Please read the terms and conditions carefully before purchasing a photography package or any image from Infinity Focus Photography. These terms and conditions cover personal use only. For commercial use of images in publication, media or sub-licensing, please contact me to request a specific quote.
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DEFINITIONS:
“Terms”, “Conditions”, “Agreement”, “Licence” refer to the Terms and Conditions as set out in this page (https://infinityfocus.photography/terms), between the Buyer and the Seller.
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“Buyer”, “client”, “you”, “your” refers to the person who books a photoshoot with Maxim Vinciguerra trading as Infinity Focus Photography.
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“Images”, “files” means any image, images, digital or print files created and supplied by Maxim Vinciguerra in accordance with these Terms and Conditions.
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“Seller”, “photographer”, “I”, “us”, “we”, “our”, “Maxim Vinciguerra”, “Infinity Focus Photography”, means any products/services provided by Ayad Al-Adnani, trading as Ayad Al-Adnani Photography.
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The headings in these Conditions are for convenience only and shall not affect their interpretation.
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By booking a photography session with Infinity Focus Photography you agree to the below terms and conditions of this agreement. Any questions relating to the terms and conditions, please feel free to get in touch.
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We reserve the right to make changes to the Terms and Conditions at any time and for any reason. Notification of any changes will be made by updating the “Last Updated” date above.
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Any changes or modifications will be effective immediately upon posting the updated ‘Terms & Conditions’ on the Site, and you waive the right to receive specific notice of each such change or modification.
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Images provided by Ayad Al-Adnani, trading as Ayad Al-Adnani Photography, are licensed under the Terms and Conditions set out below.
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BOOKING & PAYMENT
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​​A £50 deposit or the full amount is required to secure your booking. Payable by bank transfer or online checkout. Booking is only confirmed once the deposit is received
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Package price is fixed upon receipt of your payment (or first monthly instalment) and will not be affected by any price changes that occur prior to your reserved session.
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1.3. The remaining balance is due on the day of your shoot and will be automatically debited in the event of cancellation or no-show.
1.4. When paying in instalments the payment amount will be debited automatically on a monthly basis until payment is received in full. Failure to make payment will result in termination of the Licence Agreement. See clause 5.
2. CANCELLATION
2.1. Up to 72 hours prior to the shoot: Deposit refunded. Minus 3% processing fee.
2.2. Within 72 hours: Deposit non-refundable.
2.3. Within 24 hours or no-show: Full photoshoot fee.
3. REARRANGEMENT
If you would like to rearrange a shoot, admin fees apply as follows:
3.1. Up to 72 hours prior to the shoot: No charge
3.2. Within 72h: Deposit amount: Unless the slot can be filled.
3.3. Within 24 hours: Full photoshoot fee.
3.4. Deposit is non-refundable if the session is cancelled after rearrangement.
4. COPYRIGHT
4.1. All images remain the property of Maxim Vinciguerra, trading as Infinity Focus Photography and are copyrighted by law.
4.2. Maxim Vinciguerra reserves the right to be identified as the author of his work and for a credit when images are shared publicly, in accordance with sections 77 and 78 of Copyright, Designs and Patents Act 1988
4.3. All images must be credited either to ‘Infinity Focus Photography’ or ‘Maxim Vinciguerra’, on Instagram @infiniyfocusphoto, on Twitter @FocusInfinity, on facebook: https://www.facebook.com/InfinityFocusPhoto
More information on copyright can be found here: https://www.gov.uk/government/publications/copyright-notice-digital-images-photographs-and-the-internet/copyright-notice-digital-images-photographs-and-the-internet
5. LICENCE
Images must not be copied, published or used in any way except as provided for in this Agreement.
5.1. Images
Maxim Vinciguerra owns and will provide under this Agreement a number of edited digital images as set out, either on the website (infinityfocus.photography) for a specific package, or as per any given quote/invoice after payment is received in full or in part as agreed with the Buyer.
5.2. Permitted Use
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The Buyer shall only use images in accordance with this Agreement.
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Personal, non-commercial use means the Buyer may display images on their personal computers and print for personal use. The buyer may share/display image(s) on their personal websites, social media and third party websites so long as the image is unaltered and credit is attributed as set out in clause 4.
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Images may be used for promotional material by Maxim Vinciguerra (Infinity Focus Photography). This can be in any digital or print format, including but not limited to, on any page of the website (https://infinityfocus.photography), third party websites, in flyers, on social media, or any other digital or print medium.
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No images from the digital contact sheets may be used for any reason other than review by the client to choose images for editing.
5.3. Restrictions on Use
5.3.1. The Buyer may not sell, sub-licence or redistribute images provided by Maxim Vinciguerra.
5.3.2. The Buyer may not use images in a commercial manner to earn money, for marketing or advertising purposes, or in a trade mark, except as provided for in this Agreement.
5.3.3. The Buyer shall not use images in an obscene, defamatory or immoral way.
5.3.4. The Buyer shall not use, and shall not allow to be used the image(s) for any purposes prohibited by the laws of England and Wales.
5.3.5. The Buyer may not alter the images in any way.
5.3.6. The Buyer shall not allow others to use the image(s) and shall not use the images in a way that allows others to download, copy or redistribute the images except in accordance with this Agreement.
5.4. Expiry or Termination
5.4.1. The licence will continue indefinitely unless one of the Parties decides not to renew the Agreement or it is otherwise terminated for any of the reasons set out below.
5.4.2. Maxim Vinciguerra reserves the right to cancel the Licence Agreement immediately if for any reason, including but not limited to insolvency or bankruptcy, the buyer fails to make a payment when due.
5.4.3. Maxim Vinciguerra reserves the right to terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to the Buyer’s unauthorised use of the Digital Images.
5.4.4. Upon termination of the Licence Agreement, the Buyer shall discontinue the use of the Digital Image(s) provided by Maxim Vinciguerra immediately and destroy all copies of the images, whether in digital or print.
5.5. Liability and Indemnity
5.5.1. Maxim Vinciguerra will not be liable for any third party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from The Buyer’s use of images provided.
5.5.2. The Buyer agrees to defend, indemnify and hold harmless Maxim Vinciguerra against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from or arising out of the unauthorised use of images provided by Maxim Vinciguerra, or the Buyer’s breach of this Agreement.
5.6. Intellectual Property Rights
5.6.1. Maxim Vinciguerra retains all intellectual property rights of any provided images, including the sole Copyright (See clause 4). Nothing in this agreement shall operate to transfer, assign or otherwise grant any party any right or interest in Maxim Vinciguerra’s intellectual property rights, or affect ownership by the Seller of intellectual property rights with regard to any images provided.
5.6.2. Any use, under any conditions not specifically allowed for in this Agreement, may constitute a violation of the copyright laws of England and Wales, or international copyright agreements.
5.6.3. The Buyer shall not falsely represent that they are the original creator of any images provided by the Seller.
5.7. Exemptions
Credit not required for LinkedIn profile photo, where no option for credit is possible.
6. DELIVERY
6.1. No images, including the Contact Sheets, will be provided until payment is received in full, other than where a payment plan is in place.
6.2. If the selection of images to be edited from the contact sheets is not made within 60 days after receipt of the contact sheets, delivery of edited images is not guaranteed. After 6 months from the shoot, all unedited images will be deleted, see clause 7, Storage.
6.3. All images are provided on an “as is” basis with no right by the client to reject for any reason including but not limited to cropping, photographic style, composition, editing or colour grading.
7. STORAGE
All images from the shoot are normally stored for six months before deletion. Edited images normally remain stored for a minimum of two years. An exception to this is if a hardware failure results in a loss of the files. Images shared via dropbox, remain there for two weeks before deletion. It is the client’s responsibility to ensure they download all edited images within two weeks and make backups. Maxim Vinciguerra accepts no responsibility for loss of files once edited images are delivered by any means to the client, or if no selection for editing has been made by the client within six months of the shoot date.
8. TRAVEL AND PARKING
8.1. It is your responsibility to ensure you arrive on time for your booked photoshoot. Late arrival may result in a shorter session or missing out on the shoot altogether.
8.2. Maxim Vinciguerra accepts no liability for any parking fines incurred for incorrect meter payment, parking in restricted areas or if your booked photoshoot runs beyond the allotted time.