TERMS AND CONDITIONS
THIS WEBSITE IS OWNED AND OPERATED BY PICTUREMYCITY LTD “(Picturemycity Ltd”, “US and OUR”) THESE TERMS AND CONDITIONS, TOGETHER WITH ANY AND ALL OTHER DOCUMENTS REFERRED TO HEREIN, SET OUT THE TERMS UNDER WHICH OUR GOODS ARE SOLD BY US. ALL IMAGES AND RELATED INFORMATIONAL MATERIALS HOWSOEVER USED BY PICTUREMYCITY LTD , INCLUDING RELATED TEXT, CAPTIONS, OR INFORMATION (COLLECTIVELY REFERRED TO AS “IMAGES”) ARE OWNED BY PICTUREMYCITY LTD AND/OR OUR IMAGE PROVIDER “(PHOTOGRAPHER”).
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU “(YOU” or the “CLIENT”) AND US. PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE OUR SITE OR DOWNLOAD ANY IMAGE FOR REPRODUCTION. BY WAY OF CLARIFICATION “REPRODUCTION” INCLUDES ANY FORM OF COPYING, DISPLAYING OR PUBLICATION OF THE WHOLE OR ANY PART OF ANY IMAGE MADE AVAILABLE TO YOU BY US.

PLEASE READ OUR TERMS AND ENSURE THAT YOU UNDERSTAND THEM BEFORE ORDERING ANY GOODS FROM OUR SITE. YOU WILL BE REQUIRED TO READ AND ACCEPT THESE TERMS AND CONDITIONS WHEN ORDERING GOODS BY TICKING THE BOX. IF YOU DO NOT AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO ORDER GOODS THROUGH OUR SITE. AT ALL TIMES “GOODS” SHALL MEAN THE PRODUCTS “IMAGES” SOLD BY US THROUGH OUR SITE.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU “(YOU” or the “CLIENT”) AND PICTUREMYCITY LIMITED. PLEASE READ THIS AGREEMENT “(AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE FOR REPRODUCTION. “REPRODUCTION” INCLUDES ANY FORM OF COPYING, DISPLAYING OR PUBLICATION OF THE WHOLE OR ANY PART OF ANY IMAGE MADE AVAILABLE TO YOU BY US.

1. SUPPLY OF IMAGES FROM THE SITE

a. You may download our low-resolution Images from this Site to your computer desktop (or, send them by e-mail, either to yourself or to another party) solely for initial viewing and/or use in composites or preview layouts. These are the ONLY permissible reproduction rights granted by us to you for our low-resolution Images. Such uses of the low- resolution images are supplied free of charge but are subject to all the prohibitions set out in these Terms and Conditions.

b. To receive any of our high-resolution digital copies, you will be required to purchase these from our Site and upon purchase, you will be able to download these.
c. Upon payment for the Goods, you may utilise the Images we will then license to you on an irrevocable non-exclusive basis for editorial usage. This means the Goods must be used in Media (print or digital), as a visual reference to support your article, story, critique or educational text. Please consult laws in your relevant country should you use our images for commercial usage. Commercial usage includes advertising, marketing, promotion, packaging, advertorials, and consumer or merchandising products. Should you use our images commercially you agree to fully indemnify and exonerate Picturemycity LTD and its Photographic Team from any legal ramifications and/or breaches that may occur worldwide. You do not acquire any right, title or interest in or to any of our Images (the Goods) including, but not limited to, any electronic reproduction or promotional rights, except as specifically set forth in our Invoice/Copyright License and these Terms and Conditions. You also agree that you will not make, authorise or permit any use of the particular Image(s), plate(s), digital file(s) or other reproduction(s) made from our Images except as specified in our Invoice/Copyright License.

d. Upon purchase, the license granted by us is for one Licensee (“you” and is extendable to up to 10 different users within the same working entity(i.e. company) for example in a design agency or press office. You may then have our consent to store the Images in a digital library, network configuration or similar arrangement thereby permitting the Images to be viewed by up to 30 users in accordance with these terms.
e. Our Images are sold on an “as is” basis see (10.)

2. DIGITAL USE OF OUR IMAGES AND YOUR RESPONSIBILITIES TO US

a. You acknowledge that our Goods are our valuable property, as are any digital images subsequently created from the Images upon purchase from us ( “Digital Images”).

b. You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply: each Digital Image created by you shall be recorded and labelled with the Image reference number used by us
and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
c. Upon purchase you may: use the Images licensed to you, any number of times as part of any advertising and promotional materials, packaging, multi-media including web-design, broadcasting, film/video/DVD, publishing, or materials for personal, non- commercial use.

d. You may not: omit, change or alter the copyright symbol, the name Picturemycity LTD, the name of the Photographer, identification number or any other information from the electronic file by which the Images are supplied to you or from any copies of those files.

e. You may not: increase the size of the purchased digital file.

f. You have our permission to crop, alter, digitize, electronically manipulate, retouch and enhance our images as deemed necessary.

3. OUR LIABILITY TO YOU

a. Picturemycity Ltd provides you with our Site and Images on an “as is” and “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
b. We make no warranty, express or implied regarding any Images, our Site, the accuracy of any information, or any rights or licenses under this Agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-infringement, or that the Site or any services will be operate either uninterrupted or error-free.
c. Nothing in these Terms and Conditions seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation
d.Except for any liability which cannot by law be excluded or limited, we shall not be liable to you or any other third party claiming through it for direct, indirect, incidental, special or consequential damages. In no event shall our liability for your use of any Image provided hereunder exceed the amount invoiced and paid by you for the use of that image.

e. Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and any Images may include historically and culturally important Images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are therefore solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and at no time should you rely solely on the information provided by Picturemycity Ltd. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.

f. From time to time there may be links from our site to other websites on the Internet. These websites are not controlled by us and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. As such, by accepting these Terms, you hereby waive any and all claims against us regarding the inclusion of links from our Site to outside websites and your use of those web sites.
g. Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer.

4. MODEL RELEASES, PERMISSIONS AND CLEARANCES

a. You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, infringing or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Image supplied to you. The rights granted to you by us do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to
copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to any third person. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated by us. We therefore make no representations or warranties that we own or license any rights nor do we grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, we make no representation or warranty as to the accuracy of any information provided with the Images.

b. No valid model or other releases exist for any Image on our Site unless the existence of such releases is specified in writing by us. If we erroneously advise you that an Image is model- released when it is not, our liability shall be limited to the amount you paid us for use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by us is conditioned upon you obtaining all necessary third-party rights, releases and permissions. You agree to provide us with proof of such releases and permissions upon request.

5. COPYRIGHT AND INTELLECTUAL PROPERTY

a. The Creator of the Image(s) hereby asserts his rights to be identified as author of the works in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

b. Our Images are protected by copyright. All rights to the Images are owned by the Creators and licensed by us. A copyright and credit line must be included with the reproduction of our Images in the following format:

(i) For editorial use, you agree to provide a credit line in the form

“PHOTOGRAPHERS NAME/PICTUREMYCITY.COM” to appear adjacent to or within the Image(s).

(ii) For non-editorial use, you agree to provide copyright protection by placing proper copyright notice on any use.

c. You must credit us and the author as specified by us every time an Image is used. If you fail to credit the Image an additional 100% of the original licence fee will be payable.

d. We grant our clientele full authority to crop, alter, digitize, electronically manipulate, retouch and enhance our images.

 

6. RESTRICTIONS

a. Without limitation, Images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person’s right of privacy or
publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorised use of these Images constitutes copyright infringement and shall entitle PICTUREMYCITY LTD to exercise all rights and remedies available to it, which may include an injunction preventing further use or a claim for damages.

b. You may not: Use any of the Images to promote a business that sells or licences photographic images, or otherwise competes with us in any way.

c. You may not: Sub-licence, resell or otherwise distribute the Images to third parties.

d. You may not: omit, change or alter the copyright symbol, the name Picturemycity LTD, the name of the Photographer, identification number or any other information from the electronic file by which the Images are supplied to you or from any copies of those files.

e. You may not: increase the size of the purchased digital file.

7. PAYMENT
a. Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until we dispatch your Goods we accept the following methods of payment on Our Site: Visa, American Express, Mastercard and JCB.

8. OUR CONDITIONS OF SALE

a. Any license granted will terminate immediately if you (a) die, (b) enter into voluntary or compulsory liquidation; (c) have a receiver appointed; or (d) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert back to us and any further exploitation of any Image shall constitute an infringement of our Intellectual Property Rights.

9. HOW WE USE YOUR DATA
a. All personal information that we may collect (including, but not limited to, your name, address and telephone number) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
We may use your personal information to:
i. Provide Our Goods to you;
ii. Process your Order (including payment) for the Goods; and
iii.Inform you of new products and/or services available from Us (if you opt or have previously opted to receive it). You may request that We stop sending you this information at any time.
We will not pass on your personal information to any third parties without first obtaining your express permission.
10. OTHER IMPORTANT TERMS
a. We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Agreement, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
b. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable
c. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control
d. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.
e. You agree that you accept these Terms and Conditions with the full knowledge that our liability is limited and that the prices and charges payable to us have been calculated accordingly.

f. While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.

g. We will only replace Image downloads that are sent with the errors being made on our part, e.g. the wrong size image is sent to you or charged for, or in the case of the wrong image file being sent as a downloadable file. So long as the purchaser can provide a valid proof of purchase. (Invoice Number) and makes contact with our Sales Office by writing to sales@picturemycity.com In such a rarified instance our only obligation is to make good the error, and then resend the image to you by email. The maximum time for this being up to a period of 14 working days for Picturemycity.com with no additional compensation(s) to be paid to you.

h. To avoid artist exploitation all licences are final, there are no cancellations, refunds, or credits and the purchaser waives these rights on clicking the box of consent. Should you need a bigger comping image please email sales department at:  sales@picturemycity.com

 

11. OUR PRIVACY POLICY
Our Site requires that you enter personal data, which will be used by us for the purpose of operating our business for the licensing of Image reproduction rights. As the Site user, please note that the data collected may be used and handled with automated and manual tools for this purpose. The data will only be transmitted to subjects for whom the transfer of this data is necessary. The data collected will not be subject to widespread transmission on the part of Picturemycity Ltd. By clicking the”I agree to the terms and conditions” box at the time of registration or by continuing to use our site you allow us Ltd to use your personal data.

12. CANCELLATION POLICY

All licences are final; no refunds or credits will be allowed.

13. INDEMNIFICATION

(a) You agree to indemnify and hold us harmless worldwide against all claims, loss, damage, proceedings or costs with respect to Images that have been Reproduced without effective rights, model releases, permissions, usages or consents.

(b) You agree to indemnify and hold harmless us against all claims, demands, costs, damages and related expenses, whether foreseeable or not, arising directly or indirectly in respect of any claims that the Reproduction of any Image provided to you by us infringes the intellectual property rights of a third party. For the purposes of this clause, the term “Intellectual Property Rights” shall include: copyright, database right, patents, registered designs, trademarks and service marks (whether registered or not), design right, and all similar property rights including those subsisting in any part of the world in drawings, software inventions and confidential information.

(c) In the event that you use our images for Commercial usage you agree to fully indemnify and exonerate Picturemycity LTD and its Photographic Team from any legal ramifications and/or breaches that may occur worldwide.

(d) You agree that you will not use or permit the use of our Images to defame any person or violate any person’s right of privacy or publicity, for any obscene or indecent purpose, or in any other way which is illegal or unlawful. You further agree not to use or permit the use of our Images as a trade or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof. You agree to indemnify
and hold us harmless against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of our Images other than in accordance with the terms of this Agreement.

14. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial of service attack or a distributed denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In
the event of such a breach your right to use our site will cease immediately.
15. MISCELLANEOUS

a. From time to time we may change the contents of our Terms and Conditions, Privacy Policy, prices, license terms, and other information and data; these changes will be made without prior notice to you.

b. If you wish to use the Images in a manner not permitted under these Terms and Conditions, please contact us in writing at the following email address: sales@picturemycity.com.

Copyright © Picturemycity LTD www.picturemycity.com. All rights reserved.

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