Acceptance of terms
Your access to and use of www.jerseyevents.com ("the Website") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
a. For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “ and “the Client” shall be interpreted as references to the Photographer’s Client.
b. For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Jason Sheldon, and shall where the context so admits include their respective assignees, sub-licensees and successor in title.
c. “Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
d. All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
e. Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
f. Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
g. Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
h. When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Changes to the website
Jersey Events reserves the right to:
a. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that www.jerseyevents.com shall not be liable to you for any such change or removal; and
b. change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
Links to third party websites
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
Ownership of Materials
a. Title to all Photographs remains the property of the Photographer.
b. When the License to Use has expired the Photographs must be returned to the Photographer in good condition within 30 days and any archived digital files destroyed.
c. Title to any materials used in producing the Works is not transferred to the Client upon payment of the invoice.
a. The License to Use comes into effect from the date of payment of the relevant invoice(s).
b. No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
c. Any permission that 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 liquidation.
d. Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed.
Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the license to use further charges will be made.
e. Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied.
f. On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any license granted shall immediately cease.
a. All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to JerseyEvents or otherwise used by JerseyEvents as permitted by law. The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and in perpetuity unless explicitly assigned in writing and signed by the Photographer and the Client.
b. In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
c. Images purchased from the website are not to be used for media purposes in either digital or print formats. Should you wish to use an image from the website you must have written permission from us to do so and the image must be paid for prior to it being used for any such purpose. The use of images from the website without permission will be treated as a breach of copyright law and will result in us taking legal action.
d. Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
e. The License to Use requires that either the Photographer’s name ‘© photographers name’ or '© photographers name/JerseyEvents.com' will be printed on or in reasonable proximity to all published reproductions of the Photograph(s), in print and online. The Photographer also asserts his/her statutory and moral 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.
f. To avoid confusion, where a 'Buyout' is requested, it shall be taken to mean 'exclusivity' and thus shall increase the value of the fee. A 'Buyout' will not transfer copyright to the Client, nor shall it mean in perpetuity.
Disclaimers and limitation of liability
a. The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
b. To the extent permitted by law, JerseyEvents will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
c. JerseyEvents makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else, which may be harmful or destructive.
d. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of JerseyEvents for death or personal injury as a result of the negligence of JerseyEvents or that of its employees or Agents.
You agree to indemnify and hold JerseyEvents and its employees and Agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against JerseyEvents arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of Jersey and you hereby submit to the exclusive jurisdiction of the Jersey courts.