






Welcome to the tssphotography.co.uk website
We supply quality photographic imagery to the publication sector. Imagery is for editorial and review purposes ONLY.
Our portfolio is of live bands and artists, including the Kings of Leon, the Strokes, KT Tunstall, Scissor Sisters, Franz Ferdinand, Gomez and many more... feel free to browse our library.
We have taken photographs of Chelsea v Liverpool in the UEFA Champions League in April 2008, we hope to provide a wider range of sport, arts and entertainment photos in the near future.
To use any image for editorial reproduction, email licensing@tssphotography.co.uk with informaion about the publication, including circulation, duration of issue and image size and position.
We also supply photographers on a commission basis. Please provide 2 weeks notice when booking a photographer, as short notice will require greater preparation. Costs are calculated for each assignment separately. This will include an hourly rate, developing, processing, travel and accommodation expenses.
| Apr 2008 - | Photographed Chelsea v Liverpool UEFA Champions League Semi-Final. |
| June 2007 - | TSS Photography is now listed on MYSPACE. Please visit www.myspace.com/tss_photography add us as a friend and leave comments about our photographs. |
| Jan 2005 - | Several photographs of the Kings of Leon are on www.kingsofleon.com in the gallery section, photos include Norwich, Brixton, Cambridge and a selection from the after party all taken by our photographer Chris White. |
| Dec 2004 - |
The Kings of Leon have signed a 1 off enlarged poster of lead singer Caleb Followill at Norwich UEA. |
| Nov 2004 - | A couple of photographs of Snow Patrol from the V2004 festival and on the Snow Patrol Official website www.snowpatrol.com |
| Oct 2004 - | Photograph of Strokes’ Nick Valensi used for the Strokes Official Newsletter. |
| Sept 2004 - | A selection of our Strokes photographs from the V2004 festival are on the Strokes official website www.thestrokes.com |
TSS Photography Editorial, Rights-Managed Licence Agreement
THIS IS A LEGAL AGREEMENT BETWEEN LICENSEE, PURCHASER (IF ANY)
AND TSS Photography. THIS AGREEMENT APPLIES TO LICENSES ISSUED VIA THE WEB
AND VIA LOCAL SALES REPRESENTATIVES, AND IS APPLICABLE TO ONLINE, DIGITAL
AND ANALOGUE (PHYSICAL) DELIVERY OF LICENSED MATERIAL (THE "AGREEMENT").
1. Definitions. In this Agreement the following definitions apply:
1.1 "Editorial Licensed Material" means Licensed Material relating
to events that are newsworthy or of public interest and that is licensed for
use in an editorial manner.
1.2 "Invoice" means the computer-generated or preprinted standard
form invoice provided by TSS Photography or an authorised distributor setting
out terms agreed with the Licensee. The Invoice shall be incorporated into
this Agreement and all references to the Agreement shall include the Invoice.
1.3 "Licensed Material" means any still image, film or video footage,
audio product, visual representation generated optically, electronically,
digitally or by any other means, including any negatives, transparencies,
film imprints, prints, original digital files or any Reproductions thereof,
or any other product protected by copyright, trademark, patent or other intellectual
property rights, which is licensed to Licensee by TSS Photography under the
terms of this Agreement. Any reference in this Agreement to the Licensed Material
shall be to each individual item within the Licensed Material and also to
the Licensed Material as a whole.
1.4 "Licensee" means the person or entity purchasing a licence hereunder
or if there is a separate Purchaser, the person or entity specifically designated
as Licensee during the purchase process and set forth as such in the Invoice.
1.5 "Purchaser" means a person or entity purchasing the licence
hereunder on behalf of a third party Licensee.
1.6 "Reproduction" and "Reproduce" mean any form of copying
or publication of the whole or a part of any Licensed Material, via any medium
and by whatever means, and the distortion, alteration, cropping or manipulation
of the whole or any part of the Licensed Material and the creation of any
derivative work from the Licensed Material.
1.7 "Rights and Restrictions" means the information: (i) accompanying
the Licensed Material on the TSS Photography website (including all areas
of the purchase process); (ii) in the Invoice; (iii) in the editorial feed;
or (iv) in any other written communication accompanying the Licensed Material.
Such restrictions may include, without limitation, the permitted scope of
use, any territory or other use restrictions applicable to the Licensed Material
selected, and the corresponding price for the licence of such Licensed Material.
The Rights and Restrictions shall be incorporated into this Agreement and
all references to the Agreement shall include the Rights and Restrictions.
2. Grant of Rights & Restrictions.
2.1 TSS Photography grants to Licensee a non-exclusive, non-sublicensable
and non-assignable right to use and Reproduce the Licensed Material identified
in the Rights and Restrictions, solely to the extent explicitly stated in
this Agreement. This right may be exercised by subcontractors of Licensee
(including Purchaser) for preparation of the final product for the licensed
use, provided that such subcontractors agree to abide by the terms of this
Agreement.
2.2 Use of the Licensed Material is strictly limited to the use, medium, period
of time, print run, placement, size of Licensed Material, territory and any
other restrictions specified in the Rights and Restrictions. Licensee may
utilise the Licensed Material in any production process that may be necessary
for the intended use specified in the Rights and Restrictions.
2.3 Unless additional rights are stipulated in the Rights and Restrictions
or granted pursuant to a separate licence agreement, Editorial Licensed Material
may not be used for any commercial, promotional, advertising or merchandising
use.
2.4 Editorial Licensed Material may be cropped, provided that the editorial
integrity of the Licensed Material is not compromised, but shall not, under
any circumstances, otherwise be rotated, altered, changed or tampered with,
either manually or electronically, without Getty Images' express written permission.
2.5 While efforts have been made to correctly caption the subject matter of
the Licensed Material, TSS Photography does not warrant that such information
is accurate.
2.6 Pornographic, defamatory or otherwise unlawful use of Licensed Material
is strictly prohibited, whether directly or in context or juxtaposition with
specific subject matter.
2.7 Licensed Material shall not be incorporated into a logo, trademark or
service mark.
2.8 Licensee may not make the Licensed Material available in any medium in
a manner intended to allow or invite persons to download or extract the Licensed
Material.
2.9 Licensed Material may not be modified, reconfigured or repurposed for
use in any mobile-directed web sites or mobile applications that are specifically
created for viewing of Licensed Material on mobile devices, without obtaining
the prior written consent of TSS Photography.
2.10 Unless otherwise authorised by applicable law or specified in the Rights
and Restrictions, Licensee may not, directly or indirectly, Reproduce the
final product of the licensed use in any secondary Reproductions, such as
compilations or screen shots. Such Reproductions require an additional licence
from TSS Photography and may be subject to payment of additional licence fees.
2.11 Licensed Material shall not be used contrary to any restriction on use
that is provided to Licensee prior to or at the time the Licensed Material
is delivered to Licensee. Such restrictions may be included in the Rights
and Restrictions or in any other written communication from TSS Photography.
Any such restriction provided to Licensee shall be incorporated into and become
part of this Agreement.
2.12 Where Purchaser is licensing Licensed Material on behalf of a Licensee,
Purchaser hereby represents and warrants that: (i) Purchaser is authorised
to act as an agent on behalf of Licensee and has full power and authority
to bind Licensee to this Agreement; and (ii) if Licensee disputes Purchaser's
power and authority to act on behalf of Licensee with respect to this Agreement,
Purchaser shall be bound and liable for any failure of Licensee to comply
with the terms of this Agreement. Nothing in this Section 2.12 shall serve
to excuse Purchaser's obligation to make payment to TSS Photography for the
Licensed Material.
3. Photo Credit and Intellectual Property.
3.1 Copyright. No ownership or copyright in any Licensed Material shall pass
to Licensee by the issuance of the licence contained in this Agreement. Except
as expressly stated in this Agreement, TSS Photography grants Licensee no
right or licence, express or implied, to the Licensed Material.
3.2 Trademarks. In connection with the use of "TSS Photography"
or any other of TSS Photography trade names, trademarks, logos or service
marks ("Marks"), Licensee acknowledges and agrees that (i) TSS Photography
Marks are and shall remain the sole property of TSS Photography; (ii) nothing
in this Agreement shall confer upon Licensee any right of ownership in TSS
Photography Marks; and (iii) Licensee shall not now or in the future contest
the validity of TSS Photography Marks.
3.3 Photo Credit. Except as otherwise noted in Section 11, Editorial Licensed
Material must include the following credit line adjacent to the Licensed Material:
"[Photographer's Name]/[Special Collection Reference, if any]/ TSS Photography
" or as otherwise notified by TSS Photography. If Licensee omits the
credit, an additional fee in an amount up to one hundred percent (100%) of
the original invoiced amount attributable to the Licensed Material may be
payable by Licensee, at TSS Photography sole discretion. The foregoing fee
shall be in addition to any other rights or remedies that TSS Photography
may have at law or in equity.
3.4 Notice of Violations. Licensee will immediately notify TSS Photography
if it becomes aware or suspects that any third party that has gained access
to the Licensed Material through Licensee is wrongfully using the Licensed
Material, in whole or in part, or is violating any of TSS Photography intellectual
property rights, including, but not limited to, Marks and copyrights.
4. Releases.
4.1 TSS Photography will notify Licensee if it has obtained a model release
and/or a property release for Licensed Material, either in the Rights and
Restrictions or by written notice to Licensee. The warranty and indemnity
set forth in Sections 5.1(iv) and 6.1 below are only provided if and when
such written notification is given. If no such notification is given, then
no such model or property release has been obtained. Licensee acknowledges
that some jurisdictions provide legal protection against a person's image,
likeness or property being used for commercial purposes without their consent.
Neither TSS Photography nor any party on whose behalf TSS Photography licenses
Licensed Material (each, a "Licenser") makes any representations
or warranties as to whether any additional fees or payments may be due to
any person depicted in Licensed Material pursuant to the requirements of any
applicable trade union, and Licensee shall be solely responsible for any such
additional fees or payments to such trade union.
4.2 Except where Licensee is specifically notified that a model and/or property
release has been obtained by TSS Photography, neither TSS Photography nor
any Licenser grants any rights or makes any warranties with regard to the
use of names, people, trademarks, trade dress, logos, registered, unregistered
or copyrighted audio, designs or works of art or architecture depicted in
any Licensed Material. Licensee shall be solely responsible for determining
whether a release is required in connection with any proposed use of Licensed
Material, and Licensee shall be responsible for obtaining any required release.
As to any release delivered with any Editorial Licensed Material, neither
TSS Photography, nor any Licenser, makes any representation, warranty or guarantee
as to its sufficiency with regard to any use of the Licensed Material made
by Licensee. Licensee shall obtain all necessary individual, property, team
logo, trademark, audio and other releases, approvals and clearances from third
parties as may be required for the Licensee's use of the Licensed Material
prior to using the Licensed Material.
4.3 If any Licensed Material (other than Editorial Licensed Material) featuring
a model or property is used in connection with a subject that would be unflattering
or controversial to a reasonable person, Licensee must accompany each such
use with a statement that indicates that: (i) the Licensed Material is being
used for illustrative purposes only; and (ii) any person depicted in the Licensed
Material, if any, is a model.
5. Warranty and Limitation of Liability.
5.1 TSS Photography warrants that: (i) it has all necessary rights and authority
to enter into and perform this Agreement; (ii) the Licensed Material will
be free from defects in material and workmanship for thirty (30) days from
delivery (Licensee's sole and exclusive remedy for a breach of this warranty
being the replacement of the Licensed Material); (iii) Licensee's use of the
Licensed Material in its original form, and when used in accordance with this
Agreement, will not infringe on any copyrights or moral rights of any person
or entity; and (iv) if a release is provided by TSS Photography pursuant to
Section 4.1, Licensee's use of the Licensed Material in its original form,
and when used in accordance with this Agreement will not infringe on any trademark
or other intellectual property right and will not violate any right of privacy
or right of publicity.
5.2 NEITHER TSS PHOTOGRAPHY NOR ANY LICENSER MAKES ANY OTHER WARRANTIES, EXPRESS
OR IMPLIED, REGARDING THE LICENSED MATERIAL OR ITS DELIVERY SYSTEMS, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. NEITHER TSS PHOTOGRAPHY NOR ANY LICENSER SHALL BE LIABLE
TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY PUNITIVE, SPECIAL, INDIRECT,
CONSEQUENTIALOR INCIDENTAL DAMAGES, OR ANY OTHER DAMAGES, COSTS OR LOSSES
ARISING OUT OF THIS AGREEMENT, EVEN IF TSS PHOTOGRAPHY OR ITS LICENSERS, AS
APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR
LOSSES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED
WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES.
6. Indemnification.
6.1 Provided Licensed Material is only used in accordance with this Agreement
and Licensee is not otherwise in breach of this Agreement and as Licensee's
sole and exclusive remedy for any alleged or actual breach of the representations
and warranties set forth in Section 5 above, TSS Photography shall defend,
indemnify and hold Licensee and its parent, subsidiaries and commonly owned
or controlled affiliates and their respective officers, directors and employees
harmless from all damages (except punitive damages not directly attributable
to acts of TSS Photography), liabilities and expenses (including reasonable
attorneys' fees and permitted and authorised costs) arising out of or connected
with any actual or threatened lawsuit, claim or legal proceeding alleging
that TSS Photography is in breach of its warranties set forth in Section 5
above. The foregoing states TSS Photography entire indemnification obligation
under this Agreement.
6.2 Licensee shall defend, indemnify and hold TSS Photography and its parent,
subsidiaries and commonly owned or controlled affiliates and their respective
officers, directors and employees harmless from all damages (except punitive
damages not directly attributable to acts of Licensee), liabilities and expenses
(including reasonable attorneys' fees and permitted and authorised costs)
arising out of or as a result of claims by third parties relating to: (i)
Licensee's use of any Licensed Material outside the scope of this Agreement;
(ii) any other actual or alleged breach by Licensee of this Agreement; or
(iii) Licensee's failure to obtain any required release.
6.3 The party seeking indemnification pursuant to this Section 6 shall promptly
notify the other party of such claim. At indemnifying party's option, indemnifying
party may assume the handling, settlement or defence of any claim or litigation,
in which event indemnified party shall cooperate in the defence of any such
claim or litigation. Indemnified party shall have the right to participate
in such litigation, at its expense, through counsel selected by indemnified
party. The indemnifying party will not be liable for legal fees and other
costs incurred prior to the other party giving notice of the claim for which
indemnity is sought.
7. Condition of Licensed Material. Licensee should examine all Licensed Material for possible defects (whether digital or otherwise) before sending any Licensed Material for Reproduction. Without prejudice to Section 5.1.(ii) above, TSS Photography shall not be liable for any loss or damage suffered by Licensee or any third party, whether directly or indirectly, arising from any alleged or actual defect in any Licensed Material or its caption or in any way from its Reproduction.
8. Licence Cancellation Fee. If Licensee or Purchaser requests in writing to cancel this Agreement within thirty (30) days of the date of receipt by Licensee or Purchaser of the Licensed Material, and such Licensed Material has not been used by Licensee, TSS Photography may cancel this Agreement and issue a credit to Licensee's or Purchaser's account or credit card in an amount up to one hundred percent (100%) of the licence fee minus a composite/layout fee that will be charged at TSS Photography then standard rate. Nothing in this Section 8 shall apply to research, lab, service fees, administration fees or editorial subscription fees which shall be payable according to the terms stated on the Invoice and shall be non-refundable.
9. Interest or Cancellation on Overdue Invoices. If Licensee fails to pay TSS Photography Invoice in full within the time specified in the Invoice, TSS Photography may add a service charge of one-and-one-half percent (1.5%) per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received. TSS Photography also reserves the right, in its sole discretion, to revoke the licence if payment is not made in full on time.
10.Miscellaneous Terms.
10.1 Unauthorised Use. Any use of Licensed Material in a manner not expressly
authorised by this Agreement or in breach of a term of this Agreement constitutes
copyright infringement, entitling TSS Photography to exercise all rights and
remedies available to it under copyright laws around the world. Licensee shall
be responsible for any damages resulting from any such copyright infringement,
including any claims by a third party. In addition and without prejudice to
Getty Images' other remedies under this Agreement, TSS Photography reserves
the right to charge and Licensee agrees to pay a fee equal to up to five (5)
times TSS Photography standard licence fee for the unauthorised use of the
Licensed Material.
10.2 Audit/Certificate of Compliance. Upon reasonable notice, Licensee shall
provide sample copies of Reproductions containing Licensed Material to TSS
Photography. In addition, upon reasonable notice, TSS Photography may, at
its discretion, either through its own employees or through a third party,
audit Licensee's records directly related to this Agreement and use of Licensed
Material in order to verify compliance with the terms of this Agreement. Where
TSS Photography reasonably believes that Licensed Material is being used outside
of the scope of the licence granted under this Agreement, Licensee shall,
at TSS Photography request, provide a certificate of compliance signed by
an officer of Licensee, in a form to be approved by TSS Photography.
10.3 Electronic Storage. For all Licensed Material that Licensee takes delivery
of in electronic form, Licensee must retain the copyright symbol, the name
of TSS Photography and the image number or other identification number associated
with the Licensed Material as may be included as part of the electronic file
containing the Licensed Material that is stored on Licensee's computers. Licensee
may not make additional high-resolution copies of the Licensed Material and
Licensee shall maintain a robust firewall to safeguard against unauthorised
third-party access to the Licensed Material. Notwithstanding the foregoing,
Licensee may make one (1) high-resolution backup copy of the Licensed Material
for security purposes only. Upon the expiration or earlier termination of
this Agreement, Licensee shall promptly delete and remove the Licensed Material
from Licensee's premises, computer systems and storage (electronic or physical)
and shall ensure that its subcontractors do likewise.
10.4 Withdrawal. Upon notice from TSS Photography, or upon Licensee's knowledge
that any Licensed Material is subject to a threatened or actual claim of infringement,
violation of another right, or any other claim for which TSS Photography may
be liable herein, or if TSS Photography withdraws any Licensed Material for
any good reason, Licensee will physically remove the Licensed Material from
its premises, computer systems and storage (electronic or physical) and, if
possible, cease any future use at its own expense. TSS Photography shall provide
Licensee with comparable Licensed Material (which comparability will be determined
by TSS Photography in its reasonable commercial judgement) free of charge,
but subject to the other terms and conditions of this Agreement.
10.5 Governing Law. This Agreement will be governed in all respects by the
laws of the State of New York, U.S.A., without reference to its laws relating
to conflicts of law. Any disputes arising from this Agreement or its enforceability
shall be settled by binding arbitration to be held in one of the following
jurisdictions (whichever is closest to Licensee's corporate headquarters,
if Licensee is an entity, or principal residence, if Licensee is an individual):
Seattle, Washington; New York, New York; London, England; Paris, France; or
Singapore. The United Nations Convention on Contracts for the International
Sale of Goods does not govern this Agreement. Notwithstanding the foregoing,
TSS Photography shall have the right to commence and prosecute any legal or
equitable action or proceeding before any court of competent jurisdiction
to obtain injunctive or other relief against Licensee in the event that, in
the opinion of TSS Photography, such action is necessary or desirable.
10.6 Severability. If one or more of the provisions contained in the Agreement
is found to be invalid, illegal or unenforceable in any respect, the validity,
legality and enforceability of the remaining provisions shall not be affected.
Such provisions shall be revised only to the extent necessary to make them
enforceable.
10.7 Waiver. No action of either party, other than express written waiver,
may be construed as a waiver of any provision of this Agreement. A delay on
the part of either party in the exercise of its rights or remedies will not
operate as a waiver of such rights or remedies, and a single or partial exercise
by either party of any such rights or remedies will not preclude other or
further exercise of that right or remedy. A waiver of a right or remedy on
any one occasion will not be construed as a bar to or waiver of rights or
remedies on any other occasion.
10.8 Entire Agreement. This Agreement contains all the terms of the licence
agreement and no terms or conditions may be added or deleted unless made in
writing and signed by an authorised representative of both parties. In the
event of any inconsistency between the terms contained herein and the terms
contained on any purchase order sent by Licensee, the terms of this Agreement
shall govern.
For all enquiries about using imagery send an email with details about the publication, circulation, image size, position and duration.
Email: licensing@tssphotography.co.uk
Phone: 07884008850
Address:
TSS Photography
5 Flag Business Exchange
Vicarage Farm Road
Peterborough
PE1 2QE

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