Terms and Conditions („Terms“)
Last updated: June 11, 2016
Please read these Terms and Conditions („Terms“, „Terms and Conditions“) carefully before using the https://florencedemeusy.wordpress.com website (the „Service“) operated by Florence Demeusy („us“, „we“, or „our“).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Copyright and Ownership
In accordance with the Copyright, Designs & Patents Act 1988, the copyright of all images created by Florence Demeusy is owned by Florence Demeusy. Unless Florence Demeusy gives written authorization, the Client is forbidden by law to copy any images created by Florence Demeusy and agrees that all photographic reprints, digital duplications or copies of any type made from images created by Florence Demeusy shall only be carried out by Florence Demeusy. The licence to reproduce such images is granted to the Client on the understanding that all invoices are paid within Florence Demeusy’s stated payment terms.
Reproduction rights (if and when granted) are strictly limited to the use specified on Florence Demeusy invoice and/or quotation. An agreement must be reached with Florence Demeusy before the pictures are used for a different purpose or after the licence to use has expired. Florence Demeusy reserves the right to charge an additional fee if the photographs are used for purposes other than what is shown on Florence Demeusys invoice and/or quotation.
If the Client wishes to own the copyright of images created by Florence Demeusy, an additional fee will be paid by the Client to Florence Demeusy for transferring the copyright. This fee will be mutually agreed by both parties. The transfer of copyright will only become applicable after this payment has been made in full.
On instances where the Client requests copies from media that they have supplied, all work is undertaken on the assumption that the Client has obtained written permission from the legal copyright holder for copies to be made. Florence Demeusy may contact the copyright holder of the said image to confirm that authorization to copy the image has been given. The Client agrees to fully indemnify Florence Demeusy in respect of any claims or damages or any costs arising in respect of claims for copyright violation made by a third party.
All original negatives, transparencies and digital files created by Florence Demeusy remain the property of Florence Demeusy. Florence Demeusy will ensure that all such materials are stored safely for the Client and make them available for future reproduction in return for the relevant fee.
Florence Demeusy reserves the right to make reproductions of images created during assignments for marketing, promotional, competition and editorial purposes.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Florence Demeusy.
Florence Demeusy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Florence Demeusy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
If a booking is made where Florence Demeusy is to be paid solely by monies received at an event from the sale of photographs, or where the Client is to be paid a commission/pitch fee/stand fee, Florence Demeusy reserves the right to have exclusive photography rights for the assignment. This includes photographs either being offered for sale or free of charge, by any other photography company both at the event or via a website afterwards. This also includes press and other media photographers.
If any other photography company is present without prior agreement with Florence Demeusy, Florence Demeusy reserves the right to invoice the Client for any loss of earnings incurred.
Any commission/pitch fee/stand fee agreed in advance is based upon numbers provided by the client. Florence Demeusy reserves the right to reduce payment on a pro rata basis if the numbers attending the event are reduced. Any payment will not be due until after the event has taken place.
Retention of Title
The Photographer reserves the right to retain all of the Clients materials in his possession until all monies owed to Florence Demeusy have been paid in full. Furthermore, the licence to reproduce images created by Florence Demeusy will also be revoked until payment has been made.
Florence Demeusy acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, Florence Demeusy agrees to keep this information secret and not to disclose such information to other parties except as required by law.
Prices & Terms
Florence Demeusy reserves the right to amend both Prices and these Terms and Conditions without prior notice.
Florence Demeusy reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.