Visit Britain Images

VisitBritain Images Website Terms and Conditions of Use

ATTENTION

Before using this site, please read all the terms and conditions carefully. By accessing and using this website you are bound by the terms and conditions and if you do not agree to all of these, you must not use this website. These terms and conditions apply to your use of the website and are not altered by any other terms or agreements that you may have with VisitBritain. Welcome to VisitBritain Images. Visitbritainimages.com is a website which is operated by Photolibrary Group Ltd (company No: 437 1008) of 4th Floor, Long Acre, London, WC2E 9NG (herein after referred to as ‘Photolibrary’) under licence from VisitBritain. "We/Us" means VisitBritain (incorporated as British Tourist Authority) and Photolibrary. "You" means the person or entity allowed registered access to www.visitbritainimages.com and the images herein.

Ownership of Website

1. This website is owned by VisitBritain and operated by Photolibrary. All of the content displayed or featured on the site, including, but not limited to, text, graphics, photographs, data, moving images, illustrations and software is owned by VisitBritain, its licensors or its content providers.

2. All elements of the site are protected by copyright, trade marking, moral rights and other laws relating to intellectual property rights. No part of this site, unless permitted within another agreement with VisitBritain, may be copied or retransmitted by any means.

Registration and Data

1. By registering on this site, and agreeing to the terms and conditions, you agree to provide accurate and current information, that you have the authority to agree on behalf of your organisation and that you will keep all information up to date. You accept all responsibility for all activity under your registration and account.

2. Any information that you supply will be kept on a database for purposes as registered under the Data Protection Act 1998.

Use of the Website

1. You may only use images from this website once you have completed a full registration and agreed to the non-commercial tourism related terms of use. Any other use of the images, or content of this website, is strictly forbidden.

2. 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, libellous 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.

3. We reserve the right to terminate your registration if you (a) die; (b) enter into a 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, any further exploitation of any Images shall constitute an infringement of copyright.

Disclaimer

1. This website and its contents are provided ‘as is’ and VisitBritain excludes to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. All functions within this website are not warranted to be without error or unavailable. You, not VisitBritain nor Photolibrary, assume the entire cost of all necessary servicing, repair or correction due to your use of this website.

2. VisitBritain uses all reasonable efforts to ensure that all the website contents are as accurate, correct and reliable as possible but we make no representations or warranties as to the content’s accuracy, correctness and reliability.

Miscellaneous

1. You agree to defend, indemnify and hold VisitBritain and Photolibrary, their subsidiaries and affiliates and their respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable legal fees and costs), arising out of or as a result of claims by third parties relating to your use of the website outside the scope of this Agreement or any other breach of this Agreement.

2. 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 where it will be non-exclusive. However if our business address specified overleaf is in Scotland then those terms and conditions shall be governed by the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts, such jurisdiction to be exclusive, save for the infringement of copyright where it will be non-exclusive.

User Agreement

"We/Us" means VisitBritain (incorporated as British Tourist Authority) and VisitBritain’s licensee Photolibrary (incorporated as Photolibrary Group No. 2 Limited. "You" means the person or entity allowed registered access to www.visitbritainimages.com and the images herein.

These terms and conditions apply to all users of this site and those handling any images obtained from this site. These terms supersede any terms and conditions of purchase you may have.

NO VARIATION OF THESE TERMS OR CONDITIONS SHALL BE EFFECTIVE UNLESS AGREED IN WRITING.

"Image" means any digital item which may be offered for the purposes of reproduction.

Supply of Images

1. By registering and using a login and password to access and download images on this site you are entering into a binding agreement between you and us. If you are a freelance researcher working on behalf of a publisher this agreement applies to you and your principal. If you do not wish to be bound by this agreement please e-mail us to that effect within 24 hours and we shall delete your username and password so that you cannot access the database. Downloading of any material using your username and password will be deemed acceptance of these terms and conditions.

2. All images and information provided on this site are the property and copyright of VisitBritain or our suppliers. The moral rights of VisitBritain and all authors of the works represented on this site have been asserted.

3. You may download/save low-resolution "watermarked" images from this site for evaluation and comp/layout purposes only. You may NOT use watermarked images in any final products for distribution in printed or electronic format either inside or outside your company without prior written permission from us. You may not modify or remove any visible or invisible electronic watermark. You may not redistribute or sublicense any image supplied by us or downloaded from this site.

4. If you wish to download unwatermarked layout and/or high-resolution images you must provide accurate information during our registration process. Your registration is personal to you and you are responsible for protecting the confidentiality of your Login and Password details. You may not allow others to use your login and password to access this site and you agree to take all reasonable steps to prevent unauthorised access. You will be held responsible for any infringement arising from downloads of material from this site by third parties using your login details with or without your permission. Upon completion of our registration process you may use copies of the Images on this site subject to these terms and conditions.

5. You must adhere to any stipulations or restrictions that may be attached to downloaded Images (in the IPTC information fields, readable using Adobe Photoshop's "File Info" and other types of software). These may include such warnings as "Editorial Use Only". In such a case the use of the Image for a non-Editorial purpose (e.g. advertising) is not permitted and by accepting our terms you undertake to indemnify us and our suppliers against any legal action or other costs which may result from such unauthorised use.

Use of Images

6. The reproduction by whatever means of the whole or any part of any Image (including, without limitation, slide projection, artist's reference, artist's illustration, layout or presentation of Images) is strictly forbidden for any commercial or non-tourism related purpose.

7. In the event that you utilize any image in a commercial or non-tourism related way that is not allowed by these terms and Conditions, we reserves the right to seek damages through legal channels unless you agree to reimburse us, as liquidated damages, a sum equal to five (5) times the market value price charged under normal stock photography rates as charged on www.britainonview.com.

If you fail to make the payment as outlined above, within five (5) days of us invoicing such fee, this liquidated damage provision shall be void and we reserves the right to sue for copyright infringement, including legal fees and all associated costs.

8. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any Image supplied to you.

9. 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, libellous 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.

10. Reproduction rights unless otherwise agreed in writing are
a) subject to these terms and conditions and any other terms and conditions set out in the delivery of the images.
b) non-exclusive reproduction rights for single use only. A single use means reproduction in one size for one edition of a single publication, published in one language only.
c) personal to you and not assignable by you to any third party.

11. If we agree that you may license the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author

12. You must credit VisitBritain and the author if specified by us when an Image is used. If you fail to credit the Image a licence fee will be payable.

13. Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.

14. You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.

15. For any editorial uses, you may not reproduce any images from this site for any negative tourism related articles. This is at our discretion and in this event, we reserve the right to revoke your user registration.

16. If any Image featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, you must accompany each such use with a conspicuous statement that indicates that the person is a model and the Image is being used for illustrative purposes only.
These requirements are without prejudice to your obligations regarding use of the Images contained elsewhere throughout this Agreement.

Digital Use of Images

17. You acknowledge that Images are VisitBritain’s valuable property, as are any digital images created from the Images ("Digital images").

18. 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:

19. 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.

20. Unless otherwise agreed, any Digital Image you create must not be greater in size than 640x480 pixels, 72ppi. Any use of the Digital Images shall be in a format designed so that it will not be possible to alter, manipulate, or adapt any Digital Image in any way during the normal course of using the product.

21. You agree to destroy all Digital images including any pre-press or pre-production copies of the Images and any copies or records of the images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, whichever is later.

Miscellaneous

22. 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.

23. Any registration will terminate immediately if you (a) die; (b) enter into a 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 to us and any further exploitation of any Image shall constitute an infringement of copyright.

24. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in us and you hereby assign all such rights arising to us.

25. Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

26. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the British Photographers' Liaison Committee.

27. 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. However if our business address specified overleaf is in Scotland then those terms and conditions shall be governed by the laws of Scotland and the parties agree to submit to the jurisdiction of the Scottish courts, such jurisdiction to be exclusive, save for the infringement of copyright or non-payment of our invoices where it will be non-exclusive.