Site Use Agreement, Version 1, dated 17 June
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 “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.
1.4 “Content Provider” means the photographer
or anyone who has provided photographs, images or other content
to us for sale through this site.
1.5 “Site” refers to the Barleigh Stock
website (home page www.barleigh.com/stock),
which we own;
2. Application
2.1 The employees, agents, directors
or officers of Barleigh owe no obligations to you. 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 this 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 this Site
3.1 This 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 can 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.
3.2 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 7, or elsewhere, below.
3.3 Subject to the overriding principle,
you are permitted to use the images on this site in “comping” or
preparing draft layouts of proposed publications, but if you intend
to use any image for other or further purposes, you must first purchase
a licence for that image. You can do this by using our secure online
ordering system, or by contacting us by email or by telephone to
purchase a licence appropriate for the image you wish to use.
4. Types of License available
4.1 Images on this site fall in to just
two categories:
(A) Licensed
Images. Sometimes called rights managed, these are images that
are licensed for a specific purpose or purposes. How and where
they may be used, and for what purpose, is subject to a further
agreement at the time of purchase;
(B) Royalty Free (RF).
These are images that, generally, can be used for any legal purpose,
subject either to no time restrictions, or subject to certain time
restrictions.
4.2 Further details of the relevant license
terms are available here [link].
5. Other Restrictions
5.1 Some images may have particular additional
restrictions on their use attached to them. If this is the case,
then you must also comply with those restrictions
5.2 If you decide you want to buy an
image or images from us, then additional terms will apply, and will
be included in the license.
6. Registration and Data Protection
6.1 In order to view larger versions
of images on this site, to harvest images or buy licences to use
images, you must first register.
6.2 When you register, you must provide
us with certain information about yourself and any organisation
for which you work.
6.3 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.
6.4 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.
6.5 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.
7. Breach of Copyright
7.1 Unauthorised use of any image or
other content on this site, in breach of clause 2 of these terms,
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.
8. Model and Property releases
8.1 Unless expressly agreed, you are
to assume that none of the images on this site include any license
to depict any person, property or place in any image.
8.2 We rely upon the accuracy of information
supplied to us by our content providers. If we erroneously represent
an image to you as benefiting from a release or license of any kind,
and it turns out that this is wrong, then you agree that our maximum
liability to you is limited in accordance with paragraph 10, below.
9. Update and Changes
9.1 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.
10. Indemnity
10.1 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.
11. Terminating accounts
11.1 When you register, you 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.
12. Liability to you
12.1 You have the opportunity to view
images online and to decide for yourself whether they are suitable
for your purposes. In addition, you acknowledge that we are dependent
on our content providers in providing us with material, and we have
to rely upon their representations regarding their ownership of
copyright in those images. In these circumstances, you and we agree
that (except only for any liability that by law cannot be excluded
or limited) it is reasonable to limit our liability to you for any
loss you may suffer from the use of any images or other material
from this site to the amount you have paid to us (if any) for the
image concerned, or £250, whichever is the greater sum. You agree
not to claim for more than his amount.
13. Law and Jurisdiction
13.1 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.
14. Dispute Resolution
14.1 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.
15. Other matters
15.1 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.
16. Updates
16.1 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.
Site and contents © Copyright Barleigh Graphic Design
Ltd 2008. All rights reserved.
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