Terms & Conditions of Use (Commercial)
Overview
The National Archive of Transport Travel and Trade (NA3T) is an “archive of last resort” established specifically for the conservation of original negatives and colour slides (images) that may otherwise be lost to future generations. Photographs (as opposed to negatives) are excluded from the collection policy as are copy slides and copy negatives.
Unless otherwise stated, the author/owner of the Intellectual Property Rights in relation to the content of this web site and the images displayed or listed herein, together with other images being part of the NA3T Collection (NA3T image) but not listed on this web site, is the Collection Manager.
A licence to use any NA3T image in a commercial application must be obtained from the Collection Manager in advance.
Authors, Editors and Publishers (Users) should be aware that prints and digital copies from many of our images are legitimately held in various private collections worldwide and that counterfeit / bootleg copies are also in circulation. All such material is held for private use only and only the NA3T may authorise its use.
Commercial use without obtaining the necessary licence may render the User liable for twice the full NA3T rates plus recovery costs and any third party damages. We therefore strongly urge Users to be cautious of all images claiming to be from a private "collection", "library" or "archive" or submitted in digital format. We recommend Users obtain assurances that the contributor does actually own the rights to the images or that a valid licence has been obtained. Our own catalogue may be checked quite simply by searching for the subject ident (e.g. vehicle registration or serial number) whilst the validity of licences can be checked by eMailing us with the publication licence number.
It is NA3T policy not to come between publishers/editors and their contributors and we shall hold the publisher/editor ultimately responsible for ensuring satisfactory licencing arrangements are in place.
The Terms and Conditions
The Terms and Conditions set out below will apply to you if you wish to use images derived form any part of an NA3T image including first and subsequent generation images produced prior to the original image becoming part of the NA3T Collection but used after that point in time. If you do not agree the Terms do not use the images.
The whole of this web site content including the images as defined above are protected under UK copyright law (the Copyright, Designs and Patents Act 1988) and the Berne Convention for the Protection of Literary and Artistic Works (The Paris Act of 1971).
NA3T images must not to be edited or altered, published* without licence, copied, incorporated into or used as a component part of any work, placed on public display or resold by way of trade (including on-line auctions) without our prior written agreement.
The NA3T also provides a safe environment for private collections. Where it is indicated that copyright for an image in our care is held by someone other than the NA3T, it may be assumed that the copyright holder imposes the same restrictions as the NA3T.
Failure by NA3T 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.
*The term “published” includes, for both complete images and selected parts of images, all forms of reproduction and distribution, regardless of media, including broadcast and Internet/Web publication in whatever context.
Reproduction Rights
Unless a formal agreement is already in place, a User may reproduce a NA3T image only with the written agreement of the Collection Manager following the payment of the agreed licence fee. Such agreement shall take the form of a Reproduction Licence (licence) which may be delivered electronically or by surface mail and may take the form of an Invoice/Licence in which case it shall only become valid on receipt of the required fee.
Possession of a hard copy photo produced from a NA3T image (either directly or indirectly) by a User shall not constitute a right to reproduce that image. The User is required to tell the Collection Manager if any use of a NA3T image is planned and the Collection Manager shall, at his sole discretion, agree an appropriate licence fee and issue an Invoice/Licence as above.
The User may only reproduce the image strictly in accordance with the terms of the license and only when the licence has been issued.
The licence shall form a contract between NA3T and the User and the User shall not re-assign the licence to a third party. In the event that a third party reproduces any image supplied by NA3T, then the Licenced User shall, without prejudice, pay NA3T all the fees that the third party would have paid had the third party acquired a licence in accordance with these terms and conditions.
Liability
Whilst every effort is made to ensure the accuracy of the descriptive information occasional errors will occur and we will not accept any liability for any loss or inconvenience resulting from any inaccuracy or omission.
Acceptance
The use of this website and/or the publication of a NA3T image signifies acceptance of these terms and conditions.
