These terms and conditions apply to all transactions, services and deliveries supplied by Irish Media Store, an online editorial, photography and advertising agency that represents publishers, freelance journalists, photographers, agents and other content sources, hereinafter called IMS.
1. IMS supplies digital images, manuscripts and other information for review, free of charge. All copyrights, materials, photos and/or documents supplied by IMS remain the sole and exclusive property of IMS and/or the credited freelances under all circumstances.
2. The receipt of text and/or photographs is not, and may not be considered as authority to publish. The right to publish text and/or photography requires written confirmation and/or a signed sales contract and/or an invoice from IMS.
3. The right to reproduce or print IMS' material is granted for one-time only publication in accordance with the stated purpose, country, publication and format on the written confirmation, delivery note and/or invoice from IMS and is only permitted upon full receipt of payment. Agreed rights are non-transferable and no other interpretation should be given to them. Any other publication of text and/or photography supplied to the buyer may only occur with prior permission and written confirmation by IMS. Failure to comply with this condition may be considered a breach of copyright and if so will result in legal action. IMS reserves the right to review any text that has been edited or re-written prior to publication.
4. If any breach of copyright on the part of the buyer/user is proven in a court of law, the buyer/user will reimburse all legal and incidental expenses including any compensation for damages incurred as a result of such a violation. Breach of copyright is not limited to but will be interpreted as such in the event that buyer/user publishes material supplied by IMS without prior written approval by IMS or buyer/user fails to pay agreed fees within agreed payment terms.
5. Delivery of ordered feature material for publication is at the sole cost of the buyer who is also responsible for all customs duties, taxes or any other charge that may apply. Buyer agrees to delete any IMS photo material from any computer system used for publication directly after use. No IMS material will be held in internal databases for future use or reference. IMS material may only be passed on to a third party with prior permission and written authority from IMS. The customer shall ensure that all IMS' conditions are honoured by any third party to whom they may give access to this material.
6. Freelance/IMS credits and bylines must appear with published text and/or photography. These are advised by IMS on the written confirmation or materials received by the client. The client agrees that in the event of a failure to include freelance and IMS credits the client is liable to pay a sum three (3) times the originally agreed sale price.
7. A minimum of one printed example/proof copy or PDF of the publication containing material supplied by IMS must be sent to IMS upon publication, including copies of any other materials which include references to IMS properties.
8. Payment terms: Full payment is required on ordering, unless otherwise agreed. The buyer accepts responsibility for all costs incurred in the recovery of delayed payments including all administration, debt collection and eventual legal costs. All payments must be made in Euro, unless otherwise agreed or invoiced in another currency. All prices include local taxes and government charges that are the sole responsibility of the buyer.
9. A 3.5% service fee based on the agreed sale price of text, photography or other services is charged to cover information services, communication and handling costs.
10. IMS supplies high resolution scans for printing which are downloadable from their website. High resolution scans for printing will only be made available when a price or guarantee has been set and confirmed in writing.
11. IMS will not be held responsible for any damages whatsoever that the buyer may incur as a result of the publication of material supplied by IMS. The buyer protects IMS against third party liability. If any conflict between IMS and buyer arises, Irish law will apply.
12. Ordering material from IMS by verbal or written instruction or via the IMS website is considered acceptance of these terms and conditions.
August , 2010
Irish Media Store
Borrisoleigh
Co. Tipperary
Ireland
