For an account application form please email admin@topfoto.co.uk

AGREEMENT between TopFoto and the Library user for the supply, loan, use and reproduction of pictures.

In order to receive a supply of pictures and/or to use or reproduce pictures new Library Users accept this agreement in its entirety or have agreed to accept liability for all loss or damage to pictures received by them or to return to the Library within 2 days of receipt all pictures in good condition together with payment of all fees charged by a method affording proof of delivery. Library Users requesting pictures on the second or subsequent occasion are deemed to have accepted this agreement in its entirety.

1. In the agreement the terms (a) Picture includes a photograph, transparency, negative, design, artwork, painting, montage, drawing, engraving or any other item in hardcopy and/or digital format whether copyright or not which the Library may offer for the purpose of reproduction. (b) Reproduction includes any form of publication or copying of the whole or part of any picture whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's illustration, layout or presentation, electronic or mechanical reproduction or by any other means. (c) Date of return is the date by which the pictures supplied by the Library must be returned to it as specified on the advice note or invoice or as extended. If no date is specified, the date of return shall be four weeks from the date of delivery note or if an invoice is tendered for reproduction rights 12 weeks from the date of such invoice. (d) The Library is TopFoto. (e) The User is the ordering authority and or user or reproducer of the pictures.

2. No variation of any term or condition set out herein shall be effective unless agreed in writing by both parties. The Library's catalogue prospectus or other advertising material does not form part of this Agreement.

3. Pictures are supplied on loan and no property or copyright in any picture shall pass to the User whether on its submission or on the Library's grant of reproduction rights in respect thereof.

4. A non-refundable supply fee is payable by the User on each submission and re-submission of pictures whether or not reproduction rights are required or granted. An extended research fee is charged for searches necessitating more than 30 minutes Library time. A Library use fee may be incurred where reproduction licence fees do not cover the value of the work done by the Library. The User shall pay for courier, express or any other special delivery arrangement required.

5. Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Library's licence and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only and for a maximum period of 5 years. Rights granted to reproduce a picture on a product do not include the right to use that picture directly or indirectly in any manner in the advertising of that product unless such right is specifically granted. Reproduction rights granted are personal to the User and may not be assigned, nor may any picture submitted to the User be loaned or transferred to third parties save for the purpose of the exercise by the User of such reproduction rights.

6. Discounts are available only when the terms and conditions of this agreement have been adhered to and access to the library is only available to users in good standing.

7. The Library's advice note lists all the pictures delivered to the User which shall be presumed to have been received in good condition, unless within 2 days of receipt the User notifies the Library in writing of any discrepancy or damage.

8. (a) Risk in and responsibility for pictures passes to the User from the time they are received. The User shall immediately inform the Library in writing of any known loss or misuse of or damage etc. to the pictures while in the User's possession or that of any third party. If a picture is not returned within 12 weeks of the date of return then the Library may in its sole discretion presume it to be lost.

(b) The User shall be liable to pay the Library compensation in respect of each picture lost or damaged. Such compensation shall be at the rate stated on the Library's advice note with the exception of any picture in respect of which a different compensation figure for loss or serious damage has previously been specified in writing by the Library. Payment of compensation does not give rise to any rights and or ownership in any picture.

(c) A picture subsequently found must be returned to the Library immediately. If it is undamaged the User will be credited with the compensation paid less an extended loan fee (under Clause 11) from the date the compensation is claimed to the date the picture is returned, such credit being at least 20% of the compensation paid.

9. Any picture returned without its mount or with its caption or other mount data missing or defaced shall incur a replacement charge.

10. The User should return every picture to the Library by a method affording proof of delivery. All necessary protection must be given to pictures in transit. A delivery note listing and totalling the returned pictures must be enclosed and an advice in writing with this same information sent by separate post.

11. Each picture may be held by the User until its date of return. A loan fee in respect of this period may be charged for pictures not reproduced. One reminder of the date of return is sent. After the date of return the User may retain each picture on payment of an extended loan fee per picture held whether reproduced or not until such time as the Library specifically requests its return.

12. (a) Until the Library has issued the reproduction licence neither party is committed to grant or to acquire any reproduction rights in any picture. After a fee has been agreed and licence issued a firm and binding contract is offered whereby the Library is committed to grant reproduction rights and the User to acquire them. If after such issue but before payment, the User requests cancellation of the reproduction rights the Library may in its discretion cancel subject to the User paying a cancellation fee.

(b) The User's right to reproduce a picture arises only when the reproduction licence relating to the grant of such right and all Library fees are fully paid. Any reproduction before payment of the licence fee constitutes an infringement of rights and a breach of this Agreement entitling the Library to rescind the Agreement and rendering the User liable to the payment of damages.

(c) Pictures cannot be used for advertising without the prior written consent of the library.

(d) If any use causes legal action for any reason the user agrees to accept all liability and costs.

13. If the Library's licence is not paid in full within 30 days of issue the Library may rescind this Agreement and recover damages or may charge interest on the overdue payment at 2.5% per month. In either event the User shall on request pay all costs and charges reasonably incurred in recovering any damages or overdue sum.

14. On the User's death or bankruptcy or if the User is a company in the event of a resolution, petition or order for winding up being made against it, or if a receiver is appointed the Library may at any time thereafter inspect any records, accounts and books relating to the reproduction of the Library's pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the User and may enter the User's premises to obtain possession of its property.

15. (a) Unless otherwise agreed in writing, if any picture reproduced by the User omits the copyright notice or credit line specified by the Library the reproduction fee payable by the User shall be 20% more than that specified on the invoice. The right to a credit is asserted in accordance with sections 77 & 78 Copyright, Design & Patents Act 1988.

(b) Two voucher copies of any publication or the relevant sections containing the reproduction of any pictures supplied by or the copyright of the Library are to be furnished to the Library by the user free of charge within 2 weeks of publication. After such period the Library in its discretion may purchase or by other means may obtain or see copies of such publication and shall be recompensed by the User for any costs incurred in so doing.

16. While the Library takes all reasonable care in the performance of this Agreement generally the Library shall not be liable for any loss or damage suffered by the User or by any third party arising from any defect in any picture or its caption or in any way from its reproduction.

17. No warranty is given by the Library as to the existence or validity of model or other releases in respect of any picture and the Library shall not be liable for the absence of such a release or for any defect in any existing releases. The Library gives no rights or warranties with regard to the use of names, trade marks, registered or copyright designs or works of art depicted in any picture and the User must satisfy himself that all the necessary rights or consents as may be required for reproduction are obtained. The User shall indemnify the Library against any loss suffered by the Library from any reproduction of the picture by the User without effective releases, rights or consents. While the Library takes all reasonable care in the performance of this Agreement generally, the Library shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.

18. Pictures cannot be on-licenced, syndicated or loaned other than by our agents.

19. Where permitted, users may hold pictures in any form for 30 days and holding fees are waived where reproduction licences are paid.

20. After 30 days a reproduction licence must be requested or an extension requested or prints or transparencies returned or in the case of digital files a statement of destruction provided. Failure to do so will cause loan fees to be charged.

21. Users who download or copy pictures must obtain a licence before publishing in digital or analogue form except as provided otherwise to contract customers.

22. On termination of any licences or agreements all digital pictures stored electronically must be destroyed and a certified certificate supplied to TopFoto if requested and prints and transparencies returned.

23. Watermarks may not be removed.

24. Users may be charged for each high resolution download.

25. Reproduction rights are not granted exclusively to the User except when specified on the invoice.

26. This Agreement shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the courts of England.