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Terms and Conditions

If you want to use our images or any other material of ours, you need to enter into a Licence Agreement with us. The terms of this License Agreement are shown below:

License Agreement

Definitions

Web Site: The web-site hosted under the domain name www.badgerland.co.uk.
Site Owner: Red House Consultancy Services Ltd.
Photographer: Simon Edgar Flory (unless otherwise identified by the Invoice).
Client: The person or organisation that is responsible for the payment of license fees as identified on the Invoice.
For example: advertising agency, headteacher, charity or trustee, company or manager,
Licensee: The organisation that will be using Licensed Material as identified on the Invoice.
For example: school, charity, company, government department or government agency.
Licensed Material: The photographic images, cartoons, line drawings, sketches, paintings, word finders, crosswords, quiz questions and answers, advice notes, lesson plans and any other material as identified on the Invoice.
Invoice: An Invoice that details the use of particular items of Licensed Material from The Site Owner.

About this Agreement

This is a License Agreement between the Client, the Licensee, the Site Owner and the Photographer.

This License Agreement governs the terms by which a Licensee obtains the right to use Licensed Material provided by Web Site.

This License Agreement is in addition to the Usage Policies applicable to the Web Site (as published on the Web Site).

In the event of any inconsistency between this License Agreement and the Usage Policies (which is incorporated into this Agreement by reference), the terms of this License Agreement shall apply.

Copyright

The Licensed Material is subject to copyright protection.

All copyright and all other related rights are 100% owned by the Photographer or the Site Owner.

The Photographer has authorised the Site Owner to license the right to use Licensed Material.

Neither the Client nor the Licensee shall acquire any copyright or any other ownership rights whatsoever to the Licensed Material.

Acceptance of this Licence Agreement

In buying or making use of Licensed Material from the Site Owner, the Client agrees to all the terms of this Licence Agreement without reservation.

In agreeing to the terms of this Licence Agreement, the Client does so on behalf of themselves, as well as the Licensee, their representatives, successors, assigns, agents and affiliates.

Rights to Use Licensed Material

The Site Owner grants to the Licensee a non-exclusive, non-transferable right to use Licensed Material, subject to the restrictions set forth in this License Agreement.

The Client does not acquire the right to use Licensed Material, unless they are co-named as Licensees.

The Client does not acquire the right to license or otherwise allow any Licensed Material to be used by any of their other clients, representatives, successors, assigns, agents or affiliates.

The Licensed Material may not be sold, rented, loaned, given, sublicensed, or otherwise transferred to any third party and nothing shall grant or purport to grant to any third party a right to use or duplicate any Licensed Material. The Client or the Licensee agree to take all commercially reasonable steps to prevent third parties from duplicating or distributing the Licensed Material.

The only Licensed Material which may be “published electronically” shall be Size Band "Small" and Size Band "Medium".

The term “published electronically” includes:

  • Placing Licensed Material on the internet (otherwise known as the world-wide web),
  • Making Licensed Material easily accessible to users on an intranet or an extranet, FTP server, file sharing or download service
  • Embedding Licensed Material in distributable computer files (such as documents or compressed ZIP files),
  • Placing Licensed Material on CDs or DVDs or other media which are designed to be or are attached to newspapers, magazines or other printed media.
  • Placing any CD or any Licensed Material on computer or other storage device, which is accessible by more than one user at a time via a network connection or otherwise.

Payment and Fees

Payment must be made before any Licensed Material is release by the Site Owner to the Client or the Licensee.

Precise Fees for the right to use each item of Licensed Material are identified on the Invoice.

Fees are based on the Usage Band which the Licensees activities fall into, combined with the Size Bands of the Licensed Material. Generally, licensing larger images will result in high fees, as will using Licensed Material over wider areas.

The Site Owner may also offer Special Value License Packs for certain Usage Types, Size Bands or Licensees.

Usage Periods

Except as specified in the next clause, unless specifically stated otherwise in the Invoice the Licensee is granted the right to use the Licensed Material identified on the Invoice for a period of 12 months starting from the Date of the Invoice.

However, in the case of Licensed Materials nominated, designed or agreed for use within a periodical, each individual item may be used once, but the Usage Period may be extended until every item has been used, even if the elapsed period exceeds 12 months.

The Site Owner shall have the right terminate any one or more clauses of this Licence Agreement before 12 months have elapsed if the Client or the Licensee is in breach of any term of this agreement.

Usage Bands

The right to use Licensed Material is subject to pre-determined Usage bands.

The choice of Usage Bands is as follows:

  • Band A - Low Usage Category
  • Band B - Medium charity, commercial education or small company
  • Band C - Local media, large charity or medium company
  • Band D - Regional media, very large charity or large company
  • Band E - National media, Government department or agency or very large/PLC company
  • Band F - Cover publications in all bands by a single Licensee

Buying the right to use Licensed Material in Usage Bands A to E, allows you to publish Licensed Material in the areas defined by that Usage Band only. If you wish to use Licensed Material in a different Usage Band, you will need to pay additional fees for that extra Usage Band, or request an upgrade to Band F.

Full details of these Usage Bands are given at the end of this License Agreement in the Appendix A - Usage Bands section.

Size Bands

The right to use Licensed Material is subject to pre-determined Size bands.

These are based on the number of pixels of the largest dimension (either width or height).

The choice of Size Bands is as follows:

  • Band "Screen" - from 200 to 600 pixels maximum.
  • Band "Small" - from 601 to 1024 pixels maximum.
  • Band "Medium" - from 1025 to 1600 pixels maximum.
  • Band "Large" - from 1601 to 3000 pixels maximum.
  • Band "Extra Large" - from 3001 to 6000 pixels maximum.
  • Band "Document" - documents and other material which is not supplied as pixellated images.

Full details of these Usage Bands are given at the end of this License Agreement in the Appendix B - Size Bands section.

Permitted use of the Licensed Material

The Licensed Material MAY be used in the following ways:

  • Print editorials, newspapers, magazines, newsletters, brochures, reports, catalogues, greeting cards, calendars, advertising materials, educational materials, posters or books.
  • Licensed Material from Size Band "Screen" may also be used on Web sites, CD-ROMs, screensavers, electronic greeting cards, provided that no Licensed Material is published at a size whose maximum resolution is or would be greater than 600 pixels.

Subject to the Copyright Notices/Photo Acknowledgements section, the Licensed Material may be incorporated into other works (such as newsletters, magazines, newspapers, books and presentations).

The Licensed Material MAY NOT be used in any pornographic, defamatory, libellous, untruthful or unlawful manner or any other use which would cause substantial offence.

Duration

The Client and the Licensee agree to destroy all digital files and all copies they have made of the Licensed Material within one week of reproduction. If the Licensed Material was sent on CD-ROM, all CD-ROMs must be returned in undamaged condition within thirty days of their receipt.

Liability

The Photographer warrants that any photographs of his are his own original work; and that he is able to license their use.

The Client and the Licensee agree to indemnify and hold the Site Owner harmless against any damages or liability of any kind, claims, and expenses, including reasonable legal and court fees, arising from their use of Licensed Material.

Neither the Photographer nor Site Owner shall be liable for any indirect, consequential, punitive, or incidental damages arising out of the use of, or the inability to use, the Licensed Material, even if they have been advised of the possibility of such damages. In no event shall the Photographer or the Site Owner have liability (whether in tort, contract, or otherwise) arising out of or relating to use of the Licensed Material or inability to use the Licensed Material exceed the fees paid for the use of the Licensed Material.

Warranty

The Site Owner warrants that for the period of 90 days, from the Invoice date, the purchased Licensed Material will, when properly used, be capable of performing substantially in accordance with the associated documentation.

The Sole and Exclusive Remedy is that the Site Owner shall either (at its sole option) repair or replace any defective Licensed Material or refund any amounts paid for the use of the Licensed Material. Such repair or replacement may include providing additional copy of the Licensed Material on CD-ROM, sending such Licensed Material by email or making it available for download by the Client for a limited period on a web-site.

THE SITE OWNER HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY LAW, WITH REGARD TO THE CD AND ANY LICENSED MATERIAL, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

The Licensed Material is provided as is, under the guarantees provided above. All risks related to the results or performance of the Licensed Material are assumed by the Client.

Copyright Notices/Photo Acknowledgements

In the case of non-photographic Licensed Material, a copyright protection credit must appear adjacent to where Licensed Material is being used:

© “Year of Publication” www.badgerland.co.uk.
All Rights Reserved

In the case of photographic Licensed Material (such as photographic images), a copyright protection/picture credit must appear along with those of other photographers/writers:

© “Year of Publication” Simon E Flory.
All Rights Reserved

In the case of Licensed Material which is incorporated into other works, a copyright protection credit must appear along with those of other photographers/writers/contributors which identify where the Licensed Material has been used:

© “Year of Publication” www.badgerland.co.uk.
All Rights Reserved

Alterations

Client will not make or permit any substantive alterations, additions, or subtractions in respect of the Licensed Material.

Default

In the event of non-payment or other breach of this Agreement by Client or the Licensee, the Client shall pay all of the Site Owner’s costs and expenses incurred in connection with enforcement of the terms of this agreement, including reasonable legal and court fees.

Right of Inspection

The Site Owner has a right to inspect the use of any Licensed Material produced by the Client or the Licensee.

Governing Law

This Agreement shall be governed by the laws of England.

Schedule A

Usage Bands

What we charge for licensing our images depends on:

  • Whether the image will be used nationally, regionally or locally
  • Whether you are a small, medium or large registered company or registered charity or a government department
  • Whether you are a non-profit or commercial educational institution
  • Whether you are a low-usage personal user
  • How large an image you need (web, small, medium, large or extra large).

First you need to decide which Usage Band you fall into. Our Usage Bands are listed below:

Band A - Low Usage Category
Only for very small organisations, non-profit education or personal use

Description Example Limitations
Small Charity
(annual income less than £50,000)
e.g. Local Badger Group Up to 500 prints or 5,000 web impressions.

Presentation may be given by up to 5 speakers.

Small Non-Profit
(annual income less than £50,000)
e.g. Local School Club
Personal Use (such as a PowerPoint presentation) e.g. Speaker at the WI
Teaching in a Non-Profit School or College
(i.e. most state-funded schools)
e.g. Calder High School

Band B - Medium charity, commercial education or small company

Description Example Limitations
Medium Charity or Non-Profit
(annual income less than £200,000)
e.g. Badger Trust Presentations may be given by up to five speakers.

If used in published print media, Band C/D/E/F applies.

Teaching in a For-Profit School,
Commercial Training Organisation,
Private/Public School or University
e.g. Harrow, Eton, etc
Small Company
(Turnover less than £500,000)
e.g. Wildlife Consultant

Band C - Local media, large charity or medium company

Description Example Limitations
Local (single town/conurbation) Newspaper e.g. Halifax Courier If used in published Regional or National print media, Band D/E/F applies.
Local (single town/conurbation) Magazine
Large Charity or Non-Profit
(annual income less than £1,000,000)
e.g. Local Wildlife Trust
Medium Company
(Turnover less than £2,500,000)

Band D - Regional media, very large charity or large company

Description Example Limitations
Regional/County Newspaper e.g. Yorkshire Post If used in National print, Band E/F applies.

Use covers a single newspaper, magazine, government department, government agency or company.

Regional/County Magazine e.g. Lancashire Life
Very Large Charity or Non-Profit
(annual income more than £5,000,000)
e.g. National Trust
Large Company
(Turnover more than £2,500,000)
e.g. British Aerospace

Band E - National media, Government department or agency or very large/PLC company

Description Example Limitations
National/Nationwide Newspaper e.g. Daily Mail Use covers a single newspaper, magazine, government department, government agency or company.
National/Nationwide Glossy Magazine e.g. Radio Times
Government Department and related agencies e.g. DEFRA

Band F - Cover publications in all bands by a single Licensee

Description Example Limitations
Covers use in multiple publications in all Bands A to E e.g. Government campaign with adverts in Daily Mail, Independent and Guardian Ideal for national campaigns in which different print publications will be used.

Schedule B

Sizing

The items we license come in a range of sizes. Generally, the larger the image the more it will cost to license it from us.
We have placed our images into certain bands. These are generally based on the number of pixels used on the largest dimension (either width or height).

Band "W-Web" - from 200 and 600 pixels maximum

Ideally suitable for use within screen-based presentations - such as in PowerPoint presentations, web-sites and low-resolution TV-type displays.

Band "S-Small" - from 601 and 1024 pixels maximum

Also good to use for screen-based presentations and small printed images - such as small "filler" sketches or photos in newsletter and leaflets.

Band "M-Medium" - from 1025 and 1600 pixels maximum

These are excellent for large-screen presentations and photos printed in newsletters and leaflets.

Band "L-Large" - from 1601 and 3000 pixels maximum

Generally, these are very good photographic images which can be used with impact in newsletters and leaflets; and educational guides. They can also be printed on genuine photographic paper and used as displays at events such as fundraising days and badger-awareness talks.
A 2400-pixel wide image looks superb when printed as a "standard" 10 by 8 inch print.

Band "XL-Extra Large" - from 3001 and 6000 pixels maximum

Generally, these are superb photographic images which can be used with great impact when printed on genuine photographic paper and used as posters at events such as fundraising days and badger-awareness talks.
A 3600-pixel wide image looks superb when printed as a "standard" 16 by 12 inch print; and can even be printed as a larger poster.

Band "D-Document" - documents which are not based on pixel-based measurements

Generally, these are documents such as bookmarks, word finders, crosswords, lesson plans, advice notes which can be used at events such as fundraising days and badger-awareness talks; as well as being incorporated into teaching sessions and being inserted into other material.
These are generally designed to be printed on either A4 portrait or A4 landscape formats; and will be supplied as Adobe Acrobat PDF format files.

Using our images?
Using our Licensing scheme, you can buy the right use one or more of our images. Any licensing income we receive will help a badger charity in the UK (see our Donations policy for more details).

Licensing Options
Our licensing fees are very competitive. Each image has been put into a Size Band - this is based its maximum size (in pixels). Depending on how you will use the licensed image, you pay for one of our Usage Bands. Using images across national media will cost more, but limited local usage (like a newsletter) will cost less. For more details, please Contact us.