Legal Terms & Conditions
Terms and Conditions of Submission and Reproduction of Pictures
The following terms regulate your use of our pictures.
The use of the pictures is subdued to the stipulations of the “Código do Direito de Autor e dos Direitos Conexos” that is legal in Portugal (Law 63/85, 14th March, altered by Law 45/85, 17th September and 114/91, 3rd September and Laws 332/97, 333/97 and 334/97, 27th November. The client puts himself under the obligation of respecting the Portuguese laws.
1. In this Agreement the terms:
a) Client or User means who order and pays the Reproduction Rights, as well as who uses the pictures.
b) Author or his legal representative means who supplies the pictures.
c) Picture includes a photograph, transparency or negative, or supplied in digital format, which may be offered for the purposes of reproduction or exhibition.
d) Reproduction includes any form of publication or copying of the whole or part of any picture, altered or not, whether by printing, photography, slide projection (whether or not to an audience), xerography, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
e) Date for Return is the date by which the pictures must be returned as specified on the delivery note. If no date is specified, the Date for Return shall be four weeks from the date of the delivery note.
2. No variation of terms or conditions set out herein shall be effective unless agreed in writing by both parties.
3. Pictures are supplied only for the specified purpose and no property or copyright in any pictures shall pass to the Client whether on its submission or on the Author grant of reproduction rights in respect thereof.
4. A non-refundable service fee may be charged to cover administrative costs and dispatch of pictures and is payable by the Client on each submission and resubmission of pictures whether or not reproduction rights are required or granted.
5. a) Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Author or his legal representative's invoice or delivery note and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only.
b) Reproduction rights are not granted exclusively to the Client except when specified on the invoice.
c) 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.
d) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
6. The Author's delivery note will list all the pictures delivered to the Client, which shall be presumed to have been received in good condition, unless within 3 days of receipt the Author receives notification of any discrepancy or damage.
7. a) Risk in and responsibility for pictures passes to the Client from the time they are received until their safe return. The Client shall immediately inform the Author in writing of any known loss or misuse of, or damage to the pictures while in the Client's possession or that of any third party. If a picture is not returned within 12 weeks of the date for return, the Author may in its sole discretion presume it to be lost.
b) The Client shall be liable to pay compensation to the Author or his legal representative in respect of each picture lost or damaged (1000 euro for each picture). The loss or damage of colour or monotone prints or duplicate transparencies for which there are available originals shall also be the subject of compensation, but at a different level (50 euros for each picture). Payment of compensation does not give rise to any rights in any picture.
c) A picture subsequently found must be returned immediately.
8. Any picture must be returned in its original mount.
9. The Client must return every picture to the Author by its date for return by any method affording proof of delivery . Adequate protection must be given to pictures in transit. A delivery note listing and totalling the returned pictures must be enclosed, and an advice in writing with this same information sent by separate post.
10. Unless otherwise agreed each picture may be held by the Client rental free until its Date for Return and thereafter the Client shall be liable to pay a rental fee (5 euros) per picture per week or part thereof pending its return. Payment of the rental fee does not entitle the Client to retain the picture after the Date for Return.
11. a) Until the Supplier has invoiced the reproduction fee neither party is committed to grant or to acquire any reproduction rights in any picture.
b) The Client's right to reproduce a picture arises only when the Author or his legal representative 's invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of this Agreement entitling the Author or his legal representative to rescind the Agreement and rendering the Client liable for the payment of damages.
c) The Client agrees to indemnify the Author or his legal representative in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper reproduction rights of any picture supplied to the Client by the Author.
12. a) The Author or his legal representative 's invoice shall be paid within the dates agreed.
b) If payment is not made in accordance with a) above then the Author or his legal representative may rescind this Agreement and recover damages, or, at its option, may charge interest on the overdue amount at 2% per month on the outstanding balance.
13. Unless otherwise agreed in writing, if any picture reproduced by the client omits the copyright notice ( © Maurício Abreu ) the reproduction fee payable by the client shall be subject to an increase of 50%.
14. a) The copyright notice should always be placed near the picture, or in a well visible location that shows that the picture has the reproduction rights reserved.
b) In editorial works the mention of the copyright notice is obligatory.
15. Electronic storage of images is forbidden without the express written permission of the Author or his legal representative.
16. Pictures shall not be copied, on-loaned or otherwise disposed of and no use whatsoever shall be made of them by the client without prior written consent of the Author or his legal representative, nor shall the image be altered or manipulated, added to, or have any part deleted without the prior written consent of the Author or his legal representative.
17. In the case of printed publications, one copy of the relevant pages containing any picture supplied are to be furnished to the Author by the Client free of charge within four weeks. In other media evidence of use must be made available if requested.
18. While the Author or his legal representative takes all reasonable care in the performance of this agreement generally, the Author or his legal representative shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption.
19. It is the Client who must satisfy himself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the Author or his legal representative gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is used or reproduced by or with the authority of the Client then the Client shall indemnify the Author or his legal representative against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
20. By using this website, you agree to be bound by the terms and conditions of this agreement.
21. This agreement shall be subject to and construed according to Portuguese law the parties agree to accept the exclusive jurisdiction of the Courts of Portugal.
22. No image as property release. Model Releases as noticed.
Praceta Manuel Luis Figueiredo, 15, 1º Dtº
2900-477 Setubal, Portugal