Version 1.0; updated 24 May 2012. These terms govern both the use of this website and certain services which are an inherent part of the ‘Christian Bodden Photography: Images from the Underground’ brand.
1.1) Website: All user generated content (including but not limited to: text, images, video or audio recordings) on this website is © Christian Bodden 2012. Any third party design, skin, or theme that is used is © Copyright the respective designer and used under license.
1.2) Images: All images are © Copyright Christian Bodden 2007-2012. This applies to images on this site and any other website, social networking site or physical format under the ‘Christian Bodden Photography: Image from the Underground’ brand or any other brand (related or otherwise) owned by Christian Bodden.
1.3) Rights: All Rights Reserved. Any unauthorised use of any image, text or any other work is an infringement of copyright.
1.4) Licensing: I will license work to individuals or organisations as described in section 2 below. Any use outside of the agreed conditions is an infringement of copyright.
1.5) Notes: Copyright exists at the point of creation of a piece of work. For a photographic image this includes a film or digital negative and a final digital image, print, or any other form of media. It is not necessary that a copyright notice be displayed. I am not a professional photographer (defined as drawing an income from my photography), but this does not mean that my work is free as it costs me money and time to produce this work. I will seek to reclaim costs from any party who is found to be using my work without consent.
2.1) Preamble: I have an interest in promoting local music and artistic enterprises and will often provide my time, skills and/or previously created work for little or no remuneration in support of this aim. If you wish to discuss use of any images or other media on this site, please contact me.
2.2) Copyright of Licesned Images: In all cases, unless explicitly agreed copyright for any images remains with Christian Bodden.
2.2) Reciprocal Exposure: If I have provided images to you as a band, DJ, performer, Promoter or any other party my standard terms are outlined beginning clause 2.2.1 below.
2.2.1) You may upload copies of any image(s), at up to and including the resolution I have supplied them, to any website or social networking page which you own or manage; one copy per image per site. You must credit any images used as ‘Christian Bodden’ and provide a link to http://www.imagesfromtheunderground.co.uk. I reserve the right to watermark images that I send for under this agreement, both visibly and invisibly.
2.2.2) You may not pass on any image(s) to a third party for their use on any website or physical output, or for in promoting any event, recording or similar, without written consent.
2.2.3) You may not use any image(s) on any form of physical media (for example, but not limited to CD, vinyl, DVD or tape covers, flyers or posters), without written consent.
2.2.4) For the avoidance of doubt, written consent should be obtained for any use other than as defined in 2.2.1 above.
2.2.5) In situations such as those defined under 2.2.2 and 2.2.4 I will seek damages under clauses 1.3 and 1.4 above jointly and severally from both you and any third party to who you have passed the images.
2.3) Event Coverage: If I have agreed to photograph your event, whether or not payment and/or expenses are received, my standard conditions are defined from clause 2.3.1 below.
2.3.1) You may upload copies of any image(s), at up to and including the resolution I have supplied them, to any website or social networking page which you own or manage; one copy per image per site. You must credit any images used as ‘Christian Bodden’ and provide a link to http://www.imagesfromtheunderground.co.uk. I reserve the right to watermark images that I send for under this agreement, both visibly and invisibly. You may include your logo on any images you use in this manner, provided that this does not obscure any watermark I choose to include.
2.3.2) You may not pass on any image(s) to a third party for their use on any website or physical output, or for in promoting any event, recording or similar, without written consent.
2.2.3) You may use any image(s) on any form of physical media (for example, but not limited to CD, vinyl, DVD or tape covers, flyers or posters), without further consent though I would consider it courtesy that I be informed.
2.2.4) For the avoidance of doubt, written consent should be obtained for any use other than as defined in 2.2.1 or 2.2.3 above.
2.2.5) In situations such as those defined under 2.3.2 I will seek damages under clauses 1.3 and 1.4 above jointly and severally from both you and any third party to who you have passed the images.
2.4) Other licensed use: Terms for any other licensed use shall be defined in a written agreement agreed by both parties. Electronic mail is sufficient for this purpose and a reply accepting the terms shall be deemed as agreement.
3) Personal Information (including images in which you are the subject) and Privacy.
3.1) Images in which you are the subject: If you are concerned about any content or images which features you as a subject please contact me and I will attempt to resolve any issues.
3.2) My Rights: Notwithstanding 3.1 above, while I have no intention of causing and will always attempt to avoid any distress to any other party I take my rights as a photographer seriously. This includes (but is not limited to) my right to photograph any person in a public place or in a place (such as an event) where attendees have been informed, or have reasonable reason to expect that they may be photographed; and my right to publish images which may display any party in an unfavourable light provided those photographs have been taken in accordance with the Law and no distortion of the actual event or scene has occurred.
3.3) Personal Data: Any personal data submitted to this site may be used for the purposes of contacting you as agreed when submitting this data. This is set out from 3.3.1 below.
3.3.1) I will use personal email addresses submitted in comments on pages of this site to respond to those comments if I feel that to do so in public would be inappropriate. I will not add those email addresses to any mailing list without consent.
3.3.2) I will use personal email addresses submitted via the contact form to respond to any contact made. I may save these in a personal address book for this purpose only. I will not add those email addresses to any mailing list without consent.
3.3.3) Any email addressed submitted in order to join a mailing list will be use for the purposes of that mailing list only. They will be saved on a remote server as required by the software used. Any backups stored on a local machine will be encrypted. I will not use these email addresses for any other purpose without consent.
4) Liability Disclaimer
4.1) Accuracy of Information Provided: The information contained in this website is for general information purposes only. While I endeavour to keep the information up to date and correct, I make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information contained on the website, for any purpose. Any reliance you place on such information is therefore entirely at your own risk.
4.2) Liability: In no event will I be liable for any loss or damage, indirect or consequential loss or damage, or any loss or damage whatsoever arising from the use of this website.
4.3) Through this website you are able to link to other websites which are not under my control. Ihave no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
4.4) Every effort is made to keep the website up and running smoothly. However, I take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond mycontrol.
5) Personal Ethics
5.1) I am just a regular person who takes photographs for enjoyment, and for the furtherance of a number of interests held by me and other people. Sadly I have needed at times to protect my content from others, and protect my own rights which is why this page exists. The overall theme of this document should be read as don’t push your luck. I am usually happy for images and content to be used, if you speak to me about it first.
6) Changes to this document
6.1 This document may be updated at any time. In the case of a dispute the document as it stood at the point of first contact will be taken as binding.
7.1) In the event of any incident not covered by this document, deference will be made to UK law.