Far Beyond Creative Limited is unable to re-shoot or correct a shot because of an urgent deadline, Far Beyond Creative Limited will not be liable for any losses or damages arising out of the inability to carry out a re-shoot or the costs of arranging a re-shoot.
8. Indemnity for breaches of intellectual property
8.1. The Customer fully indemnifies Far Beyond Creative Limited against any claims, costs, or expenses arising out of any illegal or defamatory Photographic Work produced for the Customer and any infringement of any intellectual property right of any person.
8.2. The Customer is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works.
9. Far Beyond Creative Limited not liable for losses
9.1. Except as provided for by the Consumer Guarantees Act 1993, Far Beyond Creative Limited shall not be liable for:
- any loss or damage arising by reason of any delay in the completion of the Photographic Work;
- any loss of profits;
- any indirect or consequential loss of whatever nature;
- any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Customer's verbal instructions;
- any loss arising directly or indirectly from any breach by Far Beyond Creative Limited of any of its obligations under these Terms and Conditions of Engagement or from any negligence on the part of Far Beyond Creative Limited or its employees.
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