Standard Terms and Conditions:
Please review this document carefully and thoroughly and contact Bid Pictures (incorporating La Manga Photos) customer service or your account representative if you do not understand this Agreement, if you wish to use an Image in a manner not permitted under this Agreement, or have any questions. The following terms and conditions apply to your access and use of all material and Images from Bid Pictures. All images are copyright
Standard Terms and Conditions:
The Bid Pictures invoice is incorporated by reference into this Agreement, and all references to the Agreement shall include the Bid Pictures Invoice. Along with the Bid Pictures invoice, these terms constitute a binding agreement ("Agreement") between you and Bid Pictures. If you are entering into this Agreement on your employer's behalf, this Agreement applies both to your employer and to you. By obtaining any Image(s) or any material from Bid Pictures directly or via the on-line site, you agree to be bound by this Agreement. If you choose not to be bound, do not use Bid Pictures site or download or use any Images.
Use of Images:
"Images" means all images and related informational materials in any medium furnished by Bid Pictures hereunder, including related text, captions, or information.
You agree to payment for the license of the Image according to the terms of the invoice and this Agreement. You are required to pay for all Images that you obtain, regardless of whether you use them, unless you comply with the return/credit provisions of this Agreement. Except as specified in the Bid Pictures invoice, Images obtained from Bid Pictures are licensed on a non-transferable, one-time, non-exclusive basis, and are strictly limited to the use, medium, time period, print run, placement, size of Image, territory, and any other restrictions indicated in the invoice or contained on Bid Pictures' on-line site, and are licensed for use within one year from the date of the invoice, or thirty (30) days for internal evaluations ("comps").
Images may contain listed restrictions, including without limitation restrictions as to time, manner, industry and territory of use, and pre-approval by a depicted person or their representative. Your ability to access an Image does not in itself entitle you to use that Image. Use of any Image contrary to a listed restriction is prohibited. If you do not understand or are unsure as to any restriction, you must contact Bid Pictures prior to download or use of any Image.
License granted by Bid Pictures:
Unless otherwise specified in a separate writing signed by Bid Pictures, your reproduction of Images is limited to (i) internal evaluation or comps, or (ii) the specific use described in your invoice, which together with these terms shall constitute the full license granted. Additional restrictions indicated on Bid Pictures on-line site or in the invoice may contain limitations on your use, medium, time period, print run, placement, size of Image, territory, and any other restrictions. Any license granted by Bid Pictures is conditioned upon (i) your meeting all conditions and restrictions imposed by Bid Pictures, and (ii) Bid Pictures receipt of full payment by you for such use as invoiced by Bid Pictures. Your failure to make full payment when due shall terminate any license granted to you and entitles Bid Pictures to pursue all remedies available under copyright laws. You may not otherwise make, use or distribute copies of any Images for any purpose except as authorized. Bid Pictures reserves all rights to the Images, and you do not acquire any copyright, ownership or equivalent rights in or to any Image as a result of any license Bid Pictures grants to you.
The limited license granted to you is personal and non-transferable; the work you produce incorporating the Image must be for your own use or for the use of your direct employer. If you are licensing an Image on behalf of or for use by a client, that client must be the sole end user of your work. You may not sell, rent, loan, give, sub-license or otherwise transfer to anyone the Image or any right to reproduce the Image (except insofar as it has been incorporated by you into the permitted use as stated in the invoice).
Storage of Images:
You may place Images on your internal computer network for a limited time, provided you limit access to the Images to those having a bona-fide need to facilitate production or creation of any licensed use, but you shall not otherwise distribute or permit access to any Images. Following your licensed use, you agree to cease use of all Images and delete/destroy any digital copies within fifteen (15) days. You agree not to store or maintain any archive of any Image in any format or medium unless your invoice with Bid Pictures permits re-use, whereupon you may store Images solely as permitted by such invoice. This section shall survive termination of the Agreement.
When using editorial, news, and fine art Images, you may not make or permit any modifications to or alterations of the Images (except for standard colour correction or minor cropping for space limitations) or to the caption information unless specifically agreed in writing by Bid Pictures.
Model and Property Releases/Clearances:
The rights Bid Pictures grants to you do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by Bid Pictures. Bid Pictures makes no representations or warranties that it owns or licenses any rights nor does La Manga Photos grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, Bid Pictures makes no representation or warranty as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Bid Pictures. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal advisors.
No images on this website are model released unless expressly indicated or communicated by direct communication, including delivery of a copy of the release form, with you the client. For the avoidance of doubt, no images on www.bidpictures.com or it's affiliate site(s) have model release.Bid Pictures' liability shall be limited to the amount you paid Bid Pictures/Tony Henshaw for the use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by Bid Pictures is conditioned upon your obtaining all necessary third-party rights, releases and permissions.
Bid Pictures (Tony Henshaw) gives no warranty to the accuracy of the information accessed or downloaded from the website www.bidpictures.com and accepts no liability for any loss, damage or inconvenience that may be caused in the event that inaccurate information appears on it. Every reasonable attempt has been made to present accurate information where provided in or by the original works or alternatively reasonably estimated by examining the detail of the image. Information may be changed or updated without notice. The material on this website may be out of date at any given time, and Bid Pictures is under no obligation to update such material. La Manga Photos will not be liable if for any reason this website is unavailable in whole or in part at any time or for any period. Materials posted on this website are not intended to amount to advice on which reliance should be placed.Bid Pictures disclaims all liability and responsibility arising from any reliance placed on such materials by you or any third party. If the need arises, access by specific IP addresses or account holders to this website may be suspended or terminated indefinitely.
The text and images on this website are the property of Tony Henshaw (Bid Pictures incorporating la Manga Photos) or its licensors and are protected by copyright and other intellectual property rights. All images are © Tony Henshaw and subjected to international copyright law. All downloaded or ordered images and prints must retain the copyright or other intellectual property notices contained in the original material. All reproduced images on websites, in newspapers, journals, books or magazines, brochures, advertising, television programmes and product packaging must carry a photo credit Bid Pictures, Tony Henshaw or www.bidpictures.com adjacent to each use or in the credit section for books and television programmes. This is an inalienable right in accordance with the WIPO Copyright Treaty, Geneva, 1996. Any other use is prohibited and shall automatically terminate your permission to use this website. No part of this website may be reproduced by any process without written permission from Bid Pictures/Tony Henshaw. The trade marks and logos displayed on this website are the property of Tony Henshaw. You are not permitted to use such trade marks and logos without the prior written consent of Tony Henshaw.