Photographs in this section of AAS Online have been authorised by MSI for Sale on this site for a limited period       EXCLUSIVELY.

AAS Online, have promised to abide by the terms and conditions of MSI and therefore, all customers purchasing photographs from these pages, will be regarded as accepting the terms and conditions as set by MSI respectively.

MSI Terms and conditions



These Pictures are delivered at the Customer’s request.
Any Customer will be deemed to have accepted MSI’s terms
and conditions set out below by virtue of the Customer’s
request referred to above.

Definitions
1 In these terms and conditions the following
definitions shall apply:

a) “The Customer” means any person, firm or company who
negotiates with or contracts to take on loan, or to
purchase, the Pictures of MSI.
b) “MSI” means Mirror Syndication International.
c) “Picture” includes a photographic print or
transparency or digital file or any other item which may
be offered for the purposes of Reproduction.
d) “Reproduction” includes any form of publication or
copying, of the whole or part of any Picture and whether
or not altered whether by printing, photography, slide
projection (whether or not to any audience), xerography,
artists reference, artists illustration, layout at
presentation, electronic or mechanical Reproduction or
storage by any other means, and “to Reproduce shall be
construed accordingly.

This Agreement
2 The conditions apply to all orders, supplies and
Reproductions of Pictures from or by MSI, and shall
apply in place of and prevail over any terms and
conditions contained or referred to in the buyer’s order
or correspondence or elsewhere or implied by trade
practice or course of dealing. No variation of terms and
conditions set out herein shall be effective unless
agreed in writing by both parties.

Loan of the Pictures
3 If any use of the Pictures shall give rise to
publication right (as defined in the draft Publication
Right and the Duration of Copyright in Performances
Regulations 1995) or to any similar rights in the United
Kingdom or in any other country those rights shall
belong exclusively to MSI. The Customer undertakes to do
all such things and to procure that any third parties in
whom such rights may otherwise vest do all such things
and sign and execute all such documents as may
reasonably be required to vest all such rights
exclusively in MSI.

4 Pictures are supplied to the Customer by way of loan
only. No property or copyright in any Pictures shall
pass to the client whether on their submission or on
MSI’s grant of Reproduction rights in respect thereof.

5 MSI may charge a non-refundable service fee to cover
research, administration and standard postal delivery of
analogue Pictures payable by the Customer on each
submission and resubmission of Pictures whether or not
Reproduction rights are required or granted. The fee
charged will be based on MSI’s standard rates for the
work involved, but will not be less than MSI’s minimum
service fee at the date of the order.

6 MSI shall deliver the Picture to the Customer
according to the Customer’s instructions, and unless by
standard postal delivery, at the Customer’s cost.
Reproduction Right

7 The Customer may reproduce the Pictures only:
a) with the prior written consent of MSI and
b) after payment of the appropriate Reproduction fee

8 Possession of the Pictures does not constitute consent
to reproduce them. The Customer must notify MSI of the
intended use of the Pictures. MSI may, at its
discretion, then grant consent to the Reproduction by
letter or by electronic mail or by invoicing the
appropriate Reproduction fee and such consent shall be
subject to any terms expressed therein.

9 a) until MSI has invoiced the Reproduction fee neither
party is committed to grant or to acquire any
Reproduction rights in any Picture. After a fee has been
agreed and an invoice issued there is a firm and binding
contract whereby MSI is committed to grant Reproduction
rights and the Customer to acquire them. If after such
invoicing but before payment the Customer requests
cancellation of the Reproduction rights MSI may in its
discretion cancel subject to the client paying a
cancellation fee.
b) The Customer’s right to Reproduce a Picture arises
only when MSI’s invoice relating to the grant of such
right is fully paid. Any Reproduction before payment of
the invoice constitutes an infringement of rights and a
breach of this Agreement entitling MSI to rescind the
Agreement and rendering the Customer liable to payment
of damages.
c) The Customer agrees to indemnify MSI in respect of
any claims or damages or any loss or costs arising in
any manner from the Reproduction rights of any any
Picture supplied to the Customer by MSI. This also
includes the case where, if any third party reproduces
any Picture loaned to the Customer, the Customer shall,
without prejudice, pay MSI all the fees which that third
party would be liable to pay to MSI had the third party
borrowed and reproduced the Picture pursuant to these
terms.

10 Unless otherwise agreed in writing by the parties,
Reproduction right for the Pictures granted by MSI
shall:
a) Not be exclusive to the Customer except when
specified on the invoice.
b) Be exercisable only by the Customer and shall not be
assigned without the prior written consent of MSI, nor
may any Picture submitted to the Customer be loaned or
transferred to third parties save for the purpose of the
exercise by the Customer of such Reproduction rights.
c) Be limited to the precise use, period of time and
territory specified on MSI’s invoice, and relate to a
single publication in a single size with text (if any)
in one language only, unless otherwise agreed in
writing.
d) Any Reproduction rights granted are by way of licence
and no partial or other assignment of copyright shall be
implied.
e) The Customer shall pay all invoices within 14 days
save in the case of newspaper, periodical and
broadcasting clients where payment shall be made no
later than the end of the calendar month immediately
succeeding publication or at use.
f) If payment is not made in accordance with a) above
then MSI may rescind this agreement and recover damages,
or charge interest at 2% per month on the overdue
amount.

11 MSI does not warrant the accuracy of any description
of Pictures and the identification of persons appearing
in them and therefore the Customer:
a) Shall report any discrepancies to MSI immediately on
their discovery.
b) Acknowledges that MSI shall not be liable to the
Customer for any inaccuracies.
c) Shall indemnify MSI against any claim, loss or damage
arising directly or indirectly from the Customer’s use
of the Pictures.

12 The Customer acknowledges and accepts that because of
age and origin of the Pictures and the images contained
therein, MSI gives no warranty or rights to the Customer
as to:
a) The existence or validity of model or other releases
in respect of any Picture or image; or
b) The use of names, people, trade marks, registered or
copyright designs or works of art depicted in any
Picture or image.
c) Moral rights (as set out in chapter IV of the
Copyright Designs and Patents Act 1988) relating to the
use of the Pictures.
The Customer shall obtain all necessary releases, rights
or consents for all uses and shall indemnify MSI against
any loss or claims arising from the use of the Pictures
by the Customer or any third party without effective
releases, rights or consents arising from any
infringement of moral rights relating to use of the
Pictures.

13 All Reproductions of Pictures shall be credited to
“Mirror Syndication International” and, if required by
MSI or by law, the name of the photographer.

14 If any Picture reproduced by the Customer omits the
credit line specified by MSI the Reproduction fee
payable by the Customer shall be subject to increase of
50% unless otherwise agreed in writing. The right of a
credit is asserted in accordance with sections 77 + 78
Copyright Designs & Patents Act 1988.

15 The Customer shall supply MSI immediately upon
Reproduction a verification photocopy, sample or
description of the product which bears the Reproduction.

16 No addition to, deletion from or alteration to or
adaptation of a Picture may be made without the written
permission of MSI.

17 While MSI takes all reasonable care in the
performance of this Agreement generally, MSI shall not
be liable for any loss or damage suffered by the
Customer or by any third party arising from the use or
Reproduction of any Picture or its caption.

18 Failure by MSI to exercise or enforce any rights
under these conditions shall not be deemed to be a
waiver of any such rights at any time or times
thereafter.

19 Any notice hereunder shall be deemed to have been
duly given if delivered by hand or sent by first class
prepaid post, fax, telex or electronic mail to the party
at its last known address. Notices and deliveries sent
by first class post shall be deemed to have been given
two days despatch and notices sent by fax, telex or
electronic mail shall be deemed to have been given on
the date of despatch.

20 This Agreement shall be subject to any construed
according to English law and the parties agree to accept
the exclusive jurisdiction of the court of England or,
for the exclusive benefit of the plaintiff in the
relevant proceedings, the courts of the country of the
principal place of business of the defendant in the
relevant proceedings.

All Material ©Mirror Syndication International