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Use
of the IMAGES 4 Limited (images-4) website indicates the acceptance of
the following terms and conditions. During the purchasing process you
will be asked to confirm that you have read and agree to comply with these
terms and conditions.
USE
OF THE IMAGES 4 LIMITED WEB SITE AND ANY PURCHASE AND CONSEQUENT DOWNLOAD OF
IMAGES CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND IMAGES-4 LIMITED.
Please
do no use this site if you do not accept these terms and conditions.
The
images-4 website and its contents are provided "as is" and images-4
excludes by applicable law any warranty, without limitation, any implied
warranties of merchantability, satisfactory quality or fitness for a particular
purpose. The functions of this website, and the materials within it are not
warranted to be uninterrupted or without error. The user must assume the entire
cost of all necessary servicing, repair or correction due to their use of this
website. Images-4 will not be liable for any damages of any kind arising from
the use of this site, including, but not limited to direct, indirect,
incidental, punitive and consequential damages.
You should note expanded file size and dimensions of each image prior to
download and satisfy yourself that the image data are suitable for your
application.
Website
ownership
This website is
owned and operated by images-4. All of the content featured or displayed on
this website, including, but not limited to, text, graphics, photographs,
images, illustrations and software ("Content"), is owned by images-4, its
licensors and its content providers. No portion or element of this website or
its Content may be copied or retransmitted via any means and this website, its
Content and all related rights shall remain the exclusive property of IMAGES 4
LIMITED or its licensors unless otherwise expressly agreed.
The images contained in the images-4 web site, other than watermarked images,
may only be used commercially once you have entered into a license agreement
and paid the license fee. Watermarked images may be used for your internal
"comps" and layouts; however, images-4 does not grant you any license to use
these Images in any final materials distributed either internally or externally
by yourself or your company, including any electronic or online system. You may
not distribute, sublicense or make available for use or distribution any
watermarked images.
You must not use
the website in any way that causes, or is likely to cause, the website or
access to it to be interrupted, damaged or impaired in any way.
You understand
that you, and not IMAGES 4 LIMITED are responsible for all electronic
communications and content sent from your computer to us and you must use the
website for lawful purposes only.
You must not use
the website for any of the following:
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for fraudulent
purposes, or in connection with a criminal offence or other unlawful activity
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to send, use or
reuse any material that is illegal, offensive, abusive, indecent, defamatory,
obscene or menacing; or in breach of copyright, trademark, confidence, privacy
or any other right; or is otherwise injurious to third parties; or
objectionable; or which consists of or contains software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings or any
"spam" to cause annoyance, inconvenience or needless anxiety
Model
and Property Releases
The property and
model release information relating to each image is supplied to images-4 by the
contributing photographer, therefore the following conditions apply;
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Images-4 gives no representations or warranties whatsoever as to the existence of any release associated with the image.
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Images-4 gives
no representations or warranties whatsoever with respect to the use of names,
trademarks, logos, uniforms, registered or copyrighted designs or works of art
depicted in the image.
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You must satisfy
yourself that all necessary rights, consents or permissions as may be required
for reproduction of the image have been secured.
Copyright
Copyright is an intellectual property right automatically afforded to a creator
for their lifetime and 70 years after their death. It gives the creator
economic rights of control for any type of reproduction of their original work.
All material in the images-4 collection consists of copyrighted images
protected by international Copyright Laws. The library acts as an authorised
agent for the copyright holder. A license must be obtained before any form of
reproduction is made, printed or otherwise.
Licensing
IMAGES 4 LIMITED
grants reproduction rights to the client by way of license, the terms of which
are, unless otherwise agreed, one-time, non-exclusive and non-transferable.
Image usage is strictly limited to the use as specified by you the client
during the purchase process where you are required to specify the period of
time, print run and territory required for a single use in one size and one
edition of a single publication. Your right to use an image arises only when
license terms are agreed and our related invoice has been paid. Reproduction
fees vary according to the reproduction rights required; check the shopping
basket facility for individual pricing.
Use of images in a manner not expressly authorized by the invoice and this
Agreement (i) may constitute an infringement of the proprietary rights of the
Licensor or a third party and (ii) may result in the Licensee incurring or
being responsible for any damages resulting from any such use, including any
damages resulting from any claims for infringement of the intellectual property
or proprietary rights of the Licensor or a third party.
The Licensor's grant of rights regarding use of images on or in a product does
not grant the Licensee the right to use that image in any manner, directly or
indirectly (such as, without limitation, in any image or illustration of such
product) in the advertising of such product unless that right is also
specifically granted.
While the Licensor makes efforts to correctly caption the subject matter of the
image, the Licensor does not warrant that such information is accurate.
You may not use, or allow anyone else to use the image to create pornographic,
libelous, obscene or defamatory material. For uses covering sensitive subjects
including, but not limited to, topics regarding sexual issues, substance abuse,
physical or mental abuse, alcohol, drugs, tobacco, HIV/AIDS or serious physical
or mental ailments, you must include a statement which indicates that the
person is a model and is used for illustrative purposes only.
Electronic
Storage
For all images
that the Licensee takes delivery via download, the Licensee must provide the
copyright symbol, the name of the Licensor and the image identification number
as part of the electronic file. In addition, the Licensee may only use a single
copy of the image on a single computer. The Licensee may only download the
image onto one (1) computer hard drive or other computer medium and may not
otherwise make, use or distribute copies of the image for any purpose except as
otherwise provided in this Agreement and the invoice. Notwithstanding the
foregoing, the Licensee shall be allowed to make one (1) backup copy for
security reasons only. The Licensee may not use the image on any storage
jukebox, network configuration or similar computer network arrangement. Upon
the expiration or earlier termination of this Agreement, the Licensee shall
promptly delete the image from its computer or other electronic storage system.
Email
If you authorise
us to send you promotional materials, we may do so using either the email or
the mailing addresses you provided on the registration or billing information
screens. From time to time we may notify you of special promotions, new
products or services, or other information that may interest you.
Should
you not wish to receive this type of information, you will be able to express
this desire by clicking on the appropriate button or checkbox when first asked
to respond to the issue, or by modifying your profile at anytime thereafter -
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 update the information in the
"Your account" section of this website.
Liability
You hereby agree to indemnify IMAGES 4 LIMITED against any costs, claims,
losses and damages (including legal fees) incurred by or awarded against IMAGES
4 LIMITED as a result of your misuse of this web site or your breach of these
terms.
This web site is provided to you free of charge, and neither IMAGES 4 LIMITED
nor any of its directors, employees, licensors, content providers, affiliates
or other representatives accept any liability to you (except in the case of
personal injury or death caused by its negligence or for fraud or as required
by law) whether in contract, tort (including negligence) or otherwise, arising
out of it in connection with this web site. IMAGES 4 LIMITED accepts no
liability for any direct, special, indirect or consequential damages, or any
other damages of whatsoever kind resulting from whatever cause through the use
of any information or materials obtained either directly or indirectly from
this web site. Your sole remedy is to discontinue using this web site.
There are links to other websites from the images-4 site; however, these are
provided for your information only and are not controlled by IMAGES 4 LIMITED.
We are not responsible for any content contained on any such website or any
loss suffered by you in relation to your use of such websites.
Distance
Selling Regulations
We are required to supply the following information prior to your concluding a
contract with us is by European Distance Selling rules and regulations This
applies only to private individuals purchasing otherwise than in the course of
a business and not to anyone buying for business purposes.
a) Supplier: The supplier of the Services is IMAGES 4 LIMITED, Company Number
5060339, VAT Reg. 847 4288 89 of Cathedral Chambers, 18-24, Campo Lane,
Sheffield, S1 2EF. Tel +44 (0)114 258 0281, email sales@images-4.com.
b) Main Characteristics of Goods and Services: On-line digital image resource.
c) Price of the Goods: as set out in the shopping basket and in these terms and
conditions.
d) Delivery Costs: None for regular service.
e). Arrangements for Payment, Delivery, and Performance: Payment on line is
made, unless otherwise agreed with us, by credit account or by credit/debit
card and the procedure is explained in the ordering procedure and in these
terms and conditions. Delivery is over the internet. In the event that the
download of a purchased image fails, you should contact images 4 so that the
image can be made available to you in a satisfactory and appropriate manner.
All orders are subject to approval and we reserve the right to reject any
order.
f) Statutory Right to Cancel Services: Under the Distance Selling rules and
regulations you have a statutory right of cancellation, subject to certain
exceptions. By submitting your order you recognize and agree that we will start
providing the Content after approval of the order. The decision to approve your
order will take place within minutes of you submitting your order. You
recognize that the commencement of the Services will cause you to lose the
statutory right you have under the Distance Selling rules and regulations to
cancel the Services.
g) Validity Period of Offer or Price: We reserve the right to increase prices
from time to time by notice to you but not after an order has been placed.
h) Minimum Duration of the Contract: Orders are simply on a one-off basis for
Content so no minimum service term applies for current Content.
i) Substitute Goods or Services: We reserve the right to modify the content or
the nature of the Services upon notice to you.
j) Information on After Sales Service and Guarantees: We do not provide any
guarantees with the supply of Content except as provided in our standard
License Agreement.
k) Details of Statutory Right to Cancel: As the supply of Content/ Services
start almost instantaneously after submission of your order, the statutory
right to cancel does not apply and you hereby consent to our providing the
Content immediately.
l) If you wish to request a refund on a purchase, please contact us at
returns@images-4.com within 7 days of the original purchase date. Images 4
Limited shall review your request which must include proof that the image was
not used and that it cannot be reproduced. Due to royalty considerations for
our providers, all purchases are considered final after 7 days. As a reminder,
there are penalties for unauthorized use of images.
Governing
Law and Jurisdiction
This agreement
is governed by the laws of England and Wales 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, the Security & Privacy Policy,
prices, information and available contractual license terms featured on this
website without notice. These conditions set out the entire agreement between
IMAGES 4 LIMITED and you relating to your use of this website.
No
action of IMAGES 4 LIMITED, 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 unenforceable, wherever possible this will not affect any
other clause and each will remain in full force and effect.
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