Terms and conditions

Terms and conditions

General Terms

By using Royal Museums Greenwich Images (RMG Images), including its website www.images.rmg.co.uk, you agree to be bound by the following terms and conditions. This agreement applies to you and, if you are using RMG Images on your employer’s behalf, to you and your employer. Royal Museums Greenwich reserves the right to alter and update this agreement at its discretion, without giving explicit notice. If you do not accept these terms, do not use any images provided by RMG Images or downloaded from our website. You will be deemed to have accepted these terms and conditions unless you notify us to the contrary.

No variation of these terms and conditions shall be effective unless agreed to in writing.  These terms apply to all RMG images, both stills and footage, whether supplied as digital files via our website, via file transfer software or attachments via email.

 

Definitions:

“We/Us/Our", “NMM” and/or "Museum” is the National Maritime Museum, Greenwich, London, SE10 9NF. (Please note the National Maritime Museum represents the Queen’s House, Royal Observatory Greenwich and the Cutty Sark which are collectively known as Royal Museums Greenwich (RMG)

"You" or “Licensee” is the person or entity named as the client.

“RMG Images” is the National Maritime Museum Image Library and trades under the National Maritime Museum company

“Website” is www.images.rmg.co.uk

“Image” means a photograph,  digital still image, footage digital file, design, artwork, or any item which may be offered for the purposes of reproduction

1. Ownership: All images and information provided by RMG Images or downloaded from the website are the property and/or copyright of NMM (unless stated otherwise). The moral rights of NMM and its authors of works represented on this site have been asserted. No property, copyright or publication rights in any image shall pass to the customer either on submission of the images to the customer or once we grant reproduction rights.

2.1. Image Licences and Admin Fees: To request a quotation  for your intended image use, please email RMG images  images@rmg.co.uk or use the Licensing options in the Basket area of the Images website images.rmg.co.uk. Admin fees are non-refundable.

2.2. Quotes are valid for 3 months: After this time please contact RMG Images for a revised quote.

 

Content

3. New Photography: When new photography/digitisation is required of a previously un-photographed/un-digitised item from the collection, the cost will be quoted at the time of order. Images resulting from new photography are the property and copyright of NMM. Any publication right (defined in the Copyright and Related Rights Regulations 1996 https://www.legislation.gov.uk/uksi/1996/2967/contents/made) arising from your use of any image will vest in us and you hereby assign all such rights arising to NMM.

4. Supply of images in digital format: Our images are digital files supplied in RGB colour space. You may save/download low-resolution images (or “comps”) for layout, testing and evaluation purposes. You may not use low resolution images for any final productions in printed or electronic form, including presentations, without our permission. You may not remove watermarks or metadata from RMG images. High-resolution images: we supply 300dpi jpegs as standard, directly from our website. We do not supply transparencies. High-resolution images cannot be placed online under any circumstances. Low-resolution files which are allowed for web use are defined as 72dpi 1280 pixels longest length.

4.1. Free image downloads: Royal Museums Greenwich supports education, scholarship and research by making available lower resolution JPEGs (72 dpi and 1280 pixels on the longest side) for instant download. You may use them for personal research, and for some educational purposes and scholarly publications, such as journals and academic theses. A maximum of 15 images per project within a 28 day period are permitted. If you need to download more images please contact us via e-mail images@rmg.co.uk. Please refer to the Price list page of our web site for additional information.

5. Retention of images: Storage, duplication and transmission in any form of any RMG image is forbidden unless agreed otherwise by us. Short-term storage is permitted if essential during the production process but all such images (including copies or versions) must be destroyed at the end of the process and deleted from all servers. RMG images may be electronically watermarked and we may detect and track any unauthorised use.

6. License Rights: license rights are one-time, non-exclusive, apply to a single edition and subject to these terms and conditions, unless specifically agreed otherwise. Reproduction by whatever means of the whole, or any part of, any RMG images is forbidden without our specific permission. Rights may not be assigned, nor may the image(s) licensed to you be loaned, supplied or transferred to third parties, without our written permission.

6.1. In the event of dispute we retain the right to withdraw content and offer alternatives or a refund fee

6.2. No reproduction rights are granted by virtue of delivery of images: Your right to reproduce an image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such rights is paid in full. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction without licence of any image supplied to you.

6.3. Collection agencies: We reserve all rights to claim royalties and other payments from Collective Management Organisations in connection with secondary use of our content and you do not acquire the right to claim or collect secondary Licensing Fees on our behalf.

7. Fee agreements: If you have a fee agreement with RMG Images, this will be applied to your invoices. Fees for image use beyond the scope of a fee agreement must be negotiated specifically and separately.

8. Image credits: You must credit the NMM each time an image is used, unless agreed otherwise. Our credit line is ‘© National Maritime Museum, Greenwich, London’, unless otherwise stated on the image. Where space is limited, abbreviations such as ‘© NMM’ are acceptable but must be agreed with us in writing. Image captions and image numbers should be included in image credits whenever possible.

8.1. Crown copyright: You must credit the NMM as follows where crown copyright is applicable. © Crown copyright. Photo: National Maritime Museum

9. Image captions: RMG uses all reasonable endeavours to provide accurate caption text information on its website. However, errors do occasionally occur and the Licensee shall be responsible for verifying that the relevant caption accurately describes the image that it accompanies.

10. Consent: You must satisfy yourself that all necessary rights, model releases or consents, which may be required for reproduction, are obtained. We make no claim or warranty with regard to your use of names, people, trademarks or copyright material depicted in any image.

11. Use of material supplied: Any image provided by RMG Images is for the purpose of giving visual access to material held in our collection. The use of these images for any current project which involves construction, modification, restoration or safety evaluations are done so at the risk of the Licensee. This includes, but is not limited to, buildings, vessels, furniture, props and models.

12. Image manipulation: Images may be cropped, positioned, enlarged or reduced but must not be changed or manipulated, nor the meaning of the original work distorted. Images must not be altered without our prior written consent. When an Image is cropped for reproduction, this should be indicated by adding ‘(detail)’ to the picture caption.

12.1. You must not use the Content in a pornographic, obscene, offensive, defamatory, misleading or unlawful manner or context.

13. Artist’s Reference: The Museum does not permit replicas of any items in its collection for commercial purposes unless a licence has been granted. Written permission must be obtained from us before use of our images for artist’s reference (this includes requests from all model makers - 2 and 3D, set designers, creatives, film/TV producers and researchers).

14. Third party assignment: Images and content supplied to the customer or any part of it shall not be sub-licensed, sub-contracted, sold or otherwise circulated to a third party. License rights granted are personal to you and are not assignable by you to any third party. If we agree in writing that you may license use of any RMG image to a third party, you will ensure by written agreement with the third party that they are restricted by licence terms forbidding the distribution, copying and further use or storage of our image(s). You will also ensure the correct credit is given to RMG Images by the third party.

15. RMG logos/trademarks: Other than in relation to the credit line, the name and logos of the National Maritime Museum (including Royal Museums Greenwich) shall not be used by the Licensee in any way without the prior written consent from RMG.

15.1. Unless expressly permitted, you may not incorporate our content or any part into a logo, trade mark or service mark or recreate the content whole or in part in a drawing or visual work.

16. Registered users of the website (definition: those who obtain a login and password) must provide accurate information during the registration process. Registered users are responsible for maintaining the confidentiality of their login and password access details. You may not allow others to use your access details and you are personally responsible for any misuse or charges arising from the use of your account by third parties using your login details, with or without your permission.

17. Voucher: The Client shall supply one copy of any publication, broadcast or electronic reproduction containing any reproduction of any image, free of charge within two weeks of creation. Evidence of print runs, transmissions and web access must be made available to RMG on request.

18. Payment: Fees are payable within 30 days of the date of issue of the invoice. If you do not pay in accordance with the above, we may rescind this agreement and 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. If payment is not made we reserve the right to charge interest on any outstanding amount. Any license rights granted by us are automatically terminated if you are unable to pay your debts when due. Any licence granted will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed: or (c) 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 will immediately revert to us and any further exploitation of any image shall constitute an infringement of copyright.

19. Cancellation and refunds: Unfortunately we are unable to provide refunds once images have been directly downloaded from our e-commerce site. If the client requests cancellation of the license after signing a manually processed order form, RMG may at its discretion agree to cancel the Licence, subject to the Client paying a cancellation fee equal to 50% of the invoice total, with a minimum of £50 + VAT paid for all invoices to cover handling fees. Administration fees for images are non-refundable.

Charges for new photography/digitisation must be paid in full if cancelled

Refunds for images licensed under a bulk discount or annual pre-paid agreement are not permissible.

If there has been a substantial amount of professional research carried out RMG may also, at its discretion, request a Professional Research Fee to be paid.

20. Overseas Customers: RMG is a UK-based organisation and all prices are in Pounds Sterling. If you are placing an order from overseas, your card issuer or transaction agency may convert the charged sum into your local currency. You accept that exchange rates vary constantly and that this may affect the final amount you pay in your local currency, or are quoted by our staff or on our website.

21. GDPR: Use of your personal data: Any personal data you supply RMG with as part of your contract with us will be stored in our image licensing system hosted by a third party supplier which is fully compliant with the General Data Protection Act 2018. Your data is accessible only to authorised members of staff and shall be retained for the length of our contract.

22. Termination: This agreement will terminate if you a) enter into voluntary or compulsory liquidation or insolvency, b) have a receiver appointed, c) fail to meet any of your obligations under the terms of this agreement

23. Whilst we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any image or its caption.

24. 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.

25. These terms and conditions are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English and Wales courts. If your business address is Scotland or Northern Ireland then “Scotland’ or “Northern Ireland” should be substituted for the words “England and Wales”.

26. Freedom of Information Act (FOIA): RMG is subject to the FOIA and that all information from you, which you consider is confidential, will be subject to RMG obligations under the Act. You have an obligation to release back to RMG information on RMG that is being held by you should that information be required by a requestor under the Freedom of Information Act.

27. Public Service Information Act (PSI): Clients are to note that the RMG is subject to PSI and therefore this agreement is non-exclusive and the museum reserves the right to offer content to any other RMG Images clients under the same conditions in a consistent, fair and transparent way.

28. Orphan Works: Every endeavour has been made to contact the copyright holders of materials available from RMG Images, due diligence searches will be documented before any digitising or licensing of images. A disclaimer will be clearly shown on all Orphan Works images where the copyright holder is unknown or untraceable.

 

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