Terms and Conditions
FANTASY IMAGING LTD
TERMS AND CONDITIONS
1. COPYRIGHT AND REPRODUCTION
Fantasy Imaging Ltd shall own the copyright, and all other intellectual property rights, in all images created at the Event and shall have the exclusive right to make reproductions of any nature whatsoever subject to Fantasy Imaging Ltd only making reproductions for the Client or for Fantasy Imaging Ltd’s portfolio, as samples, for self-promotions, for entry in photographic contests or art exhibitions, for editorial use, or for display within or on Fantasy Imaging Ltd’s website and/or any of Fantasy Imaging Ltd’s sister websites.
b) In the event that Fantasy Imaging Ltd desires to make other uses of
any images, Fantasy Imaging Ltd shall serve a notice upon the client in writing providing particulars of the use intended and unless an objection is received within 7 days of the date of the notice then Fantasy Imaging Ltd will be at liberty to exercise the use without any liability whatsoever.
2. CLIENT’S USAGE
Client acknowledges and agrees that prints of all images obtained by Client are for promotional or personal non-commercial uses only, and Client shall not sell the prints or authorize any reproductions thereof by parties other than Fantasy Imaging Ltd. Client’s use of a print for reproduction, including use on internet social media sites and online galleries, is prohibited unless prior permission is authorized and granted by Fantasy Imaging Ltd in writing. If such permission is granted, Client shall insure that credit for images is given to “Fantasy Imaging Ltd ” and placed on or adjacent to the photograph in any publication or reproduction of the image. In accordance with the agreement of the Parties, if web hosting is requested, the Client may be given password protected access to Fantasy Imaging Ltd’s website to access images from the Event. Under such circumstances, Client acknowledges and agrees that Fantasy Imaging Ltd shall have no liability, in contract or tort, or otherwise for any unauthorized access to, or distribution of, the images on Fantasy Imaging’s website to any third party. The Client may request Fantasy Imaging Ltd to change the original password that enables access to the images from the Event in order to provide additional security for access to the images. Client further acknowledges Fantasy Imaging Ltd cannot control Client’s distribution of Client’s password and therefore Fantasy Imaging Ltd cannot guarantee that the
original password or any subsequent password can or will adequately protect access to the images by unauthorized third parties and it is hereby mutually agreed that no liability for any consequential loss attributable to any breach of security will attach to Fantasy Imaging Ltd whatsoever.
3. EMAIL DISTRIBUTION
Client acknowledges and understands that Fantasy Imaging Ltd will make every effort to distribute the Content requested by the Client’s agents, customers or guests (hereinafter “PATRONS”) to the email address the PATRON designates during the request process subject to the client’s clear written instructions. Client further acknowledges that Fantasy Imaging Ltd may not be able to deliver the Content to the designated email due to incompatibility, the lack of WIFI and/or Internet access, or other elements not within the control of Fantasy Imaging Ltd in which event it is mutually agreed that no liability for any consequential loss shall attach to Fantasy Imaging Ltd whatsoever. Fantasy Imaging will make every reasonable effort to provide client with deliverables within a reasonable time.
4. DATA COLLECTION
Fantasy Imaging Ltd agrees that Client and its PATRONS retrieve their photo or video as “Transactional or Relationship” content. Upon delivery of data to Client or its PATRONS, subject to compliance with all UK laws pertaining to privacy and copyright with regard to email, SMS, and social media marketing. It is hereby agreed that no liability will attach to Fantasy Imaging Ltd for breaches of law bit its clients and or patrons.
5. FORCE MAJEURE
If Fantasy Imaging Ltd cannot perform this Agreement due to any natural calamity, strike, act of God, or other cause beyond the control of
the Parties which, in Fantasy Imaging Ltd ‘s sole discretion, prevents Fantasy Imaging from performing its obligations under this Agreement, then Fantasy Imaging shall perform the contracted services on another date to be mutually agreed upon, or return the deposit to the Client. In such event, Fantasy Imaging shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials, including images, are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Fantasy Imaging Ltd. In the event Fantasy Imaging Ltd fails to perform for any other reason, Fantasy Imaging Ltd’s maximum liability for any and all damages, of every kind and nature, shall be limited to the Total Cost of the Agreement as set forth above.
6. ASSIGNMENT OR SUBSTITUTION
In the event of extraordinary circumstances, Fantasy Imaging Ltd may assign or substitute another company or individual to take the photographs or perform the services of this Agreement.
7.FADING OR DISCOLORATION
Client acknowledges that colour dyes in photography may fade or discolour over time due to the inherent qualities of dyes, and client
hereby releases Fantasy Imaging Ltd from any future liability for any claims whatsoever due to fading or discoloration or any other changes resulting due to fair wear and tear of the images over time.
This Agreement is subject to the jurisdiction of the laws of the United Kingdom.
8. OPERATING CONDITIONS
Fantasy Imaging Ltd requires a minimum of 240V power at the Event site and accessible within a reasonable distance from where Fantasy Imaging Ltd is to provide its services. Ideal operating conditions are indoors, between 60 degrees F and 80 degrees F, and in a dry environment. Fantasy Imaging Ltd equipment may operate in conditions beyond these parameters, but due to hardware limitations, Fantasy Imaging Ltd cannot guarantee continuous functionality outside of the aforementioned environment.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and
signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or
default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the
United Kingdom without regard to any state’s conflict of laws provision.
Company Name ______________________________________
Client Name _________________________________________
Client Signature ______________________________________