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Terms & Conditions
Please read these terms and conditions carefully before using this website. Using this website indicates that you accept these terms. By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.
CUMBRIA PICTURE LIBRARY LICENCE AGREEMENT
DEFINITIONS
You, Your: means you personally, your employer if acting on their behalf, your agents if acting on your behalf. Us, We: means Cumbria Picture Library, Tony Riley, contributing content authors.
Content: means any digital image, file or print acquired from or through this website.
We hereby grant you subject to the prohibitions of use (below) a perpetual, worldwide, non-exclusive, non-transferable licence to use our lawfully obtained Content for the following permitted uses:
Public advertising, promotional, personal or entertainment use in printed material where not for resale or licence or other transfer of rights.
Public advertising, promotional, personal or entertainment use electronically provided that the Content acquired from this website is reproduced no larger than 1024 x 1024 pixels.
Other uses by written agreement with us.
MODEL AND PROPERTY RELEASES
Cumbria Picture Library gives no representations or warranties whatsoever as to the existence of any Release associated with the image.
You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of the Image have been secured.
USING IMAGES
ThIs Licence to Use comes into effect from the date of payment of the relevant invoice(s) or other form of charge. No use may be made of the Photographs before payment in full of the relevant invoice(s) or other form of charge without the Photographer's express permission. Any permission which may be given for prior use will automatically be revoked if full payment is not made by the due date or if you are put into receivership or liquidation. The Licence only applies to you and its benefit shall not be assigned to any third party without the Photographer's permission. Accordingly, even where any form of 'all media' Licence is granted, the photographer's permission must be obtained before any use of the Photographs for other purposes eg use in relation to another product or sub licensing through a photo library. Permission to use the Photographs for purposes outside the terms of the Licence will normally be granted upon payment of a further fee, which must be mutually agreed (and paid in full) before such further use. Unless otherwise agreed in writing, all further Licences in respect of the Photographs will be subject to these terms and conditions.
Your ability to access an Image does not in itself entitle you to use the image.
PROHIBITIONS ON USE
You are the End User, and as such prohibited from re-selling, licensing or otherwise transferring rights of the Content either on its own or as part of a surrounding work or template.
You are prohibited from using the Content in any illegal or inappropriate way as defined by either the laws of England and, or the laws governing you.
Installation or storage on any electronic network device accessible to anyone other than you is prohibited.
Without limitation, Images may not be utilised -
as a trademark or service mark
for any unlawful purpose or use
to defame any person, or to violate any person’s right of privacy or publicity
for any pornographic use
to infringe upon any copyright, trade name, trademark or service mark of any person or entity
to support any political or religious cause
in any way which may be defamatory or reasonably anticipated to compromise the reputation of Cumbria Picture Library
to imply that Cumbria Picture Library uses or approves or endorses any cause or commercial commodity
When you licence an Image from Cumbria Picture Library, you acquire from Cumbria Picture Library only the limited right to reproduce that Image as agreed when you confirm specific usage details before downloading.
However, to use the Image you may need the permission of the owners of places and things or the artist or his/her estate or agency who may have rights in the material. It is your responsibility to licence these additional rights from the proper right owners.
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 Cumbria Picture Library and you relating to your use of this website.
DISCLAIMERS
This website and its Content are provided “as is” and Cumbria Picture Library 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 Cumbria Picture Library, 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 Cumbria Picture Library nor its directors, employees, licensor, 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.
Cumbria Picture Library 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.
ELECTRONIC STORAGE
Save for the purposes of reproduction for the licensed use(s), the Photographs may not be stored in any form of electronic medium without the written permission of the Photographer.
MANIPULATION OF THE IMAGE AND PART-IMAGE USE
Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.
You may not, without our permission, add to, splice, merge, alter, manipulate or adapt any digital Image so as to make it materially different to the picture from which it is derived.
PERMITTED DERIVATIVE WORK
In the case that you have modified or transformed the Content in such a way that it constitutes an original work entitling you copyright protection under applicable law, and to the extent that the original Content is not recognisable or capable of being extracted or accessed by third parties, then the prohibitions of use will no longer apply. In the event of dispute arising in regard to derivative works based on the Content you undertake to indemnify us against costs we may incur in resolving any such dispute either through legal or informal procedure.
If you wish to alter, manipulate or adapt a digital Image you must first obtain our specific approval, and in addition you may not use any altered, manipulated or adapted digital Image as part of the Service unless and until the we have approved use of the digital Image concerned in its altered, manipulated or adapted form.
METADATA
When using Cumbria Picture Library Images you may not make or permit any modifications to or alterations of the Images (except standard colour correction) or to the metadata unless specifically agreed in writing by us.
You agree to ensure that each reproduction or visual display of any digital image shall contain as part of the readable digital image file's metadata, our copyright notice.
INDEMNIFICATION FOR BREACH
You agree to indemnify Cumbria Picture Library against any losses, expenses, costs or damages howsoever incurred as a result of your breach of the Terms of this Agreement or your unauthorised use of the Content and related rights.
The Service shall be created and configured in such a way that it must not be possible to alter, manipulate or adapt any digital image or any copy thereof in the normal course of accessing and using the Service.
RESTRICTIONS ON LICENCE
This licence is granted on the basis of allowing the making and incorporation of digital images into the Service once during the agreed term of use and for the purposes of the Authorised Exploitation only.
Incorporation of Digital Images in any other product or service or any other use or exploitation whatsoever (including, without limitation, inclusion in any other network or on-line service) is not included in the scope of this Agreement and an additional licence will be required and additional fees will be payable.
You shall not store or include any digital images on any database, product incorporating a database or similar information retrieval system which is not controlled by the you or a service provider.
EXTENSION OF LICENCE
if during the Term the Client wishes to be granted a licence to use any picture not specified in Schedule or wishes the licence granted by this Agreement to be extended, the procedure set out below shall be followed:
the Client shall submit a completed Request;
In the event that the Supplier agrees to grant such a licence or extension, the Request shall be returned to the Client by the Supplier with, if appropriate, a copy of any relevant Picture; the terms of this Agreement shall apply to the new or extended licence, subject to any additional conditions or restrictions set out on the returned Request by the Supplier or any variation of the terms of this Agreement which shall also be so set out in the returned Request (and in the event of any inconsistency between the terms set out in the returned Request and the terms of this Agreement, the terms set out in the Request shall prevail); any new or varied terms shall be deemed accepted by the Client [within 48 hours of the return of the Request or upon the first use of the Picture (whichever shall first occur)] and the new or extended licence shall be deemed to commence at the same time;
(e) additional fees may be payable and shall be as set out in the returned Request.
For the avoidance of doubt nothing in above shall be construed as requiring the Supplier to grant any such additional licence or extension.
ANTI PIRACY
The Client will provide any information reasonably requested by the Supplier regarding anti-piracy measures.
The Client shall comply with any reasonable request from the Supplier in connection with restricting any unauthorised use of a Digital Image and, in particular, preventing End Users from downloading, adapting, copying or otherwise altering any Digital Image other than as expressly licensed hereunder.
LICENCE FEES AND PAYMENT
Licence fees are provided online as part of the ordering process on the website.
In the event that the Client wishes to change, extend or vary the nature of the Authorised Exploitation, an additional licence shall be required and additional fees may be payable. If applicable Value Added Tax shall be payable on the fees specified above and shall be paid within 30 days of the issue of a valid tax invoice by the Supplier therefor.
Without prejudice to any other right or remedy the Supplier may charge interest on all sums outstanding beyond the date on which they are due for payment under this Agreement from the date payment was due until the date of payment (and before as well as after judgement) at the rate of 2% per annum above the base rate of [insert name of Supplier's bank].
PERSONAL LICENCE
This is a personal licence to the Client and neither the licence nor any rights or permissions arising under it may be assigned, transferred, sub-licensed or charged to third parties or otherwise dealt with in any way without the prior written consent of the Supplier.
The Client shall be liable for any use or exploitation of any Picture or Digital Image which is outside the scope of the terms of this licence where such use or exploitation is by someone who has been authorised by the Client or supplied (either directly or indirectly) with the Picture or Digital Image by the Client.
TERMINATION
In the event that the Client:
(a) has a winding-up petition presented against it which is not withdrawn within 28 days or enters into voluntary or compulsory liquidation or has a receiver or administrator appointed over all or any part of its undertaking or assets or enters into any voluntary arrangement or composition with its creditors or is deemed to be insolvent under the terms of any applicable legislation or suffers any similar event of insolvency under any jurisdiction in any part of the Territory; or
(b) fails to perform its obligations under this Agreement or is in breach of any terms of this Agreement and fails to remedy such breach (insofar as the same is capable of being remedied) within 30 days of being notified of such breach by the Supplier; then without prejudice to the Supplier's other accrued rights, the Supplier shall be entitled to terminate this Agreement forthwith upon written notice to the Client.
Without prejudice to any accrued rights of either party, this Agreement shall come to an end automatically at the end of the Term, unless renewed by express agreement between the parties (and in such event it shall continue on the same terms unless or until new terms are agreed between the parties).
EFFECTS OF TERMINATION
In the event of termination or expiry of this Agreement (for whatever reason):
(a) all rights granted hereunder shall revert to the Supplier and any further exploitation of the Picture or any Digital Image or other reproduction of the Picture or the Service (insofar as it incorporates or allows access to any Digital Image) shall, without prejudice to any other rights of the Supplier, constitute an infringement of copyright; and
(b) the Client shall cease to use or allow access to or use of any Digital Images (whether as part of the Service or otherwise) and shall promptly remove from the Service all Digital Images and shall destroy (in such manner that they cannot be recovered) all Digital Images in its possession or control. Liability, save in respect of any liability which cannot by law be excluded or limited, and subject to the other provisions of clause 11, the Supplier's liability for any loss or damage arising under or in relation to this Agreement or the licensing of any Picture (whether such liability arises in breach of contract, negligence or otherwise) shall not in respect of each event exceed the amount paid or payable by the Client for the licensing of the Picture in relation to which the loss or damage arises or [£ insert reasonable amount], whichever is the greater, and provided that if more than one event gives rise to substantially the same loss or damage then all such events shall for the purposes of this clause be treated as one.
Unless otherwise stated in this Agreement, the Supplier does not offer any licence to the Client in respect of the use by the Client of names or trademarks depicted in any Picture and no warranty, condition or term is implied in relation to such names or trademarks. In the event that the Supplier is held liable in respect of any use by the Client of such names or trademarks then, with the exception of any liability which cannot by applicable law be excluded or limited, the Supplier's liability shall be limited to an amount equal to the licence fees paid by the Client under this Agreement.
Subject to any liability which cannot by applicable law be excluded, the Supplier accepts no liability for any indirect or consequential loss or damage (however arising), including loss of profits, loss of sales, loss of turnover, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data or loss of time on the part of management or other staff.
MORAL RIGHTS
Nothing in this Agreement shall prejudice or act as any waiver or consent in relation to any moral rights in the Pictures subsisting or arising under the Copyright, Designs and Patents Act 1988 or any other similar legislation now or at any time in force anywhere in the world;
MISCELLANEOUS
The Client and Supplier will promptly notify each other of any infringements by End Users of the Picture or Digital Image which may come to its attention and will provide each other with all information which may be of assistance in any resultant litigation.
Upon request by the Supplier, the Client will allow the Supplier to have access to and use the Service without payment of any fee.
The provisions of Section 56 of the Copyright, Designs and Patents Act 1988 are hereby expressly excluded insofar as they may otherwise apply.
Nothing herein shall constitute or be construed as constituting a partnership or joint venture between the parties.