PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to pictures, text, graphics or code is copyrighted as a collective work under the copyright laws, and is the property of Alqomra sarl. The collective work includes works that are licensed to Alqomra sarl. Copyright 2016, Alqomra sarl ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Alqomra sarl or purchasing Alqomra sarl products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Alqomra sarl or to purchase Alqomra sarl products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Alqomra sarl. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Alqomra sarl used in the site are trademarks or registered trademarks of Alqomra sarl.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Alqomra sarl disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Alqomra sarl does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Alqomra sarl does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Alqomra sarl or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
- Terms and Definitions:
(a) picture includes a photograph, images, 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 studio (otherwise known as Alqomra) is the Author of the photographs and videos.
(d) the Client is the person or organisation to whom the invoice is addressed (whether or not the Client is acting for a third party);
(e) These terms and conditions represent the entirety of the agreement between Alqomra and the Client. Any variation is only applicable when agreed in advance and in writing;
- Copyright and Ownership of Materials:
(a) The entire copyright in the pictures is retained and administered by Alqomra at all times throughout the world;
(b) Title to all photographs remains the property of Alqomra;
(c) Images will be licensed for use for a specified period. When the License to Use has expired, the images should be returned to Alqomra and a written undertaking given that all digital files have been destroyed. The Client is expected to comply with this requirement within 30 days of expiration of the License to Use. The Photographer reserves the right to make an additional charge for continued use after this period;
(d) Alqomra supplies the technical and artistic ability to illustrate an idea photographically, and sells the right to reproduce those pictures in a given context. No property or copyright in any pictures shall pass to the Client whether on its submission or on Alqomra grant of reproduction rights in respect thereof;
(f) Unless otherwise agreed in writing if any picture reproduced by the Client omits the copyright notice or credit line specified by Alqomra any fee payable by the Client shall be subject to an increase specified by Alqomra, and in any event an increase of not less than 25%.
- Use and Reproduction:
(a) The License to Use only comes into effect once full payment of the invoice has been made. No use may be made of the images until full and final payment – including any late payment charges that may have been levied – has been received by Alqomra;
(b) Permission in writing may be granted for image use before payment, however this permission will be immediately revoked if payment of the invoice is not made by the timescale stated on the invoice;
(c) Reproduction rights (if and when granted) are strictly limited to the use and period of time specified on Alqomra’ invoice. An agreement must be reached with Alqomra before the pictures are used for a different purpose or after the licence to use has expired;
(d) Reproduction rights are not issued exclusively to the Client except when specified on the invoice;
(e) 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;
(f) Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied;
(g) Alqomra reserves the right to refuse to supply or grant a reproduction licence to a third party when requested to do so by the Client;
(h) In the case of printed publications, three copies of the relevant pages containing any picture supplied are to be furnished to Alqomra free of charge within two weeks. In other media, evidence of use must be made available if requested;
(i) On the Client’s death or bankruptcy or (if the Client is a company) in the event of a Resolution, Petition or Order for winding up being made against it, or if a Receiver is appointed, Alqomra may at any time thereafter inspect any records, accounts and books relating to the reproduction of its pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
- Definitions of Reproduction Rights:
The following terms are used when describing the reproduction rights granted by Alqomra to the Client:
(a) Internal Use only: The right to use the pictures only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site;
(b) PR and Press distribution: The right to use the pictures as described in 4(a); plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication;
(c) Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice;
(d) Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only.
- Client Confidentiality:
Alqomra will keep confidential and will not disclose to any third parties or make use of information communicated to them in confidence for the purposes of the photography, save as may be reasonably necessary to enable Alqomra to carry out their obligations in relation to the commission.