Barleigh Fine Prints Site Use Agreement, Version 1, dated September 2003

1.  Definitions

1.1    In these terms and conditions, the following words and phrases carry the following meanings:

1.2    “Barleigh”, “Us”, “We”, or “ourselves” means Barleigh Graphic Design Ltd, a company incorporated in England and Wales with limited liability.  Barleigh own and operate this web site, and all content of any kind (including graphics, databases, images, and the look and feel of the site) are either owned by Barleigh or its content providers (such as contributing photographers).

1.3    “Image” refers to electronic images and also to any Prints.

1.4    “you” and “your” refers both to you, and also to any company, partnership, or other entity you are either employed by, or on whose behalf you are visiting this site. 

1.5    “Content Provider” means the photographer or anyone who has provided photographs, images or other content to us for sale through this site.

1.6    “Site” refers to the Barleigh Fine Print website (home page http://www.barleigh.com/print), which we own;

2.  Application

2.1    The employees, agents, directors and officers of Barleigh owe no obligations to you in their personal capacities.  Your only agreement is with Barleigh.

2.2    These Terms and Conditions apply to you and to everyone who uses this Site.  By entering any part of the Site, you agree, to comply with all these terms.  If you do not agree with these terms, you should leave the Site immediately

3.  How you may use the Site

3.1    We hope you enjoy visiting this Site and viewing the preview images of the various products that we have for sale.

3.2    The Site contains images and other content, such as designs, graphics, logos, and the like that are the property and copyright of Barleigh or our Content Providers.  The governing principle that applies to your use of this Site is this:  you are welcome to look at the content we have available on this Site by using a web browser, or Adobe Acrobat (where applicable), but you cannot use any of that content further than this, except for the limited purposes we set out later in these terms.  In particular, you cannot use anything available on this site for your own profit or gain.

3.3    Remember this key principle:  unless we have given you our express permission to do something in relation to this Site or its content, either in these terms, or in any separate agreement we may enter in to with you, then you cannot and must not do it.  This is referred to as the “overriding principle”.  If you break the overriding principle, or any other part of these terms, then you will be subject to the sanctions for breach that are set out in clause 8, or elsewhere, below.

3.4    Subject to the overriding principle, you are permitted to view images on the Site and to store them in your browser’s temporary cache.

4.  Other Restrictions

4.1    If you decide to purchase a Print or Prints from us, then separate terms apply to your purchase that you will need to agree to when making a purchase. However, these terms will continue to apply also to any Print sale, except insofar as they are inconsistent with the Print sale terms agreed at the time of purchase.

5.  Registration and Data Protection. 

5.1    When you register, you must provide us with certain information about yourself and any organisation for which you work.

5.2    For example, you supply us with an email address and a password.  Your email address must be genuine.  You must also ensure that you keep your password confidential, and you must not disclose it to anyone else. 

5.3    We do not disclose your data to third parties, unless required to do so by law, or in order to enforce our or our Content Providers rights.  For example, if we have reasonable grounds for suspecting an infringement of one of our Content Provider’s copyright, you agree that we may pass your details to that Content Provider or their representatives so that they can take their own action to protect their rights. 

5.4    By registering with us, you agree that we may use and process the data you provide to us for internal marketing and statistical purposes.  You also agree that we may send you from time to time details of further services, new developments, special offers and other similar information related to the products and services provided by us, or on our behalf. This is all designed to enable us to provide you with a better and more useful service.

6.  Breach of Copyright

6.1    Unauthorised use of any image or other content on this site will constitute a breach of copyright, and possibly infringement of other rights as well.  If you are in breach, then we reserve all our rights, and those of our Content Providers, to take legal action against you for all loss suffered of any kind whatsoever, including any loss of profit, and legal costs on a full indemnity basis.  Any use not expressly authorised in these terms, or in any separate agreement between us, is, by definition, unauthorised use.

7.  Update and Changes

7.1    The Site is subject to ongoing revisions and changes, including changes to the prices of Images, categories in which images are sorted, and other changes, without prior notice.

8. Errors and Omissions

8.1    We endeavour to ensure that all materials and information published on our Site are accurate. However, should an error or omission occur, we reserve the right to correct it.

9.  Indemnity

8.1    You agree to indemnify, defend, and hold us harmless against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to

(A)     A breach of this Agreement,

(B)    The use of this site and the use of any Image either alone or in combination with any other material,

(C)    Your failure to abide by any restriction regarding the use of an Image, or

(D)    Any claim by a third party related to the use of an Image, alone or in combination with any other material.

10.  Terminating accounts

10.1    When you register, you may gain various privileges that enhance your use of this site.  If we are of the opinion that you are in breach of these terms, or have acted in a manner that we consider is detrimental to the interests of the site or of ourselves, or of any third party, or if we receive a complaint to that effect, we reserve the right to cancel your registration without prior notice.

11.    Law and Jurisdiction

11.1    English law governs any dispute arising out of or in connection with these terms and conditions, and your use of this site or any of its contents.

12.    Dispute Resolution 

12.1    You and we agree to try and resolve any dispute on an amicable basis by agreement. However, if agreement is not possible, then you and we agree to submit any such dispute to the exclusive jurisdiction of the English courts.  The forum for any dispute shall be London, unless we agree to a different forum.

13.    Other matters

13.1    These terms and conditions contain all the terms agreed between you and us, except to the extent that we have entered in to any separate license agreement with you pursuant to the purchase by you of a license to use an image from this site.  If any part of this agreement is found to be unenforceable, the remainder of the agreement will not be affected and will remain in full force and effect.

14.    Updates

14.1    These terms are revised and updated from time to time.  New versions of these terms are applicable immediately. You therefore agree to check these terms on a regular basis.

Barleigh Graphic Design Ltd

September 2003

Site and contents © Copyright Barleigh Graphic Design Ltd 2008. All rights reserved.