Disclaimer

The term picture or image includes photography, transparency, negative, design, artwork, painting, engraving, digital image file or any other item which may be offered for the purpose of reproduction; the term reproduction includes any form of publication or copying of the whole or part of any picture whether altered or not and whether by printing, photography, slide projection (whether to an audience or not), xerography, electronic or mechanical reproduction or storage. Or for any use as artist's reference or illustration, or in a layout or presentation.

No variation of the terms and conditions set out here will be effective unless agreed in writing by both parties. In the event of any conflict between these terms and conditions (including those relating to the time of payment) and those issued or submitted by the Client and in the absence of any contrary agreement in writing these Terms and Conditions shall prevail.

Pictures are supplied on loan and no property or copyright in any picture passes to the Client either on submission of the pictures or on the grant by SJD or reproduction rights for any picture.

The invoice lists all the pictures delivered to the Client using the image number as a unique reference. The pictures are presumed to have been received in good condition unless the Client notifies SJD in writing of any discrepancy or error within 14 days of receipt.

While SJD has taken reasonable care to correctly identify, caption and orientate the pictures, it does not accept any liability for loss or damage incurred by the Client or any third party caused by any errors

Permission to reproduce a picture is granted to the Client by SJD only when a fee for the reproduction has been agreed with SJD and an invoice has been issued by SJD and paid in full by the Client to SJD.

Permission to reproduce a picture applies only to the reproduction described in the invoice or license. In the event of unauthorized reproduction, the Client shall pay by way of liquidated damages to SJD an unauthorized use fee of €100 or double the standard reproduction fee for the use concerned, whichever is the greater.

The right to reproduce a picture granted by SJD is personal to the Client and may not be assigned to any third party without SJD's prior written consent.

Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on SJD’s invoice. An agreement must be reached with SJD before the pictures are used for a different purpose or after the license to use has expired.

Reproduction rights are not issued exclusively to the Client except when specified on the invoice.

Reproduction rights granted are personal to the Client and may not be assigned, nor may any picture submitted to the Client be loaned or transferred to third parties save for the purpose of the exercise by the Client of such reproduction rights.

Any reproduction rights granted are by way of license and no partial or other assignment of copyright shall be implied.

SJD reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.

SJD does not permit "self-billing" by the Client and a license to reproduce is granted only when the full fee has been agreed with, invoiced by, and paid to SJD in accordance with condition 05 above.

If SJD's invoice is not paid in full within 30 days of issue, SJD may charge interest on the overdue payment at 2.5% per month or part of a month.

Payment will be done by the way JoyceDur.com provides or any other form with the written permission of SJD. The total sum can be refused by SJD, if the Client has violated the Terms of Condition by any means or did not agree with them. Violating the Terms of Condition will have juridical consequences.

Delivery will take place within two weeks after the payment of the Client has been done. Unless discussed otherwise, the delivery will be done by mail. Digital files sent by email are considered mail as well.

If the Client neglects to deliver the needed information or refuses to, the deliveries will be saved by risk of the Client after SJD has informed the Client. In this case the Client is responsible for all costs due to neglect or refusal.

SJD is not responsible for any loss or any kind of damage to the deliveries.

The Client may not alter or add to or manipulate a picture by means of computer or any other technique or reproduce a picture in whole or in part as an element within, or as a montage with, another picture without SJD's written permission.

Unless specified in writing, SJD makes no claim or warranty as to the existence or validity of connected therewith model or other releases in respect of the pictures or as regards the reproduction by the Client of any names or trademarks depicted in the pictures. It is the Client who must satisfy himself that all necessary rights, releases or consents required for reproduction have been obtained.

The Client will fully indemnify SJD against any unauthorized reproduction of a picture submitted to the Client made by any third party as a result of or arising out of any breach by the Client of any of these terms and conditions (including but not by way of limitation the Client allowing a picture or a copy thereof to come into the possession of a third party without SJD's prior written consent).