|
|
 |
|
|
|
|
|
Licensing Terms and Conditions
Please read these Terms and Conditions carefully and thoroughly and contact Mooch Images if You do not understand or accept this Agreement. If You do not accept these Terms and Conditions do not use this website.
No variation of these Terms and Conditions shall be effective unless agreed in writing.
"We" and/or "Us" means Mooch Images Limited.
"You" means the person using this website.
"Image" means any item which may be offered for the purposes of Reproduction including photographs, transparencies, negatives, artwork, painting, montage, drawing or engravings, including Digital Images.
"Reproduction" includes any form of publication or copying of the whole or part of the Image, altered or not, whether by printing, photography, slide projection, xerography, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any means whether now known or subsequently invented.
1) These Terms and Conditions apply to all users of this site and those handling any digital material obtained from this site which is www.moochimages.com or www.moochimages.co.uk .
2) By obtaining and using a Login and Password to access this site, or by downloading any Images whatsoever, You are entering into a binding agreement between You and Mooch Images Limited. Downloading of any Images whatsoever will be deemed as acceptance of these Terms and Conditions.
3) If You are working on behalf of a client, this agreement applies to You and Your principal and You warrant that You have a written agreement authorizing You to enter into this agreement on their behalf.
4) If You are an employee working on behalf of an employer, this agreement applies to You and Your employer and You warrant that You are authorized to enter into this agreement on their behalf.
5) Clicking “Confirm and purchase on account” or “Confirm and go to payment page” will be deemed as acceptance of these Terms and Conditions and an invoice will be issued. You must pay our invoice within 30 calendar days of issue.
6) All Images and information provided on this web site are the property and/or copyright of Mooch Images Limited or its suppliers. The moral rights of Mooch Images Limited and all Authors of the works represented on this site have been asserted.
7) You must provide accurate information during the registration process. You are responsible for protecting the confidentiality of Your registration details, including Your login email address and password. You may not allow others to use Your login email address and password to access this site without written permission from Mooch Images Limited, and You agree to take all reasonable steps to prevent unauthorised persons from obtaining Your login email address and password. You will be held responsible for any charges arising from downloads of material from this site by third parties using Your login email address and password, with or without Your permission.
8) You must adhere to any stipulations which may be displayed on the site or in the invoice. 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. merchandising, posters, etc.) is not permitted, and You undertake, by accepting our Terms and Conditions, to indemnify Mooch Images Limited against any legal action or other costs which may result from such an unauthorized use.
9) You may download and save low-resolution "watermarked" Images from this site for evaluation and comp or layout purposes only. You may NOT use watermarked Images in any final products for distribution in printed or electronic form either inside or outside Your company -- i.e., You may NOT use watermarked Images for making a presentation to a client -- 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.
10) 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 without our specific written permission. You must inform Us of Your proposals as to when and how an Image is intended to be used. We will then consider whether We would wish to grant a licence and, if so, on what terms.
11) No Reproduction rights are granted by virtue of the download of Images unless expressly agreed in advance. Your right to reproduce an Image arises only if (a) licence terms are agreed and (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 Reproduction of any Image supplied to You.
12) You must satisfy Yourself that all necessary rights, model releases, property releases or consents 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 must satisfy Yourself 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.
13) Reproduction rights (if granted) for Rights Managed Images, unless otherwise agreed in writing are (a) subject to these Terms and Conditions and any Terms and Conditions set out in the invoice; (b) non-exclusive, non-sublicensable and non-assignable rights to Reproduce the Images solely in the manner and for the purposes set out in the Invoice.
14) Reproduction rights (if granted) for Royalty Free Images, unless otherwise agreed in writing are (a) subject to these Terms and Conditions and any Terms and Conditions set out in the invoice; (b) non-exclusive and non-assignable on a worldwide and perpetual basis solely as part of the following (or as otherwise agreed in writing by Mooch Images Limited):
i) promotional, advertising and packaging materials,
ii) online or other electronic distribution systems (including web page design) up to a maximum resolution of 72 dpi,
iii) broadcasts or theatrical exhibition,
iv) any publications (print or electronic) or products (including for-sale products),
v) materials for test or sample use and personal, non-commercial use, including layouts and comps. It is Your duty to verify that all necessary Releases have been obtained (see clause 12).
15) Reproduction rights (if granted) for Images may be exercised by Your clients, provided that (a) such clients agree to comply with all these Terms and Conditions; (b) they exercise these rights solely in the manner and for the purposes set out in the Invoice.
16) 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 50% of the original licence fee will be payable.
17) Whilst Mooch Images Limited makes efforts to use accurate caption information and green filter status, We do not warrant that caption information or green filter status are accurate.
18) Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
19) You must provide Us on publication with at least two complimentary copies of any publication in which the Reproduction of the Image appears.
20) You acknowledge that Images, including any Digital Images, are our valuable property.
21) 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 conditions 22 and 23 apply:
22) 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.
23) Unless otherwise agreed, any Digital Image You create must not be greater in size than 640x480 pixels, 72 dpi. 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.
24) 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, or expiry of the licence term, whichever is later.
25) Under no circumstances will Mooch Images Limited or its photographers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use or Reproduction of or inability to use the Images or their captions or (b) the inability to obtain additional rights to the Images (including making additional copies) even if Mooch Images Limited has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the Image, their representative, and Mooch Images Limited shall be the fee paid for the Image to Mooch Images Limited.
26) You must pay our invoice within 30 calendar days of issue.
27) If You cancel rights granted in the Invoice within ten (10) business days from the date of the invoice, You will receive a full refund minus a cancellation fee equal to ten (10) percent of the total amount of the Invoice. After ten (10) business days, no cancellations will be accepted and the full amount of the invoice must be paid. No license to use the Image will be granted upon cancellation. All cancellations are final.
28) If You do not pay in accordance with these Terms and Conditions then We may at our option rescind this 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.
29) 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 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.
30) 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.
31) 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.
32) Should any disagreement arise between Us, We shall, if We both agree, first try to settle it by a mediation procedure recommended by the BPLC.
33) These Terms and Conditions shall be 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.
Please also read the Image Licencing Guide and the Mooch Privacy Policy
|
|
|
|
|
|
|
|
|
|
