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Terms and conditions
ESSENTIAL SHORT VERSION
Websites - commercial and non-commercial
Our royalty-free images can be used on all websites after payment of the fee.
Please also include a credit/ link to Prontopix.com.
Image use includes forums, blogs and networking such as MySpace.
Printed media, including newspapers and magazines
Images suitable for print media cost £10.
Please include a credit for Prontopix.com as the picture source.
Use can be in newspapers, magazines, newsletters and company literature... and student projects.
Other acceptable uses include PowerPoint, Word; educational projects / teaching aids; artistic reference;
greeting cards - but for personal use only, no commercial use -
PhotoShop projects; images may be manipulated and changed.
You can make a private print of any image (including the print media/news image)
so long as that print is not offered for sale
You must not:
* offer the images for sale or distribution
* claim them as your own work
* use them on merchandise which you then sell, for example greeting cards, T-shirts, mugs, placemats etc.
FULL TERMS AND CONDITIONS BELOW
WEBSITE CONDITIONS
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern the ProntoPix.com relationship with you in relation to this website.
The term "Prontopix.com" or "us" or "we" refers to the owner of the website, UKpix.com. The term "you" refers to the user or viewer of our website.
The use of this website is subject to the following terms of use
* The content of the pages of this website is for your general information and use only. It is subject to change without notice.
* Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
* Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
* This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
* All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
* Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
* From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website. We have no responsibility for the content of the linked website.
* Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Website disclaimer
The information contained in this website is for general information purposes only. The information is provided by "Prontopix.com" and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of "Prontopix.com". We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, "Prontopix.com" takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Copyright notice
This website and its content is copyright of "ProntoPix.com" - © "ProntoPix.com" 2008. All rights reserved.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following
* you may print or download to a local hard disk extracts for your personal and non-commercial use only
* you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content.
You may not transmit it or store the content in any other website - unless licensed to do so after buying web pictures - or other form of electronic retrieval system.
COPYRIGHT OF DOWNLOADED PICTURES
All pictures downloaded from ProntoPix.com remain the copyright of the photographer, ProntoPix.com and associated website UKpix.com
ROYALTY-FREE END USER LICENSE AGREEMENT - EULA
This is a legal agreement between you or your company, firm or other organisation - "you" - and Prontopix.com.
Please read this agreement carefully in its entirety before you download or use any image. By confirming the purchase of an Image or downloading an Image you have selected from this website you agree to be bound by the terms of this EULA - the "Agreement" - and the Image usage restrictions contained herein.
1.
Definitions
"Terms"
Means the terms and conditions set out in this Agreement and includes the terms contained in the Invoice. The termProntoPixs contained in the Invoice replace those in this Agreement to the extent of any inconsistency.
"Contributor"
Means the owner of the copyright in the Image
"ProntoPix"
Means prontopix.com.
"Invoice"
Means the computer-generated or pre-printed invoice provided by ProntoPix that may include, without limitation, details of the Images selected, any limitations on the Licence in addition to those specified herein, the key terms of the Licence and the corresponding price for the Licence. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.
"Image"
Means the Image you have selected and downloaded.
"Licence"
Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right ProntoPix grants to you to use the Image.
"Reproduction"
Includes any form of copying or publication of the whole or part of any Image whether by printing, slide projection or other display - whether or not to an audience, electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Image - for example, by computer, electronically, digitally by an artist or by any other means - even though the resulting image may not appear to a reasonable person to be derived from the original Image.
"Licence Fee"
Means any sum or sums payable to ProntoPix by you in respect of the Licence.
2.
Contracting parties
The parties to this contract are ProntoPix and you.
3.
Grant of rights and restrictions
1.
ProntoPix grants to you a non-exclusive and non-assignable right to Reproduce the Image on a worldwide and perpetual basis solely as part of the following - or as otherwise agreed in writing by ProntoPix
1. advertising and promotional materials - including packaging
2. online or other electronic distribution systems (including web page design, but subject to clause 3.8) up to a maximum resolution of 72 dpi
3. broadcasts or theatrical exhibition
4. any products (including for-sale products) or publications (electronic or print), subject to clause 3.8; and/or
5. materials for personal, non-commercial use and test or sample use, including comps and layouts. Please note, not all of ProntoPix’s Images have Releases. It is your responsibility to check that all necessary Releases have been secured - see clause 8.3 below.
2.
You may alter, crop, manipulate and create derivative works from the Image.
3.
The Image(s) may be shared by creating an image library, network configuration or other similar arrangement so long as no more than ten (10) individuals employed by the same entity have access to the Image(s) This is not a "simultaneous users licence", in other words you may not have more than ten (10) specific people access the Image(s) even if only ten (10) people are accessing the Image(s) at any particular time. For the Image(s) to be used by more than ten (10) individuals you must first contact ProntoPix to negotiate an extension of the Licence.
4.
If you are an intermediary (for example an advertising agency) you may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but you may sub-license an Image as part of a derivative work (for example an advertisement) to your clients. Should your clients wish to incorporate the Image in their own work they should contact ProntoPix to purchase a licence.
5.
The Image(s) as stored by you must retain the copyright symbol, the name of ProntoPix.com, the Image(s)’ identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Image(s).
6.
The Image(s) may not be distributed by a mobile phone device in a way that would allow any third party to download, extract or access the Image(s) as a standalone file.
7.
You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.
8.
The Image(s) may not be sublicensed, resold or otherwise made available for downloading, use or distribution separately. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, your customers may be provided with copies of the Image(s) as an integral part of work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately.
9.
If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or (ii) if the depiction of the model in the Image would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the Image is being used for illustrative purposes only.
10.
ProntoPix may at any time hereafter notify you that certain Images are no longer available for use under this Agreement and upon such notification the Licence shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at ProntoPix’s discretion, the replacement of such recalled Image with another Image or refund of the Licence Fee to the extent attributable to such recalled Image.
11.
ProntoPix does not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s).
12.
You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.
13.
You must abide by any restriction on use notified to you by ProntoPix before, after or at the time of delivery of the Image(s), either in the information accompanying the Image(s), the Invoice or otherwise.
14.
ProntoPix, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Image(s) to ensure that the Image(s) are being used in accordance with this Agreement.
4.
Copyright issues
No ownership or copyright in any Image shall pass to you by the issue of the Licence. Unless otherwise agreed in writing, if any Image is reproduced by you for editorial purposes (i.e., for any non-promotional purpose) you must include the credit line "(Photographer’s or Agency’s name)/ProntoPix", or any other credit line specified by ProntoPix. If a credit line is omitted then an additional fee equal to thirty percent (30%) of the original amount invoiced attributable to the Image in question shall be payable by you.
5.
Warranty and limitation of liability
1.
ProntoPix guarantees that should any Image have defects in material or workmanship and these are notified in writing to ProntoPix within thirty (30) days from the date of delivery of the Image then ProntoPix will either replace the Image with another digital copy of the Image free from defect or refund the Licence Fee paid by you to the extent attributable to the defective Image, at ProntoPix’s option.
2.
ProntoPix makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither ProntoPix nor its contributors shall be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of ProntoPix, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if ProntoPix has been advised of the possibility of such damages, costs or losses. ProntoPix’s maximum liability arising out of or in connection with your use of or inability to use the Image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to five (5) times the value paid by you for the relevant Image.
3.
The terms of clause 5.ii shall not preclude any liability or claim for death or bodily injury or any claim arising from wilful default or gross negligence on the part of ProntoPix or any of its employees, agents or otherwise. Each provision of clause 5.ii is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and shall remain in force notwithstanding the termination of this Agreement.
6.
Payment
No Reproduction of any Image is authorised until payment in full has been received by ProntoPix. Any Reproduction by you or on your behalf prior to payment being received by ProntoPix constitutes a breach of this Agreement which entitles ProntoPix immediately to terminate this Agreement and further constitutes an infringement of copyright.
7.
Indemnity
You agree to indemnify and hold ProntoPix and its Contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any Image supplied to you by ProntoPix, on behalf of the Contributor, or any other breach by you of any of your obligations under this Agreement.
8.
Release information
1.
ProntoPix gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).
2.
ProntoPix gives no representations or warranties whatsoever with respect to the use of names, trade marks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Image.
3.
You must satisfy yourself that all Releases as may be required for Reproduction of the Image(s) have been secured. You are solely responsible for obtaining all such Releases and the Licence is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Image usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by ProntoPix employees or representatives save as set out in this Agreement.
9.
Licence fee
Use of an Image in a manner not specifically authorised under the terms set out in the Invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright.
10.
Licence cancellation
Provided you have not used the Image(s) you may cancel the Licence within 30 days from the date of the Invoice by sending ProntoPix an email with notification of the cancellation to the following address: sales@ProntoPix.com.
* You may cancel the Licence within ten (10) days from the date of the Invoice without charge.
* If you cancel less than thirty (30) days after the Invoice date, a cancellation fee of fifty (50%) percent of the Invoice will be charged.
* After thirty (30) days, no cancellations will be accepted and the full amount of the invoice must be paid.
Cancelling the Licence revokes an right to publish, reproduce or use the Image(s) in any manner whatsoever.
11.
Interest on overdue invoices and reasonable recovery costs
1.
Unless otherwise agreed by us in writing, all Invoices are payable by you within 30 days.
2.
If you do not make full payment of an Invoice on time we reserve the right to charge interest on the outstanding amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
12.
Condition of images
You should make sure that you examine the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Subject to clause 5.1, ProntoPix shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or its caption or in any way from its Reproduction.
13.
Downtime
Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Image(s) purchased.
14.
Miscellaneous terms
1.
The Licence will terminate immediately if you (a) enter into voluntary or compulsory liquidation, (b) have a receiver appointed or (c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
2.
No variation of any of these Terms shall be effective unless in writing and signed by ProntoPix and you. No action of ProntoPix, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that ProntoPix waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.
3.
Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.
4.
This agreement, its validity and effect, shall be interpreted under and governed by the laws of England and be subject to the exclusive jurisdiction of the English courts. If ProntoPix is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify ProntoPix in respect of all reasonable legal fees and costs incurred by ProntoPix in relation thereto.
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