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| Terms And Conditions |
Preamble
In the following terms and conditions of trading ( the Terms)
"buyer(s)" means commercial buyers for their business or private buyers who buy as a consumer as described in the Unfair (Contract Terms) Act 1977 and Unfair Terms in Consumer Contract Regulations 1999
"DSLR" means Digital Single Lens Reflex
"FP or Functionpix" means Functionpix Limited ( Co reg no 5840990) whose registered office is situate in England and Wales its affiliates or subsidiaries as defined in s736 of the Companies Act 1985
"EU or EEA" means the European Union or the European Economic Area
Intellectual Property Rights" means patents trade marks service marks design rights (whether registerable or otherwise) applications for any of the foregoing copyright database rights trade or business makes and other similar rights or obligations whether registerable or not in any country ( including but not limited to the UK)
"Morally Objectionable" means material which cause serious or widespread offence against generally accepted moral social and cultural standards and word in particular include the portrayal of actual death injury or violence (particularly sexual violence) sex nudity and the use of offensive language offences against the dignity and interests of minorities offences against spiritual beliefs rites and sacred images
"You" means the buyer photographer or purchaser of any images in the relevant context
Buyers have use of images as follows:
For press/commercial images are on license only and you may purchase a single use license or a multi-use license this includes the use of images for advertising purposes and other related media use.
Press image price calculator will automatically select the right price for an image based on the image genre, subject matter, content, exclusivity and the use and distribution of that image. Prices are set according to recommendations from the National Union Of Journalists and are based on the sale price of a quarter page image sold on tarrif ‘e’.
These prices are a guide and any price is subject to negotiation and fluctuation without notice.
Single use - means use of one image once for publication in one issue of one single publication (and this is subject to readership i.e. copies published
1. 5,000,000 copies+ = tariff a (multiply base price by 1.8)
2. 2,000,000 - 5,000,000 = tariff b (Multiply base price by 1.6)
3. 500,000 to 2,000,000 =tariff c (Multiply base price by 1.4)
4. 1,00,000 - 500,000 tariff d (Multiply base price by 1.2)
5. up to 5,000 - tarrif e
6. Internet useage - tarrif I
This applies to publications in the UK and Eire, Europe and the rest of the world.
Multi-usage 1. Gives the rights to use that one image in more than one edition of the same publication including supplements and associated editions.
Multi usage 2. Gives the rights to use that one image in any publications owned by the purchasing company an unlimited number of times.
We have a managed rights image purchasing option for images that are to be used for merchandise sales such as gifts, postcards, posters, bags and other merchandise.
UK & Eire - images used for products sold in the UK and Eire are sold as
Products of any description.
Usage Tariffs apply to these sales as you do with press image sales. i.e. tariff a. b, c, d, etc..
Europe - for products to be sold within the EU and the EEA
World - for unlimited world use
Front Page Image = £900
Double Page Spread = £750
Full Page = £670
Half Page = £550
Quarter Page = £440
1/8th Page = £370
1/16th Page = 220
1/32nd Page = 195
1-5 Sq Inches = 180
For A-List Celebrity status = multiply image value by 2.0
For B-List Celebrty status = multiply image value by 1.8
For C-List Celebrty status = multiply image value by 1.6
For D-List Celebrty status = multiply image value by 1.4
All prices and commissions are reviewed annually in September. We reserve the right to modify or adjust prices and commissions at any time without notice.
For press agreements - images may not be copied or distributed in any other sense than is stated in the terms and conditions of each individual purchasing agreement from the publisher?(solely for press publication only) and images may not be sold in any form. Images are for use solely in press/media publications.
Buy out rights - There is a ‘buy out’ option to use images for any use in an unlimited number of publications and with no restrictions on additional publication, distribution, sales, copying or re-selling in any way. For private buyers, the rights are as follows:
Private individuals who buy images from our site buy a license of that image in the form that you choose. i.e. photographic print or a printed product of any description available on our site. You may not copy, sell, distribute publicly display the products for any commercial gain whatsoever without prior agreement from Functionpix. You may not use this image to copy, distribute, share on the internet in any form unless you have purchased the electronic version
For businesses image ‘buy out’ agreements, please contact Functionpix.
Content Providers
Photographers:
EXCLUSIVE MATERIAL All material submitted to FP must be owned and have been created by the contributor. The material must be original and exclusive to FP and must not be distributed to any other outlet/person. All material uploaded onto the FP system will become all rights owned by Functionpix on an indefinite agreement with no restrictions as for the use, sales and distribution of that material.
FP reserve the right to use the material that you submit for any purpose commercial or other for an unlimited period of time. FP also reserve the right to withdraw or refuse content at any time for any reason that it considers reasonable. Photographers agree to pay an annual subscription of £35 subscription payment which allows them permission to use the FP system and to upload content to our site for sale by us in any way.
The subscription fee is renewable annually without notice and credit card or debit card details held on our records will be automatically debited for the annual amount at that time. It is the photographers obligation to notify FP of any change in their payment details eg change of bank card or account etc.. Annual membership commences from the date of first registration and receipt of funds until midnight on the 364th day thereafter. Membership allows each photographer to use an unlimited amount of space up to a maximum of 50MB (fifty megabites) this space is for use to display any image that falls within the guidelines of acceptability on the FP system.
All images that do not conform to these guidelines will be removed without notice. Any images that fall within the banned category will also be removed from the system and the users account will be instantly terminated and that person/legal entity be prevented from creating another account at any time under any circumstances.
If you are refused the right to place your images or try to use the system by subscribing up under a false name - if any violation of this rule is discovered the account will be instantly terminated and any revenue made from the sale of any items belonging to the false user will be donated to charity.
All ‘non press’ Images that are submitted to the FP system will remain on the system for a maximum 12 month period. After 9 months, performance levels will be assessed and all non-performing images (no views or no sales) will be automatically removed without notice - all images that have not received any sales activity but have been viewed will be earmarked - emails will be sent to people who have viewed these images at any time along with the creator informing them of their impending removal from the system. At the end of the 2 year period all images will be removed.
Photographers may exceed the limit of 50MB at any time and agree to purchase extra space at the set price which may vary according to the discretion of FP who must be notified in advance by email.
FP will publish the price of purchase rate at all times in the Terms & Conditions online . The current price of 1MB is £0.50p Sterling and users will be automatically charged at this rate for each MB of space their accounts use over and above the agreed 50MB automatically and without notice.
Content providers - Writers
All written content submitted to Functionpix becomes the property of Funtionpix and any outside sale, distribution, copying or otherwise is prohibited. Any monies made from the illegal sale of material derived from the Functionpix site must be donated to Functionpix.
Writers and contributors of articles may participate in the Functionpix press release programme which offers a bespoke written article that is to appear on the Functionpix news site press release section. Press releases are charged according to the level of distribution and web optimization affiliated to the article.
All press releases must adhere to the Functionpix terms and conditions.
Commissions paid to writers is offered at a rate of 50% of net profit achieved from the sale of the article. (This does not apply to ‘Press Releases’ - all press releases are charged at the standard rates however commissions for press releases are paid at 20% of the net profit of the press release sale price. Articles are offered for sale exclusively and non exclusively and rates vary according to distribution and print numbers. (see rates) All written material sold continues to earn commission for the writer in spite of the number of times that piece is sold.
Sales base rates for written material are as follows:
1 - 500 words = £700
500 - 1,000 words = £950
1,000 - 2,000 words = £1500
2,000 words - 4,000 words £2,500
4,000 words - 10,000 words = £4,000
10,000 words+ = £6,500
Above 50,000 words, please contact Functionpix.
Front page article multiply article price by 2.0
Double page spread multiply article price by 1.8
Full Page multiply article price by 1.6
Half Page multiply article price by 1.4
Qtr Page multiplied by 1.2
1/8th Page
1/16th Page
1/32nd Page
1 - 5 sq inches
1. Single use - means use of one article once for publication in one issue of one single publication (and this is subject to readership i.e. copies published
2. 5,000,000 copies+ = tariff a (multiply base price by 1.8)
3. 2,000,000 - 5,000,000 = tariff b (Multiply base price by 1.6)
4. 500,000 to 2,000,000 =tariff c (Multiply base price by 1.4)
5. 1,00,000 - 500,000 tariff d (Multiply base price by 1.2)
6. up to 5,000 - tarrif e
7. Internet useage - tarrif I - tariff is multiplied by 2.5
This applies to publications in the UK and Eire, Europe and the rest of the world.
Multi-usage 1. Gives the rights to use that one image in more than one edition of the same publication including supplements and associated editions.
Multi usage 2. Gives the rights to use that one image in any publications owned by the purchasing company an unlimited number of times.
Press release sales - Press releases are charged according to the number of words and the level of optimization affiliated with the press release. (see table)
a: Standard press release = basic article price
b: Enhanced press release = basic article price multiplied by 1.2
c: Super press release = basic article price multiplied by 1.5
d: Super plus press release = basic price multiplied by 2.0
A standard press release includes the services of a Functionpix writer to create a bespoke piece about any subject matter that the client wishes. The article is published on the Functionpix press release section of the website and is sent to all of Functionpix contacts including world press publications, private individuals, corporations and other users / members of the Functionpix network: An enhanced press release includes all of the above in addition to he subsequent placement within the top 5 major search engines including Google, Yahoo and Ask Jeeves plus a permanent listing within Google News and 5 other news sites. A Super press release includes all of the above plus additional listings within 20 news sites and a guaranteed listing within the first 5 pages on Google News. A Super Plus press release is all of the above plus a guaranteed 1st page listing on Google News.
Functionpix manages a forward planning database of events, listing all newsworthy and private events that freelance journalists and photographers may attend and cover with the appropriate accreditation.
All material gained from information obtained on the Functionpix system must be submitted to the Functionpix website for sale or distribution. Any material gained from any event obtained from the Functionpix website that has been distributed or passed on to any other party is considered to be in breach of FP’s copyright agreements and may subject to legal claim for infringement of intellectual property rights without further notice .
Functionpix reserves the right to withhold content that has been uploaded to our system that is considered to be Morally Objectionable. All leads, opportunities, future events, information appearing on the Functionpix website is the property of Functionpix and any use without proper authorisation thereof is considered to be theft and appropriate action will be taken.
Functionpix freelancers agree to abide by these Terms and any other terms and conditions associated with attending events and news opportunities and agree to submit work that is only of a satisfactory quality and that all attendees of the event that has been covered by the FP freelancer have been made aware of the fact that images and information obtained of them will be made available on the www for them to purchase as well as being made available to the World media for sale.
Where possible it is necessary to obtain model release forms from all persons photographed and who’s images will be displayed publicly. In any case, viewers of all images agree to allow their images to be publicly shown on the web and on the Functionpix website and by agreeing to these terms FP is not liable in any way for infringement of any human rights under the Human Rights Act 1998 or other "civil liberties".
FP freelancers agree that any leads, opportunities for work or other future employment gained privately through the Functionpix system must not in any way be used to solicit private work of any kind that can be considered to be of a similar nature to the services offered by Functionpix in any way.
All freelancers agree to not accept any offers of private work of the same or similar nature of any service provided by FP without FP’s consent which must be obtained in advance of any agreement to take on such work .
Photographers agree to providing all content that you have uploaded onto the system as high resolution images within the agreed time period. Images that have been submitted onto the system as lo-resolution thumbnail files must be accompanied with the hi-resolution files within 72 hours of submission.
Failure to do so will result in the suspension of those particular thumbnails. Images that have not been received within 4 days will be suspended from the system until the full hi-res images have been received. If by 7 days the images have not been received by Functionpix, the category and all its images will be removed. Photographers will not be permitted to uploading any further images until a high resolution version is available.
Images must be sent to Functionpix only as high resolution images on CD and to include the same set as lo-resolution thumbnails as specified i.e. 50kb in size or no larger than 400px x 400 px.
19. Photographers submit images to FP in order for FP to submit to the world press, media and general public/ Photographers will be paid a ‘royalty commission’ based upon the particular medium of re-sale. Press and products/public sales. If it is a product or public sale i.e. a single printed image, T-shirt or other similar purchase it is sold with the sole use of being a private agreement between Functionpix and the buyer. The material sold must not be replicated in any way shape or form and must not be distributed, publicly displayed for any commercial reasons or be used in the making of any further product that will be used commercially. Photographers royalty commissions are paid as follows:
For public/non commercial images
As a DSLR photographer the commission rate starts at 60% of remaining profit from every product sold on our system
Photographers commissions are paid on all products profits*. On achievement of attaining one of the three ‘top photographers’ position during any period, that photographer shall receive an additional 5% and after a period of membership of 6 months the commission rate is increased by 1%. After a period of one year, the rate is increased by another 1% and for each subsequent year of membership, the photographer’s commission shall increase by a further 1% until a rate of 70% is achieved.
19. DSLR photographers can achieve the level of DSLR manager. This means that photographers assigned to a specific sales area can be responsible for managing a team of other photographers within that same area. Responsibilities include recruitment, face to regular face communication with members in their area, communication with Functionpix on a regular basis, monitoring progress and assessing performance figures and dealing with future events and opportunities. Managers may still continue with their own established clients and specific work/job pattern and may continue to attend/cover events in order to sell images. All Functionpix registered members will benefit from the Functionpix analysis management system that monitors and tracks all progress of content.
20. As a DSLR photographer manager. The starting commission is 65% rising to 70% on achievement of ‘Top photographers’ during any period.
21. DSLR managers will also receive a 2% commission payment from all DSLR photographers assigned to them in their own working patch on all products sold by those photographers. For each highest performing DSLR manager, bonus commission can be earned.
Images that are sold to the press are sold subject to the Functionpix Terms and commissions for press image sales are as follows.
a. All images sold to the press and media are subject to tariff’s shown in the Terms - where?. Functionpix freelance photographers will receive a 50% commission payment from all images sold on all tariffs in Clause 1 above .
b. Commissions are paid in arrears at the end of every following month by Cheque, Paypal or by direct transfer as requested by the freelancer
*Commissions are based on the profit achieved from the sale/distribution of all products on the Functionpix system. All printing, production costs, system charges, admin fees are deducted from the sale price. A share of between 5% and 10% of the profit of any item sold on Functionpix is donated to a charity of Functionpix’s choice to varied at its discretion - once all costs and deductions have been removed from the overall sale price, and it is the final net profit that is divided as commissions for photographers and other freelancers.
22.Termination
Notwithstanding the above either party may terminate from this Agreement by giving written notice of 1 month. All content posted onto the Functionpix network remains subject the terms and conditions herein and Functionpix may retain the rights to all content that has appeared on this site. Some images may be retrieved from the Functionpix network in exceptional circumstances. Photographers must apply in writing allowing 28 days for a response.
23. Severability
If any provision in this Terms shall be adjudged by a court to be unlawful void or unenforceable such provision shall to the extent required be severed from the Terms but shall in no way affect the validity or enforceability of the remainder of the Terms.
24. Waiver
No forbearance or delay by either party in enforcing their respective rights under the Terms will prejudice or restrict the rights of that party to enforce such rights and nor shall they be deemed to have waived those rights unless expressly provided in writing but where any rights have been so waived by a party in accordance with the terms hereof this shall not be deemed to affect any of their other rights under these Terms
25. Notices
All notices, consents or approvals given under this Terms shall be in writing and shall be sent email or by post to the parties at their respective addresses shown above or to such other address in England or Wales as may be notified to the other party in writing.
26. Force Majeure
Neither party shall be liable for any losses which arise as a result of any delay in performing their obligations under this Terms where such delay is caused by events or circumstances which are beyond the reasonable control of the party so delaying.
27. Jurisdiction
This Terms is governed by English law and the parties agree to submit to the exclusive jurisdiction of the English Courts.
28. Contracts (Rights of Third Parties) Act 1999
For the avoidance of doubt, nothing in these Terms is intended to confer on any third party any benefit or any right to enforce any term of this Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.
29. Consumer Protection (Distance Selling) Regulations 2000 as amended
For the avoidance of doubt the Consumer Protection (Distance Selling) Regulations 2000 as amended will apply to these Terms in so far as there is right of cancellation within 7 days of the material being submitted
30.Data Protection and Privacy
Any details which you provide to us from which we can identify you are held and processed in accordance with English data protection legislation . IS FP registered with the Info Commissioner?
31. Variation
Functionpix reserves the right to vary these terms without prior notice and to update the terms on the website with the variations as soon as reasonably practicable
32. Compaints or Comments
If you have any complaints or comments please write to [Complaints department, Functionpix Ltd. 6 Egham Court, Grove Road, Surbiton. Surrey. KT6 4DW ] Our procedure for dealing with complaints is as follows: 1. Complaints about content: Content in question will be reviewed and any specific objectionable material will be removed. 2. Complaints about freelancers: Any representatives of Functionpix who acts or behaves in an inappropriate manner will be removed from the system. 3. Prices and payments: Any complaints regarding prices, payments, invoicing etc must be directed in writing to the head office within 28 days of the specific date of incident. Complaints regarding printing and or postage must also be reported within a 28 day period.
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