Terms and Conditions

As professional image users, while we recognize Terms of Service (TOS) and Licensing Rights are provided to help make informed business decisions, of equal importance to INDIESTOCK is that the dignity and integrity of subjects portrayed in Rodney Rascona's photographs and film be maintained. INDIESTOCK represents exclusively, images from one professional Photographer / Film Director Rodney Rascona – that you recognize the Content on this site is personal and that you agree to use these images in a truthful manner. The photographs presented on INDIESTOCK were created on locations across the planet on assignment, predominately in support of relief and development programs, and the development professionals tasked with raising awareness to serious challenges needing serious solutions across the globe. Thank you for considering Rodney's work at INDIESTOCK. We will do all we can to assist the professional creative community with quality photography, film and story. If you need help with the Terms of Service outlined below, please email us at INFO@INDIESTOCK.CO.UK. and we will be happy to assist you directly.

TOS

This website is owned and operated by RODNEY RASCONA/INDIESTOCK. All of the Content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, film ("Content"), is owned by RODNEY RASCONA/INDIESTOCK. The original AUTHOR and copyright holder to all Content on the INDIESTOCK site is RODNEY RASCONA. All elements of this website, including, but not limited to, the general design and the Content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with RODNEY RASCONA/INDIESTOCK, no portion or element of this website or its Content, may be manipulated, altered, copied or retransmitted via any means and this website, its Content to include but not limited to, photographs, video, voice or sound, with all related rights remains the exclusive property of RODNEY RASCONA/INDIESTOCK unless otherwise expressly agreed to under license.

Indemnification for Breach

You agree to indemnify RODNEY RASCONA/INDIESTOCK against any losses, expenses, costs of damages howsoever incurred as a result of your breach of the Terms of this Agreement or your unauthorized use of the Content and related rights.

Email

The information you supply on the registration form will be kept on a database for purposes as registered under the Data Protection Act. If you authorise us to send you promotional materials, we may do so using either the email or the mailing addresses you have provided on the registration screens. From time to time we may notify you of new images that are now available for license, assignments soon to be produced, services and or other information that may interest you. We will not send you information if you expressly inform us you do not wish to receive such materials. If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may contact us to request an update of the information in the "Your account" section of this website.

Disclaimers

This website and its content are provided "as is" and RODNEY RASCONA/INDIESTOCK excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, this website are not warranted to be uninterrupted or without error. You, not RODNEY RASCONA/INDIESTOCK, assume the entire cost of all necessary servicing, repair or correction due to your use of this website. Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither RODNEY RASCONA/INDIESTOCK, nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. RODNEY RASCONA/INDIESTOCK uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

Governing Law and Jurisdiction

This agreement is governed by the laws of the UNITED KINGDOM whose courts are the courts of exclusive jurisdiction. This agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded. We reserve the right to change these Terms and Conditions, prices and other information and available contractual licence terms featured on this website without notice. These conditions set out the entire agreement between RODNEY RASCONA/INDIESTOCK and you relating to your use of this website. No action of RODNEY RASCONA/INDIESTOCK, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these Terms or Security & Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Image Use – General

As a baseline, images on INDIESTOCK are offered for editorial use. For additional usage, such as for advertising, print design or national marketing and communications campaigns, contact us and we'll do our best to assist you with traditional usage rights to accommodate your needs.

Image Use – Comp Access

INDIESTOCK understands your need to access images for your design, for comping purposes or as FPOs. Images may be utilized by downloading directly from the Preview Page, made available to creative professionals without fee.

Image Use – Protection

The images on INDIESTOCK are meant to be used by creative professionals, both agency and client direct – especially focused on those working in the NGO/GOV/CHARITY sectors – confirming the importance of ensuring that the dignity of the subject/s within an image be maintained and protected. Specifically you accept to ensure that use of the image will be in a lawful manner, to not exploit nor use the image in a negative context, subtly or overtly, in support of an untruthful editorial or MARCOMM testimonial – contrary to the original intent of the image by its AUTHOR, Rodney Rascona. To help monitor this, after the communication vehicle comes to life, using INDIESTOCK work, please supply online links to support confirmation of use.

Image Use – Sensitive Healthcare Subjects

Be advised – that it is your responsibility to inform INDIESTOCK in writing, when an image is intended for specifically sensitive healthcare subjects. Testimonial messaging for cancer, HIV/AIDS, mental, physical challenges and or pharmaceutical MARCOMM messaging, where the image is core to a sensitive position on a medical condition – the image/subject requested will require greater review prior to licensing.

Copyright Notice

All images, film and Content presented on INDIESTOCK are protected by US/UK copyright. At no time may images be used without license, provided to cover intended reproduction use. No image, film or Content on INDIESTOCK, produced solely by Rodney Rascona, is to be misconstrued as Orphan Works nor are they in the public domain. All rights are available however fees paid do not constitute, real or implied, a transfer of Ownership.

Copyright Mark

The ©2020RASCONA/INDIESTOCK copyright mark is to accompany all placements of the image regardless of media. If the copyright mark has been removed or omitted, an additional 100% will be invoiced in additional fees. This is not meant to be punitive, however in a global community where images are vulnerable and regularly stolen, it's important to protect the image, the AUTHOR and equally as our client your licensed use.

Fair Trade

INDIESTOCK believes and trades in a "Fair and Equitable" manner when negotiating the use of an image. The process has to respect both the clients aesthetic and budgetary needs, to be equitable, as well as providing fair compensation for the creators efforts in bringing these images to you. In assessing appropriate fees, development and relief images are not similar to walking into a store and buying a pair of trainers, nor selecting images made at the local park. This is important when negotiating fees that you're mindful that Rodney's images are personal. They've come to life after his being placed at times in unsafe environments, enduring physical and emotionally etched experiences. His work is offered for the first time on INDIESTOCK, not as a sales person moving a product, but as a dedicated professional producing poignant images – to help raise awareness to social challenges in the developing world community.

Refund Policy

Before purchasing from INDIESTOCK, its understood and accepted that irrespective if you purchase a simple, Non-Exclusive One Time license or an Unlimited Exclusive license – INDIESTOCK will protect your RIGHT TO USE the image requested. However you are not required, as part of your purchase agreement with INDIESTOCK, to use the image. This is your choice. Be aware that if you elect to NOT RUN the image, this is your prerogative. However under no circumstances will a refund be granted once the sale is final.

Updates

Terms and conditions may be subject to change. If our terms change, we will update this page and we will notify our members via this website.