Legal Stuff

Copyright notice and Terms of Use Summary Unless explicitly mentioned otherwise, Martyn John Cartledge owns the exclusive copyright to all photographs and text appearing on the asp-photos.co.uk site. All images are copyright. No images are within the Public Domain. Any use of images outside of the guidelines outlined in this document is copyright infringement.

• PRIVATE USE, limited to: (a) personal, non-commercial or (b) sample, design, test, or layout use ("comp use"), i.e. ‘try before you buy’ can be done without permission. All other uses require written permission obtained through email.

• PUBLIC USE (diffusion by any means) for non-commercial purpose by all-volunteer/charity organisations will likely be granted free permission, but approval is required. Free permissions always require proper attribution (including an active backlink, if used on the Web), and no alterations.

• All others will need a licensing contract and payment. See how to license images (a special license is provided for use as classroom teaching materials).

PLEASE READ section A and the appropriate section B below for details BEFORE contacting us.

If your email doesn't clearly indicate that you've read all the relevant sections of this document, we will just refer you to it before proceeding further.

A. Image uses that require a license Sold, or used in any way in connection with any activity where payment is earned. This includes, but is not limited to:

• use on behalf of any organization which has paid personnel (INCLUDING NON-PROFIT,educational, religious, or government),

• use in your professional work (for example internal presentations, newsletters, logo, stationary, cards, preaching materials, and teaching materials),

• use for advertising, editorial or promotional purposes (including any fund raising activities and auctions),

• use on a commercial, advertising or self-promotional web site,

• use on a product that is sold, or contains paid advertising.

The only exception is sample, design, test, or layout use ("comp use"), for the only purpose of evaluating how a finished piece would look like. If you have particular concerns about image use, or wish to reproduce any of the images for professional or commercial purposes, please email me to learn how you can receive a high resolution digital file delivered on the same day. Note that licensing fees start at £100 (minimum fee generally applies only for small sizes and/or number of copies, or some web uses), and that no free licenses are granted solely in exchange for credits or links.

B. Image uses that do not require a commercial license

1. PRIVATE USE for personal, non-commercial purpose is allowable when used to determine what is required for an order that will be placed with M J Cartledge/ASP The above image usage DO NOT REQUIRE written authorization and apply only for the low resolution images that can be downloaded directly from the site.

Please note that these are for private use only. All other usage, including the distribution or reproduction of multiple copies, performance or otherwise use in a public way of the images or text REQUIRES WRITTEN AUTHORISATION. 2. PUBLIC USE (diffusion) for personal, non-commercial purpose requires permission Permission will likely be granted for free for the following types of reproduction:

• Making derivative works such as paintings and drawing for personal or educational use

• Limited diffusion in personal educational documents such as school reports and thesis (for student only).

• Displaying on a personal non-commercial web page (this excludes self-promotional web pages) provided that you display next to the image: (a) copyright information and (b) an active HTML link to www.asp-photos.co.uk. A code like the following is appropriate: photo by M J Cartledge ASP, all rights reserved.

Please note that this is not sufficient to just post the image with the border containing the imprint "© M J Cartledge/www.asp-photos.co.uk". You must create a hyperlink to asp-photos.co.uk. However, you need to email us for authorization with ID numbers of the image(s) you wish to use, the details of your project, or the address of your finished web page. Please be sure to read the section General Conditions.

3 PUBLIC USE (diffusion) for all-volunteer organizations requires permission Please pay attention to the fact that "all-volunteer" and "non-profit" are NOT the same. If you are an all-volunteer organization with no paid staff or membership fee, and you provide only free services or information, you will likely qualify to use free image for:

• The organization's brochure, newsletter or slide/Power Point presentation.

• Displaying on the organization's web page, provided that you display next to the image: (a) copyright information and (b) an active link to www.asp-photos.co.uk. A code like the following is appropriate:

photo by M J Cartledge/www.asp-photos.co.uk, all rights reserved.

All-volunteer organization image use REQUIRES WRITTEN AUTHORISATION and apply only for the dissemination of information. Free use will NOT be granted for fund raising activities, nor for ANY organization that has paid personnel or charges for services or membership. For consideration, email us with the following information: (a) Name, full address and background of the organization, (b) Intended usage for the image(s), (c) Address of the non-profit web site (if any). (d) State explicitly that nobody in your organization is paid (merely stating that they are not paid for the task for which image(s) are required is insufficient). Please be sure to read the section General Conditions. 2.4 General conditions for free image use Grant. Free image use can only be obtained by emailing us, after you receive an email granting the permission. If you do not receive an answer, it means permission was not granted. Applicability. Free image usage applies ONLY for the low resolution images that can be downloaded directly from the site. No free PUBLIC usage will be granted for the high resolution images available by subscription, and no high resolution images will be sent for free. Attribution. No free images or text may be used without carrying appropriate copyright information next to the images or text, acknowledging that the copyright to is owned by "M J Cartledge/www.asp-photos.co.uk". No Alterations. All free images must accurately represent the original work and be used in their entirety. Tampering, additions, cropping, low quality reproduction, or other alterations and transformations that would affect the integrity of the image are not permitted. This includes removal of the "© M J Cartledge/www.asp-photos.co.uk/ASP Photos" mark. Rights. The images or text of "Martyn J Cartledge" which you obtain from any source are licensed to you by Martyn J Cartledge for the limited purpose of personal, private use. In case of public use, any grant of rights is only for the specific use for which you were granted permission. Any other subsequent use requires a separate authorization. Further no license is granted in respect of any property rights. This does not mean that the title to the image was transferred to you. You own the medium on which the images or text are recorded, but Martyn J Cartledge retains full and complete title to the images or text, and any intellectual property rights therein. ASP Photos/www.asp-photos.co.uk reserves the right to make future changes to these guidelines. By using any “Martyn J Cartledge " image you thereby consent to these guidelines and any future changes.

C. General terms of use of this website

Links

You are always encouraged to make a link to any of the web pages (html files) included in this server without any restriction.

Prohibited actions

Embedding images into a web page, that is have a direct ("hot") link (img src) to any image (jpeg file).

Using programs to automatically download or spider large portions of the asp-photos.co.uk site for other purposes than indexing.

Framing of any of the asp-photos.co.uk web pages

TERMS AND CONDITIONS OF BOOKING

1. It is agreed that the terms set out in the booking form is the total agreement made between the parties and that no variation or modification of this contract shall be effective unless agreed by both parties in writing.

2. Special Requests/Coverage

The client understands and accepts that the photographic coverage will be as the photographer’s professional expertise determines and that no one photograph will be deemed more important than another. Special requests are not binding instruction, although every effort is made to comply with the client’s wishes.

3. Any special requests not notified on this booking form must be made by the client to the photographer/s in writing.

4. The Photographer On occasions and without notice it may be necessary for the photographer originally specified to be substituted by another photographer, (e.g. due to ill health).

5. Images All image sizes are nominal. The photographer/s will provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on film or as electronic media (digital) the exact colour as seen by the human eye.

6. Retouching Retouching, digital manipulation and artist finishing is available to the client as an optional extra unless specifically agreed as part of the contract.

7. Copyright Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/ electronically or by any other means an image created as part of this contract without the permission of the photographer/s in writing. Any breaking of seals in the viewing album will presume a breach of copyright.

8. Negatives/Digital Files Negatives/digital files remain the property of the photographer/s.

9. Licence The photographer/s shall be granted complete artistic licence including in relation to the poses photographed and the locations used. The photographer/s’ judgement regarding the locations/poses and number of images taken shall be final. Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.

10. Force Majeure or Act of God The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

11. Previews Although the photographer will do his best to produce more proofs/preview prints than set out in the brochure/as discussed with the client, there is no guarantee that any particular number of proofs/preview prints will be produced.

12. Display The client hereby allows the photographer/s to display any images included in this contract in their studios, portfolios, literature, wedding, exhibitions, website and advertising. No use of the images will be made by the photographer/s for other commercial reason except with the written permission of the client.

13. Cancellation The client may cancel this contract at any time by giving written notice to the photographer/s but in doing so shall forfeit any monies paid. Should cancellation be received by the photographer/s less than two (2) weeks prior to the date of the ceremony, the client shall in addition pay a sum equal to 50 % of the contract value. The said sum shall be payable as compensation as an estimate of the loss the photographer/s would suffer.

14. Limitation of Liability In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

15. Complaints Any complaints should be raised by the client with the photographer/s, in writing, within 28 days of first becoming aware of the matter to be complained of and in any event within 28 days of receipt of the images.

16. Use in advertising By making a booking you are agreeing that any images taken can be used by Martyn J Cartledge to promote his business in any media unless such use is specifically denied by you.