"We" and/or "Us" means the picture supplier Peter J. Hosey.

"You" means the person or entity named as client.

"client" means the person or company named on the invoice and/or the request for an image licence.

"Image" means any item which may be offered for the purposes of reproduction.

You will be deemed to have accepted these terms and conditions unless you notify us to the contrary and return the Images to us within 7 days of receipt.

No variation of these terms or conditions shall be effective unless agreed in writing.

1) Unless we receive notification within 48 hours to the contrary, all images shall be deemed to have been received undamaged and in good condition.

2) Reproduction rights unless otherwise agreed are subject to these conditions and any terms and conditions that may be set out in the licence and/or the delivery note

3) Any reproduction by whatever means either in whole or part of any image(s) supplied by us without our written permission is strictly forbidden. Any reproduction outside the agreed terms or before payment of the invoice constitutes a breach of this Agreement and an infringement of copyright entitling us to claim damages. In such a case you must indemnify us in respect of any claims, damages, costs, or expenses we incur.

4) Unless expressly indicated, no reproduction rights are granted by virtue of delivery of image(s). Reproduction rights will only be granted and the clients right to reproduction only arise if a) licence terms are agreed and b) our invoice relating to the licence of such right is fully paid.

5) It is the clients responsibility to ensure that all required rights and consents have been obtained for image reproduction usage. It is the clients responsibility to ensure that the use of any image is not indecent, libelous, obscene or unlawful.

6) We make no claim or warranty with regard to your use of text, names, content, people, trademarks or copyright material depicted in any image. You will indemnify us in respect of any claims, damages, costs or expenses arising from the use any image supplied to you.

7) A licence is for single use only. A single use means a reproduction in a) one size for one edition only of a single publication published in one language only, b) strictly limited to the period of time and use as stated in the licence, c) not assignable by you to any third party.

8) You will not store, create, or transmit images supplied by us without our permission except so far as is wholly or incidentally necessary to the process of producing items licensed by us.

9) Images can be manipulated, altered or added to providing that the image is not shown in a detrimental way.

10) You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:

11) Each Digital Image created by you shall be recorded and labelled with the Image reference name or number used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.

12) You agree to destroy all Digital Images including any pre-press or pre-production copies of the Images and any copies or records of the Images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, or expiry of the licence term, whichever is later.

13) You must credit Peter J Hosey every time an image is used. The credit must be of the form ©Peter J. Hosey@peterjhosey.com. If the image is to be used on a website then the credit must be a link of the form ©Peter J Hosey with the link pointing to http://www.peterjhosey.com. The link must be placed on the same page as the image unless otherwise agreed.

14) On publication you must provide us with at least one complimentary copy of the (any) publication in which the image supplied by us appears. In the case where a supplied image appears on a website you must supply us with the URL of the website.

15) We shall not be liable for any damage or loss suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.

16) Unless otherwise stated in writing you must pay our invoice within 30 days of issue. If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.

17) Any licence granted by us will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed; (c) die; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.

18) Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

19) Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in us and you hereby assign all such rights arising to us.

20) Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure.

These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.

21) If an image or other item supplied by us is defective upon receipt you must in the first instance phone or email us stating the nature of the defect.