Terms and Conditions

The First Nature Photo Library supplies images to organisations and individuals for printed publication or website use. Images may not be used without written permission from First Nature. The Use of images from the First Nature Photo Library is permissible only after the granting of a Licence, which is subject to the Terms and Conditions set out below.

In making an enquiry for Image(s) on this website you are agreeing to abide by these terms and conditions:

Definitions

1. 'First Nature' means the owners of the publishing company First Nature, address below, and of the website www.first-nature.com
2. Client means the individual or organisation that makes an Image request online, by email, by phone or in writing by post.
3. 'Image' means digital image or photograph regardless of whether the Image(s) are obtained via download from the First Nature website or delivered via any other storage media such as CD or DVD.
4. 'Delivery' of an Image or Images to the Client or the Nominated Recipient will be deemed to have occurred after First Nature sends that image or those Image(s) either by email to the email address advised by the Client; via an FTP download accessed by the client; or on a CD-Rom sent to the postal address advised by the Client unless within three working days the Client informs First Nature that the Images have not been received.
5. 'Image(s)' means all of the Images requested by the Client, and any modified versions or derived Image(s) made from Images supplied under Licence from First Nature.
6. 'Licence' means the licence under these terms and conditions as agreed in writing by First Nature and the Client during the order process.
7. 'Royalty-free' means that a single payment of the agreed Price entitles the Client to use the Image(s) in an unlimited number of print and electronic publications subject to the Conditions of Use stated below.
8. 'Nominated Recipient' means any third party to whom the Client requests that First Nature should deliver the Image(s).
9. 'Order' means the Client's order to First Nature for the supply of an Image or Images.
10. 'Price' means the price of the Image(s) confirmed during the order transaction.

Conditions of Use

1. Unless expressly agreed otherwise in writing, First Nature hereby grants to the Client on payment by the Client of the agreed Price a non-exclusive Royalty-free-use Licence to use the Image(s) in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Image(s).
2. The Client may not sublicense, distribute, transfer or assign the Image(s) or rights to the Image(s) to any other individual or organisation.
3. The Client may terminate the Licences with respect to any Image(s) provided by First Nature by destroying the Image(s), along with any copies or archives, and/or any CD-ROM containing those Images, and ceasing to use the Image(s) for any purpose. Such termination shall not effect any payment obligations outstanding at time of termination.
4. This Agreement will terminate automatically, without notice from First Nature, if the Client fails to comply with any the clauses in these Terms and Conditions.
5. The Client or Nominated Recipient shall destroy, and inform First Nature, any copy or copies of the Image(s) when the Licence has expired.

Intellectual Property Rights

1. Copyright and all other intellectual property rights in all images in the First Nature Photo Library are owned by First Nature and shall be acknowledged as follows: " © First Nature - see www.first-nature.com/photolibrary "
2. This is a Licence to use Images and not a transfer of ownership. The Client shall not have any property rights, whether copyright or otherwise, in the Image(s).
3. All other rights not expressly granted to the Client are reserved solely for First Nature.
4. Note: Infringement of copyright can be a criminal offence resulting in legal action.

Payment and Delivery

1. First Nature reserves the right to request pre-payment from the Client before releasing Image(s) to the Client or to the Client's the Nominated Recipient.
2. The Image(s) shall be Delivered to the Client or Nominated Recipient only when the Client has accepted these terms and conditions and submitted an order, either online or in writing, and First Nature has confirmed by email or in writing that the Order is accepted.
3. The Client may cancel the Order within 14 days of Delivery of the Image(s) provided no use (including any reproduction) of the Image(s) has been made of the Image(s). If the Client cancels the Order the Client must destroy all copies of the Image(s). Upon confirmation of the destruction of the Image(s) First Nature will refund any payment made by the Client.
4. If the Client and/or Nominated Recipient claims the Image(s) to be defective in any respect, First Nature may offer a replacement version of the Image(s). The Client and/or Nominated Recipient shall be entitled within fourteen days to reject such replacement Image. If the Client and/or Nominated Recipient reject the replacement Image(s) they must destroyall copies of the Image(s), whereupon the Client shall be entitled to a refund of the Price paid.

Use of the image(s)

1. The Client may Use the Image(s) only in accordance with the terms and conditions and the Licence.
2. If the Image(s) are to be supplied to a Nominated Recipient the Client shall ensure that these terms and conditions and the Licence are accepted and adhered to by the Nominated Recipient.
3. The Client may use the Image(s) in any electronic or print media, including advertising and editorial use, provided such use is not intended to allow the re-distribution or re-use of the Image(s).
4. The Client may use the Image(s) on product packaging or in any items for personal use or resale, including book covers, calendars and consumer merchandise provided such use is not intended to allow the re-distribution or re-use of the Image(s).
5. The Client shall ensure that every printed or displayed copy of the Image(s) carries with it the following acknowledgment:- " © First Nature - see www.first-nature.com/photolibrary "
6. The Client shall supply to First Nature free of charge a copy of relevant pages containing the Image(s) upon publication.
7. The Client hereby indemnifies First Nature against all claims for damages, other losses and legal costs howsoever and wherever arising out of any Use by the Client and/or Nominated Recipient of the Image(s). This indemnity shall not extend to any liability directly arising out of First Nature supplying images that are not the property of First Nature.
8. First Nature shall have no liability for any loss of profits, loss of revenue, loss of goodwill, damage to reputation or any consequential loss relating to Image(s) supplied on licence by First Nature.
9. First Nature's liability resulting from supply of Image(s) underlicence shall not exceed the Price received by First Nature for the use of the Images(s) in question.

Nothing in these terms and conditions shall exclude or limit First Nature's liability for fraud or for death or personal injury caused by their negligence.

Applicable Laws

These terms and conditions and the Licence to use Image(s) supplied by First Nature shall be governed by and construed in accordance with the laws of England and Wales, and both First Nature and the Client shall submit to the jurisdiction of the English Courts.

www.first-nature.com website - Copyright Policy Statement

1. The First-Nature.com Web site content is protected by the laws of copyright.
2. Access is provided solely for your personal on-line use.
3. The copying, publication or redistribution of any of the content of this Web site is prohibited without first obtaining permission in writing from: