PLEASE READ THIS CAREFULLY BEFORE USING THE WEBSITE AND ORDERING ANY IMAGES
FROM US
You should read the whole of this agreement and once you have read this agreement
you should either close this window and tick the terms & conditions acceptance
box (where relevant) to stipulate acceptance of these terms or close this window
and discontinue using the site. These terms apply to the sale and use of single
images and collections of images and the purchase of the CD Rom containing images
for sale by Image Source Limited. In the case of purchaser of the CD Rom breaking
the seal on the CD Rom indicates your acceptance of these terms. If you do not
accept or understand the terms you should promptly return the unopened and unused
CD Rom package to Image Source Limited for a full refund.
If you click Accept you agree to be bound by the following terms and conditions.
1. Ownership of the Site and the Images
This website is owned and operated by Image Source Limited ("Image Source").
The contents and all materials featured and displayed on the website are either
owned by Image Source or used with permission from the copyright owners and
content providers of material on the website. The content of this website is
owned by Image Source and includes, but is not limited to, all of the text,
graphics, photographs, images, moving images, sound, illustrations and all software.
All elements of the Image Source website and the Images are protected by relevant
intellectual property rights and laws throughout the world including laws relating
to copyright, moral rights, trademarks and other laws. Unless expressly permitted
under this Agreement you may not copy, transmit or retransmit or store any part
of or the whole of this website via any means.
2. Information about you
Whilst Image Source fully respects any rights of privacy which you may have
we set out below our policy in regards to any information which you provide
to us:-
In order to fulfil your orders or to provide any services to you as our customer
we will require you to provide us with certain information. This information
may include a contact name and company name, your address, telephone number,
fax and e-mail details as well as credit card numbers. If you provide this information
to us you are agreeing to allow us to use that information to complete any transactions
which you request from us. You acknowledge and agree that such information may,
because of the very nature of the Internet, pass through a number of jurisdictions
and countries and you agree to that happening.
3. Grant of Licence
Under copyright law you are not permitted to use any of the material or information
or other content of this website without our permission. You are also not entitled
to reproduce or use in any way the contents of the collection of photographs
and images which you may order from us ("the Images") in whatever
form the Images are provided (whether downloaded by you, delivered by us to
you on a CD Rom or otherwise) for a fee specified in the website order form.
In consideration of your agreement to the terms of this Agreement and the payment
by you of the fees referred to you, the individual or entity whose name and
address appears on the order for the Images, have the non-exclusive right to
use the Images in limited applications as set out below.
3.2 You are permitted to:-
3.2.1. Use and modify the Images subject to the restrictions contained in this
agreement. You may not copy, rent, transfer or grant any rights to the Images
or any compilation, derivative or other work containing the Images to any other
person or organisation without our prior written consent. You may not use the
product on more than twenty workstations or computers at a time nor on a network
or multi user system. You may use the Images only on computers which are under
your control and you may transfer the Images from one computer to another as
long as the Images are not used on more than twenty computers at any one time.
You may use the Images for your personal use or in your business or profession
but you may not transfer the Images on a permanent basis to another person unless
such transfer takes place within the scope of the terms of this agreement.
3.2.2 Use the images as follows: in comps, layouts for presentations, rough
draft designs, storyboards, promotional and marketing materials, advertising
brochures, editorial publications, presentations for sale, distribution or other
similar uses. You may use the images in a product or publication which is produced
for sale to the public.
3.3 In addition you must:
3.3.1 Not post any Image or Images or any material or content of our website
on any other website or Internet bulletin board or load the Images online in
a downloadable format or in any format with a resolution higher than 72 DPI/600k.
3.3.2 Ensure that these images are not used in association with or to create
pornographic, defamatory or obscene images or any images or features which place
the Images in a context which is in breach of any applicable laws or regulations.
3.3.3 Not alter, delete or add to any copyright or trade marks notices or markings
inserted on the website, or the Images or any of them.
3.4 You acknowledge that the copyright in the Images and all intellectual property
rights in the Images and in this website remains at all times vested in Image
Source and you are not entitled to any copyright or other intellectual property
rights except as expressly permitted under this Agreement. You further acknowledge
that if any further copyrights or other rights arise in the Images as a result
of your manipulation or alterations of the Images then the rights in such altered
or manipulated Images shall automatically vest in Image Source and you will,
on notice from us, execute such further documentation as is necessary to vest
all such rights in Image Source. The terms of this Agreement apply to all such
altered or manipulated Images.
4 Term and Termination
4.1 The Licence granted under this agreement remains in force until terminated.
4.2 Your permission to use the Images will terminate automatically if you fail
to comply with any term of this agreement. The agreement will also terminate
without further action or notice by us if you become bankrupt, go into liquidation,
suffer or make any winding-up petition, make an arrangement with your creditors,
have an administrator, administrative receiver or receiver appointed or suffer
or file any similar action in any jurisdiction in consequence of any debt.
4.3 Upon termination of this agreement for any reason you will destroy the
Images together with any copies in any form, including copies on your hard and
back-up disks, in your possession or control. You will provide us with written
confirmation of such destruction from an authorised officer of your company
or personally from an individual. Any use of any copies of the Images after
termination of the Licence is unlawful.
5 Limited Warranty
Image Source warrants to you, as the original licensee, that:-
5.1 The Images when used properly will be usable by you; and
5.2 The media on which the Images are supplied by Image Source will be free
from defects in material and workmanship under normal use.
The entire liability of Image Source and your exclusive remedy under the warranty
given under this agreement will be, at Image Source's option, to either:-
5.3 Repair or replace the Images or the media upon which the Images are recorded
which do not conform with the warranty; or
5.4 Refund the price paid for the Images and terminate this Agreement.
This remedy is subject to the return of the Images to us by you not later than
five days after the end of thirty days from the date of your receipt of the
Images.
6 Exclusion of other Warranties
Except for the express warranties in section 5 Image Source and its suppliers
make and you receive no other warranties, conditions or representations, express
or implied, statutory or otherwise, and without limitation the implied terms
of satisfactory and merchantable quality and fitness for purpose are excluded.
Image Source does not warrant that the operation of the Images or the website
will be free or interrupted. It is your responsibility to ensure that the Images
are suitable for your needs and the entire risk as to the performance and results
of the use of the Images is assumed by you.
7 Disclaimer
7.1 In no event will either Image Source or its suppliers be liable for any
direct, indirect, consequential, incidental or special damage or loss of any
kind (including without limitation loss of profits, loss of contracts, business
interruptions, loss of or corruption of data) however caused and whether arising
under contract, tort, (including negligence), or otherwise.
7.2 If any exclusion, disclaimer or other provision contained in this agreement
is held invalid for any reason and Image Source becomes liable for loss or damage
that could otherwise be limited, such liability, whether in contract, negligence
or otherwise will not exceed the amount actually paid by you for the Images.
7.3 Image Source does not exclude or limit liability to the extent that:-
7.3.1 Death or personal injury results from an act or negligence of Image Source;
or
7.3.2 Liability arises in a jurisdiction which does not allow for the exclusion
of certain implied warranties which would otherwise be excluded under this agreement.
7.4 You acknowledge that the allocation of risk in this agreement reflects
the price paid for the Images and also the fact that it is not within our control
how and for what purposes the Images are used by you. You further acknowledge
the limitations of liability and disclaimer in this clause are reasonable as
Image Source has (i) no knowledge of the specific use to which you will put
the Images; (ii) no knowledge of the suitability of the Images to you and your
business; and (iii)provided you with the opportunity to examine the Images on
the website prior to their purchase by you from Image Source.
8 General
8.1 This agreement is the entire agreement between you and Image Source and
supersedes any other oral or written communications, agreements or representations
with respect to the terms of this agreement and the images.
8.2 If any part of this agreement is held by a court of competent jurisdiction
to be unenforceable or unreasonable the validity of the remainder of the agreement
will not be effected.
8.3 This agreement is governed by the laws of England and Wales whose courts
are the courts of exclusive jurisdiction.
8.4 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.
