PHOTOS FOR FOOD CHARITY DRIVE
Digital photographs supplied in exchange for donations to South African coronavirus relief charities are intended for personal enjoyment and not for commercial use. Should you wish to make use of them for your business or other purposes, please contact me so we can discuss a mutually beneficial exchange.
Thank you!
COPYRIGHT AND LICENSING
All images on this website are copyright ©2020 Andrea Nixon / Andy Nix Pix, may only be used according to the individual license to use and the attached terms and conditions. Accepting your order you agree to abide by these terms and conditions. Thank you!
1 DEFINITIONS
For the purpose of this agreement, “Photographer”, “Andrea” and “Andy Nix Pix” refer to Andrea Nixon. “Photographs” refers to all photographic material, in film, print or electronic formats supplied by Andrea Nixon. “Client” refers to the person or organization, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs. “Licence” refers to the Licence to Use the Photographs.
2 COPYRIGHT & OWNERSHIP OF MATERIALS
The copyright in all Photographs resulting from the Licence remains the property of Andrea Nixon, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended. The entire copyright in the Photographs is retained by Andrea Nixon at all times throughout the world and title to all Photographs remains the property of Andrea Nixon. All copyrights that arise out of performance of Andrea Nixon’s obligations under this contract shall arise not by commission but shall be the creation of Andrea Nixon. The Client shall be supplied with Photographs for copying on the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright on agreement of a reasonable fee for that use. When the Licence to Use the material has expired the Client must return all Photographs, in the form of film, prints or other physical copies, undamaged to Andrea Nixon within 15 working days from the date of expiry of the Licence and any digital files in the possession of the Client must be deleted or destroyed.
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) without Andrea Nixon’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 Client is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without Andrea Nixon’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, Andrea Nixon’s permission must be obtained before any use of the Photographs for other purposes. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must 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.
4 RIGHT TO A CREDIT
If “Credit” has been indicated on the licence Andrea Nixon’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). Photographs used in social media, such as Facebook, Twitter, Google+, etc., are to retain the Andy Nix Pix logo and a link to Andrea Nixon’s website (pix.andynix.co.za) or relevant social media page.
5 ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Andrea Nixon. Manipulation of the image or use of only a portion of the image may only take place with the permission of Andrea Nixon.
6 EXCLUSIVITY
If exclusivity has been granted the Client will be authorised to publish the Photographs to the exclusion of all other persons including Andrea Nixon however Andrea Nixon retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of promoting her work. After the exclusivity period indicated in the Licence to Use Andrea Nixon shall be entitled to use the Photographs for any purposes.
7 CLIENT CONFIDENTIALITY
Andrea Nixon will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable Andrea to carry out her obligations in relation to the commission.
8 PAYMENT
Orders for prints and digital images are confirmed on receipt of payment. Payment by the Client will be expected on the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Andrea Nixon reserves the right to charge interest at prime plus two percent from the date payment was due until the date payment is made.
9 REFUNDS
Due to the custom nature, orders for prints are non-refundable and may not be cancelled once confirmation of order and payment has been made.
10 CONFIRMATION & SHIPPING
Prints will only be shipped on receipt of the full amount due. Andy Nix Pix facilitates shipping on behalf of the buyer, using trusted and reliable courier delivery services to ensure that your artwork arrives safely, however the shipping agreement will be between the Courier and the Buyer. The buyer is responsible for insuring the artwork whilst in transit.
11 APPLICABLE LAW
This agreement shall be governed by the laws of the Republic of South Africa
12 VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
For more info on licensing and copyright, please see the Association of Photographers website:
http://www.the-aop.org/information/copyright-4-clients/faqs
Digital photographs supplied in exchange for donations to South African coronavirus relief charities are intended for personal enjoyment and not for commercial use. Should you wish to make use of them for your business or other purposes, please contact me so we can discuss a mutually beneficial exchange.
Thank you!
COPYRIGHT AND LICENSING
All images on this website are copyright ©2020 Andrea Nixon / Andy Nix Pix, may only be used according to the individual license to use and the attached terms and conditions. Accepting your order you agree to abide by these terms and conditions. Thank you!
1 DEFINITIONS
For the purpose of this agreement, “Photographer”, “Andrea” and “Andy Nix Pix” refer to Andrea Nixon. “Photographs” refers to all photographic material, in film, print or electronic formats supplied by Andrea Nixon. “Client” refers to the person or organization, its representatives, successors, assignees, agents and affiliates requesting the provision of photographic services and supply of photographs. “Licence” refers to the Licence to Use the Photographs.
2 COPYRIGHT & OWNERSHIP OF MATERIALS
The copyright in all Photographs resulting from the Licence remains the property of Andrea Nixon, irrespective of the stipulations of Sects 21 (1)(c) and 21 (1)(e), with amendments, of the South African Copyright Act No 98 1978 as amended. The entire copyright in the Photographs is retained by Andrea Nixon at all times throughout the world and title to all Photographs remains the property of Andrea Nixon. All copyrights that arise out of performance of Andrea Nixon’s obligations under this contract shall arise not by commission but shall be the creation of Andrea Nixon. The Client shall be supplied with Photographs for copying on the terms of this Licence. The Client shall have the right to seek further licences for reuse of any copyright on agreement of a reasonable fee for that use. When the Licence to Use the material has expired the Client must return all Photographs, in the form of film, prints or other physical copies, undamaged to Andrea Nixon within 15 working days from the date of expiry of the Licence and any digital files in the possession of the Client must be deleted or destroyed.
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) without Andrea Nixon’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 Client is put into receivership or liquidation. The Licence only applies to the advertiser and product as stated on the front of the form and its benefit shall not be assigned to any third party without Andrea Nixon’s permission. Accordingly, even where any form of ‘all media’ Licence is granted, Andrea Nixon’s permission must be obtained before any use of the Photographs for other purposes. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must 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.
4 RIGHT TO A CREDIT
If “Credit” has been indicated on the licence Andrea Nixon’s name will be printed on or in reasonable proximity to all published reproductions of the Photograph(s). Photographs used in social media, such as Facebook, Twitter, Google+, etc., are to retain the Andy Nix Pix logo and a link to Andrea Nixon’s website (pix.andynix.co.za) or relevant social media page.
5 ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of Andrea Nixon. Manipulation of the image or use of only a portion of the image may only take place with the permission of Andrea Nixon.
6 EXCLUSIVITY
If exclusivity has been granted the Client will be authorised to publish the Photographs to the exclusion of all other persons including Andrea Nixon however Andrea Nixon retains the right in all cases to use the Photographs in any manner at any time and in any part of the world for the purposes of promoting her work. After the exclusivity period indicated in the Licence to Use Andrea Nixon shall be entitled to use the Photographs for any purposes.
7 CLIENT CONFIDENTIALITY
Andrea Nixon will keep confidential and will not disclose to any third parties or make use of material or information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable Andrea to carry out her obligations in relation to the commission.
8 PAYMENT
Orders for prints and digital images are confirmed on receipt of payment. Payment by the Client will be expected on the issue of the relevant invoice. If the invoice is not paid, in full, within 30 days Andrea Nixon reserves the right to charge interest at prime plus two percent from the date payment was due until the date payment is made.
9 REFUNDS
Due to the custom nature, orders for prints are non-refundable and may not be cancelled once confirmation of order and payment has been made.
10 CONFIRMATION & SHIPPING
Prints will only be shipped on receipt of the full amount due. Andy Nix Pix facilitates shipping on behalf of the buyer, using trusted and reliable courier delivery services to ensure that your artwork arrives safely, however the shipping agreement will be between the Courier and the Buyer. The buyer is responsible for insuring the artwork whilst in transit.
11 APPLICABLE LAW
This agreement shall be governed by the laws of the Republic of South Africa
12 VARIATION
These Terms and Conditions shall not be varied except by agreement in writing.
For more info on licensing and copyright, please see the Association of Photographers website:
http://www.the-aop.org/information/copyright-4-clients/faqs