TERMS & CONDITIONS Please read this and the Legal Notices carefully before completing your registration. The conditions below set out the agreement between Signs-and-Wonders.com and you (client/user) relating to your use of this website. Registering creates an implicit agreement between you (client/user) and Signs-and-Wonders.com. It implies that you have read and accepted these Terms and any Legal Notices. -- If you are a freelance researcher working on behalf of a publisher, this agreement applies to you and your principal. -- To log in, to use the website – including downloading any intermediate (zoom) images - reaffirms your agreement to abide by our Terms. If you do not accept these conditions, do not use this website, create an account or log in. These Terms apply to any search or use of the Signs-and-Wonders.com website and include images that have been downloaded from digital delivery or opened from any supplied storage media (including CD or DVD etc). You may search the database without logging in, but your view will be limited to low-resolution thumbnails. To view or download a larger image image (for research or positioning etc) you must first register your details and then log in. High-resolution images can only be supplied when ordered from your registered account. REPRODUCTION RIGHTS AND LICENCE If you wish to reproduce an image, you must inform us as to when and how an Image is intended to be used. This correspondence can be initiated when you order an image via the form provided in the Basket window. The decision to grant a licence and, if so, on what terms, is the prerogative of Signs-and-Wonders.com.No reproduction rights are granted unless expressly indicated. Your right to reproduce an image arises only if (a) licence terms have been agreed between us (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any unauthorised reproduction of any image supplied to you. Reproduction rights, when granted, unless otherwise specified in writing are: ♦ subject to these terms and conditions and any terms and conditions set out in the delivery note and licence; ♦ non-exclusive reproduction rights for single use only in the United Kingdom. A single use means a reproduction in one size for one edition of a single publication, published in one language only; ♦ strictly limited to the use, period of time and territory stated in the licence; ♦ personal to you (client/user) and not assignable by you to any third party. You may NOT license the use of any image to any third party. ♦ and you agree to indemnify us in respect of any claims, damages, costs or expenses we incur arising from the misuse of any image supplied to you. Any licence 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 & Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to Signs-and-Wonders.com and any further exploitation of the image/s shall constitute an infringement of copyright. IMAGE CREDITSIn ordering a reproduction right you also agree to ensure the proper credit is given in the publication (whether printed, electronic or any other from) in proximity to the image or its caption every time the image is used. Please see the extended captions in the intermediate/zoom/ or enlarged view window on the website for the appropriate credit information for each image. This should include the copyright symbol and any specified copyright owner. An example of the accepted form is © Ivan Mackerle / Sign-and-Wonders NB: If you fail to credit the image as per our agreement an additional 50% of the original licence fee will be payable. You must also provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image/s appears. DIGITAL USE OF IMAGESOur agreement includes your acknowledgement that our images are valuable assets, as are any digital images created from them. You may not create, store or transmit any images supplied to you by Signs-and-Wonders.com without our permission except where necessary to the process of publishing the image/s as licensed by us. This permission must be sought and granted prior to any such action on your part; to do otherwise will be considered a breach of contract. PAYMENTSYou must pay our invoice within 30 days of issue. However in the case of newspaper, periodical magazines and broadcasting use only, if we agree in advance, you may pay by the end of the calendar month immediately following publication or use, or within six months of the issue of our invoice, whichever is sooner. If you do not pay in accordance with these terms then we may at our option rescind our Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made. IMPORTANT NOTICE: Do not divulge your password to anyone else, nor permit it to be used by others. As the registered user of that password, you may be invoiced for any images that are downloaded and published (including Internet usage) without prior payment or permission. Signs-and-Wonders.com reserves the right to deactivate accounts without advance notice if it has reason to believe client security and these Terms & Conditions have been breached. Signs-and-Wonders.com images are watermarked and unauthorised use can be detected electronically. To reiterate, by downloading or opening any of our image files – including low-resolution versions - you reaffirm your agreement to these Terms. If this is not acceptable, do not proceed with any download . | |
LEGAL NOTICES OWNERSHIP OF THE WEBSITE This website – Signs-and-Wonders.com - is owned by Bob Rickard, trading as Signs-and-Wonders. The contents of this website - including text, graphics, photographs and other images - are the property of and copyright of Signs-and-Wonders.com and its content providers. The Capture picture library management system (including its programmes, code, web and hosting elements) are the copyright of Capture Ltd. The moral rights of Signs-and-Wonders.com and owners of the images represented on this site have been asserted. PROTECTION OF INTELLECTUAL PROPERTYAll elements of the Signs-and-Wonders.com website - including, the general design and the content, are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under agreement with Signs-and-Wonders.com, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of Signs-and-Wonders.com unless otherwise expressly agreed. WARRANTIES, RELEASES, LIABILITIES AND DISCLAIMERS♦ This website and its content are provided “as is” and Signs-and-Wonders.com excludes to the fullest extent permitted by applicable law any warranties, expressed or implied, of merchantability, satisfactory quality or fitness for a particular purpose. ♦ Signs-and-Wonders.com gives no representations or warranties whatsoever as to the existence of any release associated with any of its images; or with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in an image. ♦ Signs-and-Wonders.com gives no representations or warranties whatsoever, expressed or implied, as to the authenticity or veracity of the phenomena named, described or otherwise represented in any of its images and captions. ♦ You (the client/user) must satisfy yourself that all necessary rights, consents or permissions - as may be required for your reproduction of the image - have been secured and that the use of any image is not obscene, indecent, libellous or unlawful. ♦ Except as specifically stated in these Terms & Conditions or elsewhere on this website, neither Signs-and-Wonders.com nor its employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the content, whether or not we have been advised of the possibility of such damages. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. The failure of Signs-and-Wonders.com, or any of its staff or agents, to exercise or enforce any of its rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future. GOVERNING LAW AND JURISDICTIONAny agreement between Signs-and-Wonders.com and its clients and contributors is governed by the laws of England and Wales and the parties agree to submit 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. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by mediation through an approved mediation body. We reserve the right to change these Terms & Conditions, and other information on prices, licence and other terms featured on this website without notice. |