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Terms and Conditions
THIS SITE IS OWNED AND OPERATED BY AWL Images Limited "(AWL Images Limited", "US and OUR"). ALL IMAGES AND RELATED INFORMATIONAL MATERIALS IN ANY MEDIUM FURNISHED BY AWL Images Limited HEREUNDER, INCLUDING RELATED TEXT, CAPTIONS, OR INFORMATION (COLLECTIVELY REFERRED TO AS "IMAGES") ARE OWNED BY AWL Images Limited AND/OR OUR IMAGE PROVIDER "(CREATOR").
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS WHICH APPLY TO ALL USERS BEFORE ACCEPTING THEM AS A PRECONDITION OF USE.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU "(YOU" or the "CLIENT") AND AWL Images Limited. PLEASE READ THIS AGREEMENT "(AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE FOR REPRODUCTION. "REPRODUCTION" INCLUDES ANY FORM OF COPYING, DISPLAYING OR PUBLICATION OF THE WHOLE OR ANY PART OF ANY IMAGE MADE AVAILABLE TO YOU BY US.
BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE. BY USING THIS SITE AND/OR DOWN LOADING ANY MATERIAL YOU AGREE TO BE BOUND BY THIS AGREEMENT.
1. SUPPLY OF IMAGES FROM THE WEB SITE
a. You may download low-resolution Images from this web site to your computer desktop (or, send them by e-mail, either to yourself or to another party) for initial viewing and/or use in composites or preview layouts. These are the ONLY permissible reproduction rights granted by us to you for our low-resolution Images. Such uses of low-resolution images are free of charge but are subject to all the prohibitions set out in these Terms and Conditions.
b. Any additional reproduction rights for Images on this web site must be purchased by contacting AWL Images Limited.
c. To receive high-resolution digital copies, you may either download them directly from this web site OR have them sent to you on a CD. All deliveries of digital images are governed both by this Agreement and our Invoice/Copyright License.
d. Alternatively we can supply Images to you on transparency film (see below); all film deliveries are also subject to our Terms & Conditions as well as our Invoice/Copyright License.
e. Upon payment of our Invoice, including relevant Usage Fees, you may utilise the Images we license to you on a non-exclusive basis for the specific uses and purposes stated on our Invoice and limited by these Terms and Conditions. You do not acquire any right, title or interest in or to any of our Images including, but not limited to, any electronic reproduction or promotional rights, except as specifically set forth in our Invoice/Copyright License and these Terms and Conditions. You agree that you will not make, authorise or permit any use of the particular Image(s), plate(s), digital file(s) or other reproduction(s) made from our Images except as specified in our Invoice/Copyright License.
2. DIGITAL USE OF IMAGES
a. You acknowledge that Images are our valuable property, as are any digital images created from the Images "( Digital Images").
b. You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:
c. Each Digital Image created by you shall be recorded and labelled with the Image reference number used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
d. Unless otherwise agreed, any Digital Image you create must not be greater in size than 640x480 pixels, 72ppi. Any use of the Digital Images shall be in a format designed so that it will not be possible to alter, manipulate or adapt any Digital Image in any way during the normal course of using the product.
e. You agree to destroy all Digital Images including any pre-press or pre-production copies of the Images and any copies or records of the Images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, or expiry of the licence term, whichever is later
a. AWL Images Limited provides you with its site and images on an "as is" basis. AWL Images Limited makes no warranty, express or implied regarding any images, its site, the accuracy of any information, or any rights or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-fringement, or that the site or any services will be uninterrupted or error-free. Except for any liability which cannot by law be excluded or limited, AWL Images Limited shall not be liable to you or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the images, whether framed as a breach of warranty of merchantability or fitness for a particular purpose or noninfringement, upon any legal theory, in tort, contract, failure of essential purpose, or otherwise. in no event shall AWL Images Limited's liability for your use of any image provided hereunder exceed the amount invoiced and paid by you for the use of that image.
b. Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any Images may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by AWL Images Limited. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
c. There may be links from our web site to other web sites on the Internet; however, these web sites are not controlled by us and we are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. You waive any and all claims against us regarding the inclusion of links from the AWL Images Limited web site to outside web sites or your use of those web sites.
4. CONDITION OF DIGITAL FILES AND TRANSPARENCIES
a. If you choose to receive high-resolution Images in a digital format for Reproduction it shall be presumed by us that the Images we supply to you on CD, or downloaded by you from this web site, have been received in good, useable condition unless you notify us otherwise within 3 business days of receipt of the Image files. Electronic high resolution images that are requested but subsequently not used by the client will be charged a processing fee of 45 GBP. If you choose to receive Images for reproduction on transparency film instead of in digital format your pictures will be shipped to you with an accompanying Delivery Note listing all of the Images and it shall be presumed by us that they are received by you in good, useable condition unless you notify us to the contrary within 3 business days of receipt of the Images.
5. SUPPLY OF IMAGES IN TRANSPARENCY OR PRINTED FORMAT
a. The Images are submitted on loan at your request, on approval only. Our Delivery Note lists the Images delivered to you, which shall be deemed to have been received complete and in good condition, unless we receive notification of any discrepancy or damage within 3 business days of receipt.
b. Images belong to us. They are your responsibility from the time we despatch them until we receive them back. You are urged to take out insurance to cover the total value of the Images delivered.
c. You must pay a non-refundable service fee to cover administrative costs and despatch of Images on each submission and resubmission of Images whether or not reproduction rights are required or granted. We will deliver Images to you by the most appropriate safe method which affords proof of delivery, and may invoice you for the delivery costs.
d. "Return Date" is the date by which the Images must be returned as specified on the delivery note or licence. If no date is specified, the Return Date shall be four weeks from the date of the delivery note.
e. If you retain Images after the Return Date specified on the Delivery Note, you must pay the rental fee specified in the delivery note until we receive the Images back. Payment of the rental fee does not entitle you to retain any Image after its Return Date.
f. You must return Images to us by a safe method which affords proof of delivery. You must arrange adequate protection for Images in transit. You must enclose a delivery note detailing and totalling the returned Images and must send a copy of that note by separate post, fax or email.
g. You must immediately notify us in writing of any loss or damage. You must pay us compensation for each Image lost or damaged at the rates specified on the delivery note which are a genuine pre-estimate of the loss which we will suffer. Any Image returned without its mount or with its caption or other mount data missing or defaced, may incur a replacement charge at the rate set out in the delivery note. Payment of compensation does not entitle you to any additional rights in the material. An Image subsequently found must be returned immediately. If it is undamaged you will be credited with any compensation paid less a rental fee at the rate set out in the delivery note from the Return Date to the date the Image is returned. Such credit will never be less than 20% of any compensation paid.
LICENCE FOR USE OF ALL IMAGES SUPPLIED BY AWL Images Limited FROM THE WEB SITE OR AS TRANSPARENCIES
6. REPRODUCTION RIGHTS
a. Reproduction rights for high-resolution Images are subject to the Terms and Conditions herein and are strictly limited within our Invoice/Copyright License to the specific uses specified, together with any limitations also specified regarding the period of time during which, or territory within which, you may use our Images. Unless otherwise specified in our Invoice/Copyright License, the use we grant to you of our high-resolution Images and/or transparencies is for one-time use in a single publication, project or web site at a specified size and with Text (if any) in the language or languages specified The reproduction by whatever means of the whole or any part of any Image (including, without limitation, slide projection, artist's reference, artist's illustration, layout or presentation of Images) is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an Image is intended to be used. We will then consider whether we would wish to grant a licence and, if so, on what terms.
b. No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. Your right to reproduce an Image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any Image supplied to you.
7. MODEL RELEASES, PERMISSIONS AND CLEARANCES
a. You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libellous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Image supplied to you. The rights granted to you by AWL Images Limited do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by AWL Images Limited. AWL Images Limited makes no representations or warranties that it owns or licenses any rights nor does AWL Images Limited grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, AWL Images Limited makes no representation or warranty as to the accuracy of any information provided with the Images.
b. No valid model or other releases exist for any Image on our web site unless the existence of such releases is specified in writing by us. If AWL Images Limited erroneously advises you that an Image is model-released when it is not, AWL Images Limited's liability shall be limited to the amount you paid us for use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by AWL Images Limited is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide AWL Images Limited with proof of such releases and permissions upon request.
8. REPRODUCTION RIGHTS (IF GRANTED), ARE
a. Subject to these terms and conditions and any terms and conditions set out in the delivery note and licence,
b. Non-exclusive reproduction rights for single use only in the United Kingdom, unless another territory is specified in our Invoice/Licence Agreement. A single use means a reproduction in one size for one edition of a single publication, published in one language only,
c. Strictly limited to the use, period of time and territory stated in the licence,
d. Personal to you and not assignable by you to any third party. (If we agree that you may license the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author).
a. The Creator of the Image(s) hereby asserts his or her rights to be identified as author of the works in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
b. Our Images are protected by copyright. All rights to the Images are owned by the Creators and licensed by AWL Images Limited. A copyright and credit line must be included with the reproduction of our Images in the following format:
c. For editorial use, you agree to provide a credit line in the form "Creator's Name/AWL Images" to appear adjacent to or within the Image(s).
d. For non-editorial use, you agree to provide copyright protection by placing proper copyright notice on any use
e. You must credit us and the author as specified by us every time an Image is used. If you fail to credit the Image an additional 100% of the original licence fee will be payable.
f. Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
g. You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
a. Without limitation, Images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorised use of these Images constitutes copyright infringement and shall entitle AWL Images Limited to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of AWL Images Limited's rights or remedies in connection with any unauthorised use.
b. You may not: transfer or assign any rights to the Digital Medium or the Images; Alter or merge, in whole or in part, the Digital Medium or any Images so as to create a derivative work. Or copy or reproduce any CD that we may provide to you, nor the Image(s) it contains, or the materials that accompany it, except as specified in these Terms and Conditions and the relevant Invoice/Copyright Licence; further, you may not remove any copyright or trademark material or notice from any place where it appears on our CD, or its accompanying materials. .
a. You agree to indemnify, defend, and hold harmless AWL Images Limited against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.
b. You agree that you will not use or permit the use of our Images to defame any person or violate any person's right of privacy or publicity, for any obscene or indecent purpose, or in any other way which is illegal or unlawful. You further agree not to use or permit the use of our Images as a trade or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof. You agree to indemnify and hold us harmless against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of our Images other than in accordance with the terms of this Agreement.
12. CONDITIONS OF SALES
a. A service fee to cover administrative costs and transmission of the Images is payable by the Client on each submission and resubmission of the Images by whatever Medium. The Client shall pay for courier, express or any other special delivery arrangement requested. The Client shall also pay Value Added Tax (and any equivalent or substitute tax) on all sums payable under these Terms and Conditions. Refunds will only be given at the discretion of the company management.
b. You must pay our invoice within 30 days of issue. However in the case of newspaper, periodical and broadcasting use only, if we agree in advance, you may pay by the end of the calendar month immediately following publication or use, or within six months of the issue of our invoice, whichever is sooner.
c. If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
d. Any licence granted will terminate immediately if you (a) die, (b) enter into voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted would immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
e. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in us and you hereby assign all such rights arising to us.
f. Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
g. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the BPLC.
h. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.
i. You agree that you accept these Terms and Conditions with the full knowledge that our liability is limited and that the prices and charges payable to us have been calculated accordingly.
j. While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.
b. AWL Images Limited makes no other warranty nor agrees any other condition, representation or undertaking, either express or implied, of any nature, including as to merchantability, satisfactory quality, fitness for any particular use or compatibility with any computer or other kind of equipment. Neither AWL Images Limited nor any of its agents or employees shall be liable to any distributor or other reseller, customer, end user or other person or any indirect, incidental, special or consequential damages (including loss of profit, business, revenue, goodwill or anticipated savings) resulting from its performance or non-performance of this Agreement or the use of, or inability to use, The Content provided under this Agreement or arising (or which might be claimed) under any other cause of action or theory of claim. Moreover, the liability of AWL Images Limited its agents and employees in respect of any other cause of action (whether arising in tort, contract or otherwise and notwithstanding any negligence or other fault) shall in no event exceed the sales value of The Content.