Mutually Beneficial Agreement & Understanding
Welcome
Please read the T&C here (and on photographic quotes/estimates emails/paperwork you may receive).
By continuing to browse/use this website you agree to comply with and be bound by the following terms and conditions of use. We recommend that you print a copy of these terms of use for future reference. If you do not agree to these terms of use, you must not use this website.
The content on this website is for your general information only. The content on the website, including these terms of use, are subject to change without notice. Please check this page from time to time to take notice of any changes we make to these terms of use, as they are binding on you.
Photographic terms & conditions
1. Definitions
“Photographs” means all photographic material furnished by the Photographer, whether transparencies, negatives prints or any other type of physical or electronic material. Still or moving images created by Margaret Yescombe.
2. Copyright
The entire copyright in the Photographs / Video is retained by the Photographer / Videographer at all times throughout the world. Moral Right and Right to a Credit are asserted on all still and moving images produced by Margaret Yescombe. All images on this website are copyright of Margaret Yescombe and no part of any material may be stored, reproduced, manipulated or transmitted by any means without permission. All rights reserved.
3. Use
The Licence to Use comes into effect from the date of payment of the relevant invoice(s). No use may be made of the Photographs before payment in full of the relevant invoice(s) and expenses without the Photographer’s express permission. Any permission which may be given for prior use, will automatically be revoked if full payment is not made by the due date, or if the Agency is put into receivership or liquidations. The Licence only applies to the advertiser and product as stated on the front of the form and this benefit shall not be assigned to any third party without the Photographer’s permission. Accordingly, even where any form of ‘all media’ licence is granted, the Photographer’s permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sublicensing through a photolibrary. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which much be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions. Nemo dat quod non habet.
4. Right to a Credit & Moral Rights Asserted
The Photographer has asserted her “Right to a Credit”, the Photographer’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). The Photographer also asserts her statutory right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof. Failure to credit the Photographer will result in you being charged double.
5. Image Manipulation
Manipulation of the image or use of the only a portion of the image may only take place with the permission of the Photographer.
6. Postproduction: Client requested amendments
If additional amendments/retouching are requested by client, and the request accepted by the Photographer, this will be charged on an hourly basis.
7. Model Releases
All persons being photographed (Individuals, Models, Actors, etc) will be required to sign a standard model release. Except models/talent booked through agencies, where an image usage agreement is made directly with the agency prior to the shoot. If the person(s) being photographed request in advance, a confidentiality/exclusivity agreement can be arranged for a fee.
8. Testing & Unpaid Photo-shoots/Retouching
Full creative direction is retained by Photographer. One retouched image per viable outfit/look supplied digitally, for use in direct shoot team’s portfolio only. Copyright is retained by Photographer.
9. Applicable Law & Jurisdiction
This agreement shall be governed by the laws of England & Wales. These Terms and Conditions shall be interpreted in accordance with English Law and the parties agree to submit to the jurisdiction of the English Court.
10. Variation
These Terms and Conditions shall not be varied expect by agreement in writing.
Intellectual property rights
The intellectual property rights on the website and in the material published on it are owned by or licensed to us. This material includes, but is not limited to, the graphics, text, and imagery. This material is protected by copyright laws and treaties around the world. All such rights are reserved. Any redistribution or reproduction of part or all of the contents of the website in any form is prohibited other than as set out below.
You may print or download to a local hard disk extracts for your personal and non-commercial use only. You may copy the content to individual third parties for their personal use, but only if our status (and that of any identified contributors and licensors) as the authors of content on our website is acknowledged.
You may not, except with our express written permission, distribute or commercially exploit the content.
You may not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
If you print off, copy or download any part of our website in breach of these terms of use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Amazon Affiliate Marketing
Maggie my from time to come suggest products on www.MargaretYescombe.com. In some cases Maggie makes commissions from some products sold. Maggie only ever suggests a product to her readers that she’s either seen, read, or has complete faith in.