Terms & conditions

In accordance with the Copyright, Designs and Patents Act 1988

1. DEFINITIONS In this Agreement the terms 

(a) Picture includes a photograph, transparency, negative, digital scan, design, artwork, painting, montage drawing, engraving or any other item which may be offered for the purposes of reproduction: 

(b) Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means 

(c) The Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party). (d) The Photographer is the copyright holder.

2. COPYRIGHT 

(a) The copyright in all pictures offered for sale on this site is retained by Roger Donovan at all times throughout the world. All moral rights are asserted.

(b) Purchase of a print from this site does not infer any agreement to use or reproduce the image in any commercial form in any media without the express written permission of the copyright holder. Prints purchased are sold for display and personal use only.

(c) Digital downloads are offered for personal and editorial use only and NOT commercial use. Should you wish to use an image for commercial use please contact me to agree terms and seek written consent to use the image. Unless agreed in writing copyright in the image remains with Roger Donovan the author and copyright owner.

(d) Unless specifically stated no image has a model or property release. If you are publishing an image for editorial use you must satisfy yourself that no rights are being infringed by its publication. Roger Donovan accepts no responsibility resulting from third party action as a result of publication.

(e) Unauthorised use will be pursued and may command a fee of up to three times normal rates. 

(f) The client may not sell, distribute, copy or otherwise syndicate any images without written permission from Roger Donovan. 

(g) In accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988 Roger Donovan is to be identified as the Author of the images. All moral rights are asserted. 

(h) The possession of any negative, transparency or print, CD ROM or other digital file does not infer any agreement for use.

3. PAYMENT 

Supply of prints is conditional on payment being made in full through this website at the time of order.

4. PHOTOGRAPHERS LIABILITY

Roger Donovan accepts no liability for any consequential loss resulting from any claim or action brought by any person or organisation portrayed in the pictures or any claim regarding damage caused by prints or frames.

5. LIMITATION OF LIABILITY

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

6. APPLICABLE LAW

This agreement shall be governed by the laws of England, Wales and Scotland.

7. FORCE MAJEURE OR ACT OF GOD

The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.

8. VARIATION

These Terms and Conditions shall not be varied except by agreement in writing.