Tracey Thornton is committed to protecting the privacy of our online visitors. We collect information from online visitors who wish to purchase images through our website, or seek information about our services, by providing their name, email address, and address details. All online visitor data collected by Tracey Thornton is protected against unauthorized access. We will not sell, trade, or give your personal information to other companies or organisations. 1. Licence granted to customer 1.1.Before granting a Licence to reproduce and publish the Photographic Works the Customer must advice Tracey Thornton Photography of:
the intended use of each Image;
the medium in which the Image will be reproduced;
the period of time during which the reproduction will be used;
the distribution area of the publication in which the Image will be reproduced;
the number of copies of the publication in which the Image will be printed.
1.2. Tracey Thornton Photography grants the Customer a Licence to reproduce and publish the Photographic Works for the purposes, territories and time period specified in the Order Confirmation and on these Terms and Conditions. Tracey Thornton Photography always retains the right to use the Photographic Works in any manner, at any time and in any part of the world for the purposes of:
entering the Photographic Works into photographic competitions or awards and for their use in any material published in connection with promoting those competitions or awards;
advertising or otherwise promoting Tracey Thornton Photography's Photographic Works;
submitting the Photographic Works for display at art galleries or other premises.
2. Conditions of licence 2.1. The Licence to use the Photographic Works begins from the date of full payment of the Invoice. No use may be made of any Photographic Work before full payment of the Invoice without Tracey Thornton Photography's express permission. 2.2. This Licence applies to the Customer named on the Invoice only and must not be assigned to any third party without Tracey Thornton Photography's prior written permission. Selling and redistribution of the image is forbidden. 2.3. The Customer may use the Image:
in digital format on websites, multimedia presentations, broadcast film and video, cell phones;
along with the Customer's corporate identity on business cards, letterhead, etc.;
to decorate the Customer's home, office or any public place.
2.4. The Customer may NOT use the Image:
in website templates that the Customer intends to sell or distribute;
for creating printed reproductions that the Customer intends to sell;
on "print on demand" items such as t-shirts, postcards, mouse pads, mugs, or on any similar mass produced item that would contain the Image in a dominant way;
for pornographic, unlawful or other immoral purposes, for spreading hate or discrimination, or to defame or victimise other people, societies, cultures;
to endorse products and services if it depicts a person;
in a way that can give a bad name to Tracey Thornton Photography or the person(s) depicted on the Image;
as part of a trademark, service mark or logo.
2.5. Copyright in any new Photographic Work created from any manipulation, alteration, distortion or overprinting of text of the licensed Photographic Work shall remain with Tracey Thornton Photography. 2.6. Each use by the Customer of any Photographic Work must be accompanied by an adjacent credit line acknowledging Tracey Thornton Photography and copyright in the Photographic Work, unless agreed otherwise, or where such a credit line is inappropriate. 2.7. The Customer will supply one copy of the publication in which an Image for which a reproduction right has been granted appears free of charge to Tracey Thornton Photography within 14 days of publication. 3. Delivery of images After accepting our Quote and Order Confirmation and receipt of your Payment, we will send out a CD/DVD with the requested Images. 4. Copyright assigned It is the responsibility of the Customer to obtain all model releases and moral rights and privacy waivers necessary for the use of assigned copyright in the Photographic Works by that Customer. As a condition of this assignment the Customer agrees to indemnify Tracey Thornton Photography in respect of any liability to Tracey Thornton Photography arising from any use of the assigned copyright material. 5. Payment Fees are payable as outlined on the Invoice/Statement Form or as arranged by Tracey Thornton Photography. 5.1. Payment of the licence fees must be received by Tracey Thornton Photography prior to delivery and can be made in the following ways:
Direct payment/transfer to our bank account
Cheque (must clear prior to delivery)
Fees are payable as outlined on the Invoice or as arranged by Tracey Thornton Photography. For payment by foreign cheque or direct payment/transfer to our bank account, all bank fees must be paid by the Client. 5.2. Job-related cost The Customer shall reimburse Tracey Thornton Photography for all Job-related Costs ('Job-related Costs' means the costs and expenses incurred by Tracey Thornton Photography on the Customer's behalf in providing Photographic Services to the Customer and as detailed on any Invoice). Where Tracey Thornton Photography makes payment to others on behalf of the Customer, Tracey Thornton Photography may add a service charge, determined at Tracey Thornton Photography's absolute discretion, to its invoiced costs. Unless otherwise arranged, the Customer must pay all Job-related Costs and any service charges to Tracey Thornton Photography within 7 days of receipt of the Invoice. The Customer is not entitled to any property in:
any authored or artistic works created by Tracey Thornton Photography to support the Photographic Works
any materials used for the creation of an authored or artistic work, as a result of plans or drawings, which are commissioned by the Photographer
any acquisition of goods for use in supporting the Photographic Works. Such goods, materials, authored or artistic works shall remain the property of Tracey Thornton Photography, unless otherwise agreed between Tracey Thornton Photography and the Customer.
5.3. Urgent work Where the Customer wants Photographic Works on an urgent basis, which includes where Tracey Thornton Photography is unable to re-shoot or correct a shot because of an urgent deadline, Tracey Thornton Photography will not be liable for any losses or damages arising out of the inability to carry out a re-shoot or the costs of arranging a re-shoot. 6. Indemnity for breaches of intellectual property The Customer fully indemnifies Tracey Thornton Photography against any claims, costs, or expenses arising out of any illegal or defamatory Photographic Works produced for the Customer and any infringement of any intellectual property right of any person. The Customer is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works. 7. Tracey Thornton Photography not liable for losses Except as provided for by the Consumer Guarantees Act 1993, Tracey Thornton Photography shall not be liable for:
any loss or damage arising by reason of any delay in the completion of the Photographic Works;
any loss of profits;
any indirect or consequential loss of whatever nature;
any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of a Customer's verbal instructions;
any loss arising directly or indirectly from any breach by Tracey Thornton Photography of any of its obligations under these Terms and Conditions of Engagement or from any negligence on the part of Tracey Thornton Photography or its employees.
BornWild - Arctic To Antarctic Images are processed and produced in New Zealand