1. In these terms and conditions, reference to "Material" shall include any Pictures, features, interviews, reviews or syndicated columns, or other content supplied to the Client by Planet Syndication ("Planet") which is the copyright of BBC Worldwide Ltd.
2. Agreement of terms of use and license fee in respect of any Material constitutes acceptance of these terms and conditions. This document supersedes any other previous terms and conditions, expressed or implied.
3. Material will be supplied by Planet to the Client on approval only. Material submitted to the Client by Planet may not be reproduced, distributed in any manner or form without the express permission of Planet and the purchase of a license thereof. Material reproduced, distributed or used in any manner or form without permission of Planet and the purchase of a license thereof shall be subject to the payment by the Client of all reasonable license fees, which would otherwise have been charged by Planet for such use.
4. The Client shall confirm to Planet its intention to purchase any item of Material in writing. No use shall be made by the Client of such Material until the license fee relating to that Material and any other terms and conditions relating thereto have been agreed with Planet. The Client shall provide Planet with all relevant information relating to the proposed use of the Material to enable Planet to establish the appropriate license fee relating thereto and to prevent any copyright dispute arising from use of the Material by any third party, or inappropriate use of the Material in any context.
5. Material shall be available on a first come first served basis in respect of any particular territory.
6. On confirmation by Planet to the Client that a license fee has been agreed (in writing), and that the Material is free for use at the time and in the territory agreed, the Client will be granted a license to use the Material on the following basis:
6.1. Publication of the Material shall be made in the agreed title only, and is for publication in the issue immediately following purchase or at a time that has been agreed by Planet;
6.2. Publication of the Material shall be made once only;
6.3. Publication of the Material in the agreed territory only;
6.4. Publication of the Material with the following credit line " Copyright [insert name of Journalist and or Photographer] / [insert name of Publication] / BBC Worldwide Ltd".
6.5. The Client agrees that the Material shall be used by the Client only for the purpose so authorised and for no other purpose whatsoever.
7. The Client warrants that it shall not copy, loan, transfer, further license, sell or otherwise deal with nor permit any third party to use the Material, nor purport in any way to assign the benefit of this agreement or any rights thereunder.
8. Payment of license fees will be made by the Client within thirty (30) days of the date of the invoice supplied by Planet to the Client in respect of the same.
9. Failure by the Client to make payment of any license fee in accordance with Clause 8 above, shall entitle Planet to rescind the license for use of the Material and recover damages, or at its option, Planet may charge interest on the overdue amount at a rate of 5%. The Client shall make full reimbursement to Planet of all costs of recovering overdue payments.
10. For a period of 7 days from the date of confirmation by Planet of the terms and conditions relating to the supply of the Material pursuant to Clause 6 above, the Client shall have the right to cancel its license to use the Material, by notice in writing to Planet, without further payment. Any cancellation of the license to use the Material by the Client after expiry of the cancellation period shall be subject to the payment by the Client of the full agreed license fee. Payment of such cancellation fee shall be made by the Client within thirty (30) days of the date of the invoice supplied by Planet to the Client in respect of the same.
11. The Client shall supply to Planet two copies of all publications of Material, free of charge, within two weeks of such publication.
12. Whilst Planet and BBC Worldwide Ltd shall use all reasonable endeavors to ensure that Material supplied will not violate the copyright of any third party and will not defame or libel any person, Planet, BBC Worldwide Ltd or its suppliers shall not be liable for any loss or damage suffered by the Client or by any third party arising from the use of any Material.
13. The Client agrees to indemnify and keep indemnified Planet and BBC Worldwide Ltd and its suppliers against any actions, suits, claims, demands and costs arising out of the use by the Client of the Material.
14. 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, Planet and BBC Worldwide Ltd may at any time thereafter inspect any records accounts and books relating to the reproduction of BBC Worldwide Ltd Material to ensure that it is being used only in accordance with the rights granted to the Client in this Agreement.
15. Unless specified in writing no warranty is given by BBC Worldwide Ltd as to the existence or validity of model or other releases in respect of any Picture and Planet and BBC Worldwide Ltd shall not be liable for the absence of such a release or for any defect in any existing releases. Planet and BBC Worldwide Ltd gives no rights or warranties with regard to the use of names, trade marks, copyright, registered or unregistered designs or works of art depicted in any Pictures and the Client must satisfy himself that all the necessary rights or consents as may be required for Reproduction are obtained and shall produce such consents to Planet and BBC Worldwide Ltd as soon as possible and before the Reproduction is made. The Client shall indemnify Planet and BBC Worldwide Ltd against any loss suffered by Planet and BBC Worldwide Ltd from any Reproduction of the Pictures by the Client without effective release rights or consents.
16. Planet can not guarantee that Material supplied in translation shall be entirely free from any inaccuracy and can not accept any loss or damage suffered by the Client or by any third party arising from the use of any translated Material. It is the duty of the Client to ensure that they consider the translation supplied by Planet to meet their criteria of accuracy and correct grammar. It is the responsibility of the Client to ensure that any translation made by the Client of Material is true and accurate.
17. Planet and BBC Worldwide Ltd and its suppliers reserves the right to bring any action, with or without recourse to the Client, to protect copyright in the Material and damages recovered pursuant to that action shall be retained by Planet and BBC Worldwide Ltd.
18. Any trade marks, logos, type fonts and formats contained in any publication Planet represents published by BBC Worldwide Ltd are the publications’ copyright and any use of the above mentioned without written consent from Planet and the publication Planet represents shall constitute a breach of copyright.
19. All bank charges for all payments by any method shall be borne by the Client. Unless a double taxation treaty is in force and this money can be reclaimed with UK tax offices all withheld tax, local taxes, VAT or any other duties shall be borne by the client. Unless otherwise specified all courier, postage and reproduction charges shall be borne by the client.
20. No variation of the terms and conditions set out herein shall be valid unless agreed in writing by both parties. These terms and conditions shall be governed by the Law of England and Wales and both parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
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