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Instant Download Royalty-Free Creative Abstract Image Photo Library
This is a legal agreement between you or your company, firm or other organisation ("you") and Springboard Images (Chris Windsor Photography Limited Trading as Springboard Images) ("Springboard Images"). Springboard Images has been appointed agent by its Contributors to grant this Licence on their behalf.
Please read this agreement carefully in its entirety before you download or use any image. By confirming the purchase of the Image(s) or downloading the Image(s) you have selected from this website you agree to be bound by the terms of this agreement and the Image usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused Image(s) and notify Springboard Images by email to the following address: sales@springboardimages.com within ten days from the invoice date for a full refund.
1. Definitions
"Terms"
Means the terms and conditions set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.
"Contributor"
Means the owner(s) of the copyright in the Image(s) or their agent(s) who have submitted the Image(s) to Springboard Images.
"Invoice"
Means the computer-generated or pre-printed invoice provided by Springboard Images 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(s)"
Means the Image(s) you have selected which are identified on the Invoice.
"Licence"
Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right Springboard Images grants to you to use the Image(s).
"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.
"Release"
Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Image.
"Licence Fee"
Means any sum or sums payable to Springboard Images by you in respect of the Licence.
2 Contracting parties
The parties to this contract are Springboard Images and you.
3 Grant of rights and restrictions
1. Springboard Images grants to you a non-exclusive and non-assignable right to reproduce the Image(s) on a worldwide and perpetual basis solely as part of the following (or as otherwise agreed in writing by Springboard Images):
a. advertising and promotional materials (including packaging);
b. online or other electronic distribution systems (including web page design, but subject to clause 3.8) up to a maximum resolution of 72 dpi;
c. broadcasts or theatrical exhibition;
d. any products (including for-sale products) or publications (electronic or print), subject to clause 3.8; and/or
e. materials for personal, non-commercial use and test or sample use, including comps and layouts. Please note, not all of Springboard Images 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(s).
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 Springboard Images 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 Springboard Images to purchase a licence.
5. The Image(s) as stored by you must retain the copyright symbol, the name of Springboard Images, 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. Springboard Images 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 Springboard Images' sole 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. Springboard Images does not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s).
12. You shall 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 shall abide by any restriction on use notified to you by Springboard Images 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. Springboard Images, after reasonable notice to you, 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)/Springboard Images", or any other credit line specified by Springboard Images. 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. Springboard Images guarantees that should any Image have defects in material or workmanship and these are notified in writing to Springboard Images within thirty (30) days from the date of delivery of the Image then Springboard Images 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 Springboard Images' option.
2. Springboard Images makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Springboard Images 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 Springboard Images, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Springboard Images has been advised of the possibility of such damages, costs or losses. Springboard Images' 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 5.2 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 Springboard Images or any of its employees, agents or otherwise. Each provision of clause 5.2 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 Springboard Images. Any Reproduction by you or on your behalf prior to payment being received by Springboard Images constitutes a breach of this Agreement which entitles Springboard Images immediately to terminate this Agreement and further constitutes an infringement of copyright.
7 Indemnity
You agree to indemnify and hold Springboard Images 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 Springboard Images, on behalf of the Contributor, or any other breach by you of any of your obligations under this Agreement.
8 Release information
1. Springboard Images gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).
2. Springboard Images 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 Springboard Images 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 Springboard Images an email with notification of the cancellation to the following address: sales@springboardimages.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 shall be paid.
Cancelling the Licence revokes any right to publish, reproduce or use the Image(s) in any manner whatsoever.
11 Interest on overdue invoices and reasonable recovery costs
You understand and agree that, in the event that you fail to make payment on time, we reserve the right to:
1. Terminate the Licence with immediate effect; and
2. Charge interest on any late payment in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, on the amount unpaid at the rate of 8% per annum above the Bank of England base rate from time to time, from (and including) the date on which payment was due until (and excluding) the date on which payment in full is made; and
3. Claim compensation from you for any reasonable debt recovery costs incurred by us should any action be undertaken to obtain settlement of the account.
12 Condition of images
You shall have sole responsibility for examining the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Subject to clause 5.1, Springboard Images 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.
1 3 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, and Springboard Images shall accept no liability to you for the same.
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 Springboard Images and you. No action of Springboard Images, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Springboard Images 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 Springboard Images 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 Springboard Images in respect of all reasonable legal fees and costs incurred by Springboard Images in relation thereto.
If you do not agree with these terms please do not use this web site.
License to use the Site
You are granted a limited licence to access and make personal use of this website and Content for the following purposes:
• To browse the site; and
• To download and use the images available, but only to help you and your customers make a decision as to whether to buy the image.
Except for this, you must not download or modify it, or any portion of it, except with our express written consent. This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
For example, you are not permitted any resale or commercial use of this website or any of its Content; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or any of its Content; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools, and you must not attempt to do any of these things.
You may not link to this site or any part of it, frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilising our names or trademarks or those of the owners of the Content without our express written consent.
Any unauthorised use or attempted use terminates the permission granted by us.
Conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You must not use the website or any Content you are otherwise permitted to use for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right, or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety.
Liability
WE DO OUR BEST TO ENSURE THE WEB SITE IS ACCURATE AND UP TO DATE BUT WE EXCLUDE TO THE GREATEST EXTENT POSSIBLE UNDER APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither we nor our directors, 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.
If links to other sites are given on this web site we do not control those third party sites and are not responsible for their content.
Some countries' local laws 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 applicable legal provisions.
Applicable Law
Your use of our website, and this Agreement, will be governed by, and interpreted in accordance with, English Law. You accept and irrevocably submit to the non-exclusive jurisdiction of the English courts. If any part of this agreement is found void and unenforceable, that shall not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Changes
We reserve the right to change these terms, prices, information and our License and Privacy Policy without notice.
© Springboard Images. All rights reserved. Springboard images and its logo are trademarks of Chris Windsor Photography Ltd.
Copyright and Trademarks
All the material on this web site (which includes words, pictures, photographs, any moving images and other things ("The Content"), is owned by Chris Windsor Photography Limited (trading as Springboard Images), its licensors and content providers.
You may not copy any material on the web site without our permission.
How We Use Personal Information Collected Online
We will not use your personal information for any purpose other than that for which it is submitted. We use personal information to reply to enquiries, handle complaints, provide operational notices and in program record-keeping. We do not sell, trade or rent your personal information to any other party.
Our Commitment to Online Security
Our physical, electronic and managerial procedures have been employed to safeguard the security and integrity of personal information. Billing information is encrypted whenever transmitted or received online. Personal information is accessible only by staff designated to handle online complaints or requests. All of our staff members with access to personal information obtained on our web sites are also bound to adhere to this policy.
By using this website you agree to our terms and conditions.