Privacy Policy
If you wish to access the images on this website, Spike Pictures require you to provide Spike Pictures with certain personal information, and Spike Pictures want to inform you how that information will be processed and the rules governing your use of this site. If you agree to this privacy policy, please enter your details as requested below and click the acceptance button to notify your approval. (Spike Pictures reserve the right to alter the terms of this privacy policy from time to time and if there are any such alterations, Spike Pictures will post a revised version of the policy on this site as soon as possible).
If you subsequently decide that you wish to license rights to use any of the images, a separate set of terms and conditions also set out in this website will govern such license. Below Spike Pictures set out Spike Pictures privacy policy which governs the way in which Spike Pictures process any personal information that you provide to Spike Pictures.
You can access Spike Pictures home page and browse Spike Pictures site without disclosing your personal data save information collected by cookies that Spike Pictures use (see below).
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Who May Process Data
Your personal information (which includes your name, address and any other details you provide to Spike Pictures which concern you as an individual) may be processed both by any one or more company within SPIKE PICTURES (including branches, agents and subsidiaries world-wide) and each of those entities will process your information in accordance with this privacy policy.
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Purpose of Processing
Spike Pictures will use your information for the purpose of fulfilling orders placed by you, processing any other transactions authorized or made by you with us, and providing other marketing information to you which Spike Pictures think you may find of interest, undertaking product or customer research/development. Spike Pictures will not rent or sell any information about you to any third party.
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Disclosure of Information
In the unlikely event that a liquidator, administrator or receiver is appointed over Spike Pictures or all or any part of Spike Pictures assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in this policy. If Spike Pictures business or any part thereof is taken over by a third party, Spike Pictures will provide your information to that entity but subject to its undertaking that it will only use the information in accordance with this policy. If Spike Pictures suspect that you have abused your access to this website or otherwise acted otherwise than in accordance with what Spike Pictures reasonably consider to be honest good faith practice, Spike Pictures shall be entitled to use your personal information and/or release it to third parties to investigate and, if appropriate, deal with such conduct. As indicated in “Who may process data” section above, Spike Pictures may pass on your details to companies within Spike Pictures group.
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Cookies
Spike Pictures may send a small file to your computer when you visit Spike Pictures website. This will enable Spike Pictures to identify your computer, track your behaviour on Spike Pictures website and to identify your particular areas of interest so as to enhance your future visits to this website. Spike Pictures may use cookies or other means to collect and store personal data and Spike Pictures link information stored by cookies with personal data you supply to Spike Pictures. Spike Pictures log all activity on the web site including page impressions and database interaction. You can set your computer browser to reject cookies but this may preclude your use of certain parts of this website.
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Access to Information
Certain amounts of your personal information can be viewed and changed by you whilst you are online. This can be done by clicking the “Your Account” button on the website. If You wish to review or change any information that you have provided to us, you can contact Spike Pictures Spike Pictures.com customer support team on support@SpikePictures.com
You may also ask Spike Pictures whether we are storing personal information about you by emailing Spike Pictures at support@SpikePictures.com and, if you wish, Spike Pictures will provide you with a copy of the personal data Spike Pictures hold about you by email. Spike Pictures may ask for proof of your identity before providing any information and reserve the right to refuse to provide information requested if identity is not established.
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Copyright
All website design, text, graphics, the selection and arrangement thereof are Copyright © 2004 of SpikePictures or the photographers. ALL RIGHTS RESERVED.
For non-editorial use, you agree to provide copyright protection by placing proper copyright notice on any use. You must credit Spike Pictures and the photographer as specified by us every time an image is used. If you fail to credit the image an additional 100% of the original licence fee will be payable. You agree to provide a credit line in the form “Creator’s Name/spikepictures.com” to appear adjacent to or within the image(s).
Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the image appears.
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Trademarks
“SPIKE PICTURES” is a registered trademark.
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Spike Pictures Image Usage
You can download the images on this website for your personal but not commercial use. The downloadable images are of inferior quality to the images which Spike Pictures license and in any use you make of them. The images cannot be used in any way other than as expressly set out herein unless you obtain permission and a license to use from Spike Pictures. You are hereby notified that all the images available through this website indelibly identify Spike Pictures as their owner by way of digital water markings in the source code or other means considered appropriate by us, enabling tracking of all images provided hereunder. You must not try to manipulate or remove the watermarks or other tracking devices.
You may not create, store or transmit Digital images without the permission of Spike Pictures. You agree to destroy all Digital images including any pre-press or pre-production copies of the images and any copies or records of the images held on a database within 90 days of the date of receipt of the images or completion of the production run, or expiry of the licence term, whichever is later.
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Condition of Digital Files
If you choose to receive high-resolution images in a digital format for reproduction it shall be presumed by us that the images we supply to you on CD, or downloaded by you from this web site, have been received in good, useable condition unless you notify us otherwise within 5 business days of receipt of the image files. Electronic high resolution images that are requested but subsequently not used by the client will be charged a processing fee of 50 GBP.
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Model Releases, Permissions and Clearances
You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. Spike Pictures make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any image supplied to you. The rights granted to you by Spike Pictures do not include a license to any persons, places, property, or subject matter depicted in an image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the images, unless specifically stated in a separate writing by Spike Pictures. We make no representation or warranty as to the accuracy of any information provided with the images. No valid model or other releases exist for any image on our web site.
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Condition of Sales
a) A service fee to cover administrative costs and transmission of the images is payable by the Client on each submission and resubmission of the images by whatever digital medium. The Client shall pay for courier, express or any other special delivery arrangement requested. The Client shall also pay Value Added Tax (and any equivalent or substitute tax) on all sums payable under these Terms and Conditions. Refunds will only be given at the discretion of the company management.
b) You must pay our invoice within 30 days of issue. However in the case of newspaper, periodical and broadcasting use only, if we agree in advance, you may pay by the end of the calendar month immediately following publication or use.
c) If you do not pay in accordance with these terms then we may recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
d) Any licence granted will terminate immediately if you (a) die, (b) enter into voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted would immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
e) Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any image shall vest in us and you hereby assign all such rights arising to us.
f) Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
You agree that you accept these Terms and Conditions with the full knowledge that our liability is limited and that the prices and charges payable to us have been calculated accordingly.
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Disclaimer of Warranty and Liability
The following provisions may be curtailed or disallowed by the laws of the country in which the person accessing this website is situated. In such case, the terms hereof are to be read as excluding or limiting such term so as to satisfy such jurisdiction.
Spike Pictures do not represent or warrant that the information accessible via this website is accurate, complete or current. Spike Pictures have no liability whatsoever in respect of any use which you make of such information.
The information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to ordering any products or services from Spike Pictures that they are suitable for your purposes.
Whilst Spike Pictures make all reasonable attempts to exclude viruses from the website, Spike Pictures cannot ensure such exclusion and no liability is accepted for viruses. Thus, you are recommended to take all appropriate safeguards before downloading information or images from this website.
All warranties, express or implied, statutory or otherwise are hereby excluded. Neither Spike Pictures nor any of Spike Pictures employees or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if Spike Pictures have been advised of the possibility of such loss.
Digital files are provided “as is”; Spike Pictures make no representation or warranty, either express or implied, included but not limited to any implied warranties of merchantability, satisfactory quality of image, fitness for any particular purpose, or compatibility with any computer hardware or other equipment, operating system or software program. Spike Pictures make no representation or warranties that the use of the website will be uninterrupted or error free. The use of this website is at your own risk. Spike Pictures is not responsible for the direct or indirect consequences of you linking to any other website from this website
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Consent and Enquiries
By using this website you signal acceptance of the terms and disclaimer set out above. If you do not accept any of these terms, please leave this website now.
If you have any enquiry or concern about Spike Pictures privacy policy or the way in which Spike Pictures are handling personal data please contact us
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Photographer's Contract
Delivery & Property:
1. The photographer undertakes to deliver the material in the format required by the Library. All images supplied by the photographer are at the photographer's expense. Images supplied digitally should be scanned A3 size @300dpi and saved in TIFF or JPEG format. Any material that is not supplied digitally will be subject to a scanning fee of 10GBP on the first sale of an image. While proper care will be taken of the material held by the library, the library cannot be held responsible for any loss or damage to the material.
Warranties:
2. The Photographers Warrants:
i) That the material is his/her original work and that he/she has not entered into any agreement in respect of the material which would adversely affect the rights granted in this agreement.
ii) That he/she owns the copyright of the material.
iii) That an appropriate model release is available in relation to all persons shown in the material unless stated to the contrary.
3. The Library Warrants:
i) To act in the best interest of the photographer and to sell the material at the best obtainable price.
Undertakings of the Photographer:
4. Not to assign, license or otherwise dispose of the copyright of the material. Not to license, assign or dispose of any interest in other photographs (such as out-takes or similar photographs) which for any reason may cause conflict or which may derogate from the rights granted by this agreement, without the Library's prior written permission.
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