envirovision picture library
Terms and conditions of website and reproduction of images
Last updated 30th November 2007
Welcome to the envirovision picture library. Please read the following terms and conditions before using this website. As use of this website implies acceptance of these terms and conditions, please discontinue using it if you do not agree to them.
Definitions
‘We’, ‘us’ and ‘our’ mean envirovision, it’s licensors and it’s content providers.
‘You’ means the person viewing this website and any of it’s images or content, or the person or entity named as the client.
‘Image’ means any photograph, picture, illustration, graphic file, presentation file or text file in the, or supplied from the envirovision picture library.
‘Content’ means the text, design, description, images and all material included in the website.
These terms form a legal agreement between you and envirovision.
Ownership and intellectual property
This website and it’s images, photographs, graphics, text and other content is owned by envirovision, it’s content providers and licensors.
All of our images, content, text and general design are protected by copyright, moral rights and intellectual property rights laws. None of this website or it’s images or other content may be copied or re-transmitted by any means, unless specifically permitted under a written agreement with us.
Indemnification in respect of breach of terms and conditions
You agree to indemnify us, our licensors and content providers against any losses, costs, damages or expenses however incurred, jointly or individually, as a consequence of your breach of these terms and conditions. This includes unauthorised use of any images or other content.
Use of this website
This website is for the sole use of those previewing the material for proposed purchase of images or other content. We reserve the right to suspend access to any part of our website at our sole discretion.
Supply and use of images and content
Images and other content belong to envirovision, it’s content providers and licensors. Images or other content, with the exception of low resolution comp images (see below), may only be reproduced after you have agreed a licence and any special terms and paid the appropriate fee.
Any licence to reproduce images or other content is conditional upon compliance with all the terms and conditions, including those specified here, on a licence, or accompanying an invoice. Any reproduction or use of the images or other content in breach of the licence or terms and conditions, or outside the scope of the licence, shall be an infringement of copyright and other rights, and you will be liable to envirovision, it’s content providers and licensors for all losses, damages, costs and expenses incurred as a result.
Clients wishing to download Comp images must secure permission in advance and such permission may be withdrawn at any time. Comp images may only be used for internal sample layouts or proof presentations to final clients. A licence must be obtained and paid for final usage.
You may store one copy of each image for the duration of the period to which your licence relates, subject to the following conditions: (a) the creation, storage or transmisssion will be a necessary part in the licensed use of the image (b) our reference number and copyright information will be attached (c) any copies must be destroyed immediately following production or expiry of the licence term, whichever is the later.
It is your obligation to ensure that all necessary consents, permissions and rights have been obtained for an image to be reproduced for your purposes. This may include model and property releases. You must ensure that the use of any image is not indecent, obscene, libellous or unlawful. We make no representations or warranties for any releases or with regard to the use of content, logos, trademarks, copyright material, uniforms, names, people, text, designs, or works of art shown in an image and you will indemnify us and hold us harmless in respect of any claims, damages, costs, expenses or proceedings we incur as a result of the use of any supplied image.
The use of an image that could be defamatory, libellous, pornographic or otherwise unlawful is prohibited. Images of a person or people must not be used to illustrate a case study where they are represented as being the subject of the text. Images featuring a person or identifiable property may not be used in a way that is potentially offensive, unflattering or in connection with a controversial or sensitive subject, unless appropriate permissions are obtained and a statement is printed alongside saying that the person/s is/are a model and the picture is for illustrative purposes only (also see prohibited uses below). Images featuring a person or identifiable property that indicates endorsement, connection or use of a particular product or service must be subject to appropriate permissions and clearances. Please note standard model releases do not cover controversial or sensitive subjects some of which include abortion, medical issues, mental health, financial problems and sexual issues.
Without limiting the above, the following uses of our images are prohibited;
- Use for tobacco advertising and promotion.
- Use for alcohol advertising and promotion.
- Use for gambling advertising and promotion.
- Use for rights lobbying and political fanaticism.
- Use for religious fanaticism.
- Use for advertising or promotion of guns and weapons.
Licences are non transferable. Any reproduction rights granted by any licence are personal to you or your direct employer or client, and they may not be re-licensed or assigned to any third party. You must not loan, give, sell, hire, sub-license or otherwise transfer any image or part of an image to anyone. You must take reasonable steps to prevent third parties from reproducing or distributing images, including attaching a copyright symbol and credit. The copyright of images may be protected with visible and invisible watermarks. Visible watermarks are removed on purchase. Invisible watermarks and digitally attached data will remain and can be used to identify images and ownership.
The use of images to which rights have not been purchased is unethical and a breach of copyright law.
You agree to provide us with one complimentary copy (or part copy containing the relevant pages) of any published work in which the image is reproduced, within 30 days of publication.
Credits
In all publications you must credit the creator and envirovision in a suitable position, for example, C.HYETT/ENVIROVISION. Credits are specified in the metadata attached to each image. If you do not have the software to read metadata, you may use the credit: www.envirovision.co.uk.
Failure to credit will result in an additional 50% of the licence fee being payable.
Changes to images
With the exception of standard pre-production alterations such as minor cropping and sharpening, images may not be manipulated or altered without obtaining written consent in advance.
Miscellaneous
Registration
You undertake that in opening an account and using this website you are aged 18 or over, and if acting on behalf of a company or other entity, have the authority to do so.
The data you provide to create and operate your account must be accurate and you agree to update it as necessary. You also accept responsibility for your account and agree to keep your password and identity secure, and immediately notify us of any unauthorised activity on your account or other breach of security.
Termination
Immediate termination of any licence will occur if you die, enter into liquidation, have a receiver appointed, or are in breach of these terms and conditions and do not comply within 30 days of us giving you notice to comply. It is also our policy to terminate accounts for any user infringing our copyright and intellectual property rights.
On termination any rights granted shall immediately revert to us, and any further use of an image or other content will be deemed an infringement of copyright. You must stop using and delete or destroy all of our images and any copies.
Repeat downloads and licence cancellation policy
If an image fails to download properly, please try again. Purchased images from the main library are available to registered users for re-downloading, without the need to re-purchase. In the unlikely event of continued problems please contact support@envirovision.co.uk.
In the event of any other quality issues please notify us within seven days of receipt. Replacements or refunds will be decided on an individual basis. In the event of any defects to images, discs or other products, the only remedy is replacement or refund. We make no warranty as to merchantability or fitness for a particular purpose and shall not be liable to you or any other person or entity for any damages.
Providing that the image has not been used, licences may be cancelled within 28 days of the invoice date. If a licence is cancelled within 7 days there will be no charge. Thereafter a cancellation fee of 50% of the invoice amount will be charged. No cancellations will be accepted after 28 days, and the full invoice amount will be payable
In the event of cancellation all rights to reproduce, publish or use the image in any way will be revoked.
Payment
Invoices must be paid within 30 days of issue date, unless specifically agreed in writing. If payment is not made in accordance with these terms we may charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998,or terminate this agreement and recover damages.
Disclaimers
This website and all it contains is provided ‘as is’ and we make no representations or warranties as to it’s merchantability, quality, fitness for purpose, or ability to operate without interruption or error. You are responsible for any servicing or repair connected to your use of this website.
Neither envirovision, it’s content providers or licensors, will be liable for damages of any kind arising out of your use or inability to use this website or it’s content.
Any other websites, individuals, companies or organisations mentioned on or linked to this website are not controlled by us. We are not responsible for their performance or any content, or any loss suffered by you in relation to your use of such websites, individuals, companies or organisations. You waive any and all claims against envirovision regarding links to external websites or use of those websites.
We make reasonable efforts to ensure the information provided is correct, but make no representations or warranties about it’s accuracy, reliability or completeness.
The metadata associated with an image, including the key words, are designed primarily for search purposes. Professional users are obliged to use their own judgement in selecting, presenting and describing images.
General
If we do not use our rights this will not mean they are waived or that they may not be used in the future.
If any part of this agreement is rendered void or unenforceable it shall be separated from the remainder, which shall continue in force as if the void or unenforceable part had not existed.
Revision
We may revise the terms and conditions, policies, prices, information, content and licence terms at any time without notice. It is your obligation to regularly review the terms and conditions for any changes. Continuing use of the website after a change has been made signifies acceptance of the revised terms and conditions.
Laws and jurisdiction
This agreement shall be governed by the laws of England and Wales, whose courts shall have exclusive jurisdiction.