Welcome to the Poppyfield Gallery website. Below are the Terms that govern your use of this site. These terms constitute a legal agreement ("agreement") between you and Jason Ball. (“Jason Ball” "Poppyfield Gallery" "we" or "our"). Please read this agreement in its entirety before you continue to use this website. If you do not agree, discontinue using the site. WEBSITE TERMS & CONDITIONS Attention! All users and visitors to www.poppyfield-gallery.com (referred to as “the Website”, “this Website” or “the Poppyfield Gallery website”) must abide by these Terms and Conditions (“terms”). By using this Website you indicate that you agree to the Terms and Conditions. These Terms and Conditions are subject to change and it is the responsibility of the user to ensure that they are aware of all current terms and conditions. Please read these terms carefully before using this website. If you do not accept these terms and conditions ("terms"), do not use this website. All rights reserved This website is owned and operated by Jason Ball. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by Jason Ball, the licensors and content providers. In cases where material is collaborative the Copyright is owned by contributors, associates, or principals of Jason Ball. Protection of Intellectual Property All elements of Jason Ball’s Poppyfield Gallery website, including, but not limited to, the general design and the Content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Poppyfield Gallery or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Poppyfield Gallery or its licensors unless otherwise expressly agreed. Indemnification for Breach You agree to indemnify Jason Ball, the Poppyfield Gallery, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the Terms of this Agreement or your unauthorised use of the Content and related rights. How you may use the content on this website Images, other than watermarked images, may only be used commercially once you have entered into a licence agreement (EULA) and paid the relevant fee. Watermarked images may only be used for your internal "comps" and layouts. Jason Ball does not grant you any licence to use these Images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, Jason Ball grants you no other rights, and you may not distribute, sublicense, or make available for use or distribution, any images. Model and Property Releases i) Jason Ball gives no representations or warranties whatsoever as to the existence of any Release associated with the Image. ii) Jason Ball gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image. iii) You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of the Image have been secured. TERMS & CONDITIONS FOR PRINTS Prints are supplied in accordance with these Terms and Conditions. Distinguishing Ownership and Intellectual Property Upon agreement and following payment in full, the print becomes the property of the buyer. However all rights including copyright and intellectual rights over the image, both the original and extracts thereof, remain that of Jason Ball. In cases where Jason Ball acts as an agent the Copyright is owned by contributors, associates, or principals of Jason Ball. Put simply, you would own the print but not the copyright, or any other rights over the image. Exclusive Ownership Jason Ball reserves the right to sell further copies of his images, whether in the same or any other format. Ownership of a print has no bearing whatsoever upon the freedom of Jason Ball to issue, alter, promote, market or sell the image in any way. Exclusive ownership of the image, its copyright and full intellectual rights can only be negotiated and sold under special agreement with the photographer or artist; however this service is not under offer through the Poppyfield Gallery website. Put simply, ownership of a print does not give you any control or exclusive rights for an image. Quality Jason Ball endeavours to ensure prints are all of high quality and strives to ensure consistency in quality. However, there may be variation between prints for a range of reasons, for example due to variation in inks, paper, printing environment and print technology. Frames used for the print will always be of the type described, unless unavailable, in which case Jason Ball will seek agreement with the buyer for a suitable other frame, and wherever practicable it will be as similar as possible to the listed type. Variation in frames is normal and this might be for a range of reasons, such as the maker, the wood, and other materials used to fabricate the frame. Customers therefore accept that there may be variation with prints, different editions of prints, and frames. Screen Images It should be noted that images on screen are for viewing purposes only and are not intended for commercial use. The quality is only suitable for viewing. It should also be remembered that there may be differences in the quality, tone, colour balance, layout and sizes of images, depending on the monitor screen used for viewing, the monitor settings, age and condition. Reproduction of any image on paper or other media will show variance from screen images due to the difference in the ways each media produces colour. Customers therefore accept that there may be variation between what is seen on screen and with prints. Sizes, Formats, Resolutions Print, transparency, file and other image sizes, formats, types and resolutions are approximate and may vary due to the particular image in question. Jason Ball endeavours to provide consistency and excellent quality in all items sold. TERMS & CONDITIONS FOR DIGITAL IMAGES The End User Only the end user will be licensed to use the image. ‘Permission for use’: The End User Licence and Rights of Use of Images Upon payment in full, Jason Ball will licence the end user (give permission for use), who may or may not be the purchaser, the right to use the image for all purposes specified by the agreement, termed an “End User Licence Agreement” or EULA. (For example, the MARKETING EULA would include the marketing, promotional, advertising, editorial and display purposes in the normal course of trading by the end user.) Copyright is owned by Jason Ball. In cases where Jason Ball acts as an agent the copyright is owned by contributors, associates, or principals of Jason Ball. There is no condition or restriction as to the length of time the end user may use the image, nor to the geographic whereabouts that it is used, nor to the size, type of display or juxtaposition of the image. Neither the end user or purchaser may sell or transfer the image or allow the image to be used by another party. The image is not offered on an exclusive use basis. Payment and Terms Payment is required with order and in sterling. Payment can be made by direct payment to the specified UK bank account or sent as a cheque and sent by post. Authorisation It understood that any individual placing an order on behalf of an organisation or end user is authorised to do so. Preparation Processing and Delivery In most cases standard image goods will be delivered within 14 days or sooner. They will be delivered by electronic transfer (including e-mails and attachments), Royal Mail post or independent carrier. Goods can be delivered within 7 days or less, down to same day delivery on occasions. Where goods are required within seven days or sooner, by specific arrangement, an express service charge will apply. Similarly where special delivery services are required and goods have to be insured, extra charges may be incurred. Specific information on this is given on request. Standard Images The "standard" image is the description given to the image. Manipulation, re-sizing and any changes required to the standard image are additional services and extra fees will be charged for these. Sizes, Formats, Resolutions Print, transparency, file and other image sizes, formats, types and resolutions are approximate and may vary due to the particular image in question. ‘No Further Sale ’ Agreements Whilst appreciating that some customers may wish to have the exclusive use of an image, "exclusivity" is not included within the price of a standard ‘permission for use’ for any image. For an extra fee a "no further sale" agreement is negotiable on some images. Any "no further sale" agreement charges will vary, depending on the image chosen, but in the main, will start at the standard image charge plus £99 per annum or £12 per calendar month per image. The "no further sale" agreements mean that Jason Ball will not licence the use of a specific image during the period that a no further sale Agreement is in force. Customers should be aware, however, that an image may have been licensed for use prior to a no further sale request and Jason Ball will be free to re-licence the image to other customers when the no further sale agreement period is over. We will, of course, always discuss the issues in each case. Preference for a ‘no further sale’ agreement will usually fall to the current ‘exclusive’ customer with an existing or prior agreement. Screen Images It should be noted that the images on screen are for viewing purposes only and are not intended for any commercial use. The quality is only suitable for viewing. It should also be remembered that there may be differences in the quality, tone, colour balance, layout and sizes of images, depending on the monitor screen used for viewing, its' settings, age and condition. Supply of Images Jason Ball reserves the right not to supply an image if he judges use to be in bad taste or against the interests of Jason Ball, associates, customers or contributors. Claims Once goods have been ordered and processed and supplied according to order, we cannot accept cancellation of the order and the goods cannot be returned for a refund or credit. We must be notified within 7 days of invoice date of any goods or services that are incorrectly supplied, damaged or defective. After this time, no claim, credit or refund will be allowable. |
Disclaimer
Websites and companies listed, mentioned, promoted, advertised or linked on the Poppyfield Gallery website are not controlled by Poppyfield Gallery and we are not responsible for any content contained in any such website or company or any loss suffered by you in relation to your use of such websites and companies. We have listed the sites and contacts due to their relevance and potential help to our contributors, but we can not monitor performance or content. You waive any and all claims against Jason Ball, his associates, and the Poppyfield Gallery regarding the inclusion of links to outside websites or your use of those websites.