1.1 The Libertipix site (the Site) is owned and operated by Libertipix (we, us). If you wish to provide to us or upload any photographs, videos or illustrations to the Site (the Images) you agree to be bound by these terms and conditions (the Terms). These Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms, do not use the Site. If you have any questions, you can contact us at email@example.com.
1.2 Libertipix is a trading name of El Escritor Limited of 3 Stirling Court, Stirling Way, Borehamwood, Hertfordshire WD6 2FX.
1.3 We reserve the right to update these Terms from time to time at our discretion. If we do so, the updated version will be effective as soon as it is accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
1.4 You must be at least 18 years old and legally capable of entering into a contract to create an account on the Site.
2.1 On creation of a Libertipix account, you may upload Images to the Site to feature within the Collections section. You agree that we may, at our sole discretion remove any Image from the Site at any time and without notice to you.
2.2 If you wish to be considered to be engaged to create commissioned Images, you should email us examples of your work. If we agree to include you within our database of contributors who may be engaged for commissioned Images, we may contact you from time to time with a brief to create the Images including details of the fee, specification, key milestones, timetable for delivery and any other relevant terms (the Brief). You should either accept or reject the Brief within 3 days of receipt of the Brief. Your acceptance of the Brief should remain valid for 30 days, and if, during that 30 day period we request that you create the Images, you shall email the images to us, or upload them to our Dropbox account within the timetable required under the Brief. We shall pay to you the agreed fee for the Images in accordance with Condition 3.4, provided that the Images comply with the specification included in our request and otherwise with these Terms.
2.3 You hereby grant to us a worldwide, non-exclusive right and license to:
(a) copy, reproduce, transmit, publish and distribute the Images on the Site and in marketing materials relating to the Site;
(c) use your name and likeness and any other information you provide to us about you in relation to the Images.
2.4 You acknowledge and agree that you have no right to any personal information relating to any user who accesses, downloads, views and/or uses any of the Images.
2.5 You warrant and represent that:
(a) you are the Contributor of the Image, or you have the written agreement from the Contributor of the Image to allow you to upload the Image to the Site, or otherwise provide the Image to us, and grant the licence under Section 2.3 above;
(b) we may exercise the licence under Condition 2.3 above without the permission or and/or payment of any royalties to any third party, including in relation to trade marks, image rights or rights of privacy;
(c) you and/or the Contributor of the Image as the case may be have not assigned your rights in the Images and/or granted an exclusive licence in respect of the Images to any third party;
(d) you and your Images shall comply with the Libertipix Guide for Contributors.
2.6 Notwithstanding the Libertipix Guide for Contributors, you further warrant and represent that the Images do not include any content that:
(a) infringes any third party copyright or other intellectual property rights, is unlawful, offensive or breaches any laws or regulations;
(b) is defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable;
(c) is discriminatory of any group of people;
(d) is obscene, offensive, hateful or inflammatory;
2.7 If your Image includes a recognisable individual or location, you shall provide to us duly signed copies of our release forms, or such other release forms that we have agree you may use in respect of the Images.
3. Your relationship with Libertipix
3.2 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.
3.3 Through your Libertipix account, you will be able to see how often an Image is downloaded and the fee due to you for such Image. We shall pay to you the fee due on a quarterly basis in accordance with the Libertipix Guide for Contributors provided that the total fee due is above £30. All bank transfer fees due and any taxes due on international transfer shall be met by you.
3.4 You may invoice us the fee due for any Images commissioned under Condition 2.2 once we confirm that the Images are approved. We shall pay all properly drawn up invoices within 30 days of receipt.
3.5 You undertake and agree to act in good faith at all times in your relations with Libertipix and shall not act in any way that may be detrimental to with Libertipix or the Libertipix brand.
3.6 You may use the Site only for lawful purposes. You agree not to try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site and/or reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law.
3.7 We will use reasonable endeavours to make the Site available to you at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
3.8 The copyright in all material contained in the Site including all information, data, text and all source code and other software is owned by or licensed to Libertipix (Our Content). All rights are reserved. Except in relation to use of your own Images, you can view, print or download extracts of Our Content for your own purposes, but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use Our Content without our permission.
4.1 For the purposes of these Terms, “Confidential Information” means all information whether written or oral and in whatever medium which comes into your possession and relates to our business, products, financial and management affairs, including fees charged, customers, employees or authorised agents, plans, proposals, strategies or trade secrets, and requests provided to you for Images commissioned under Condition 2.2.
4.2 Whilst these Terms are in force and after termination you shall keep confidential, and shall not use (other than for the purposes of these Terms) and shall not disclose to any third party any of our Confidential Information, unless such Confidential Information:
(a) was public knowledge;
(b) subsequently becomes public knowledge other than by breach of these Terms; and/or
(c) subsequently comes lawfully into your possession from a third party.
4.3 You shall be entitled to disclose our Confidential Information if required to do so by any court, governmental or other administrative authority or regulatory body competent to require disclosure.
5 Liability and Indemnity
5.1 We warrant that we take reasonable skill and care to make available the Site, Our Content and the Images. Subject to that warranty, and to the extent permitted by law, you agree that we exclude all warranties in relation to the Site, Our Content and the Images, whether implied by statute, common law or otherwise, including any warranty, term or condition as to satisfactory quality, performance, fitness for purpose, availability and non-infringement. In particular, we give no warranty, express or implied, that you will receive any fees as a result of uploading your Images to the Site or any requests to create Images for commission under Condition 2.2.
5.2 Subject to Condition 5.4 we shall not be liable to you for:
(a) loss of profits;
(b) loss of business;
(c) loss or corruption of data or information, including the Images;
(d) business interruption;
(e) loss of goodwill or reputation;
(f) loss of or wasted staff or management time; and/or
(g) any kind of special, indirect, consequential loss or pure economic loss whether or not advised of the possibility of the same.
We both agree that the provisions of this Condition 5.2 are severable.
5.3 Subject to Condition 5.4, our total liability to you for all claims or series of claims whether in contract, negligence or otherwise for any damages, losses or expenses shall be limited to direct damages caused as a direct result of our breach of these Terms. Our liability is limited to the fee paid for the Image that is the subject of the claim.
5.4 Nothing in these Terms is intended to limit any rights you might have as a consumer or to limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation of for any other liability that may not be excluded or limited by applicable law.
5.5 You shall defend, indemnify and hold harmless Libertipix and its agents from all damages, liabilities, costs, claims, losses and expenses (including reasonable legal fees) arising out of or in connection any breach of the warranties and/or representations in Condition 2.
6.1 Without prejudice to any other rights or remedies available to us, we may suspend or terminate your Libertipix account on notice to you in writing if:
(a) you have breached any provision of these Terms;
(b) we cannot verify or authenticate any information you provide to us; and/or
(c) we determine that your conduct could damage our reputation.
6.2 You may terminate your Libertipix account at any time on notice to us.
6.4 Termination of these Terms however caused shall be without prejudice to any rights or liabilities accrued at the date of termination. Any terms which by their nature should continue post termination of these Terms shall so continue.
7.1 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.
7.2 These Terms constitute the entire understanding between the parties with respect to the subject matter of these Terms and supersede all prior agreements, negotiations and discussions between the parties relating to them and any terms implied in the normal course of business. No amendment or variation of these Terms shall be effective unless in writing and signed by a duly authorised representative of each of the parties.
7.3 The parties declare that they each have the right, power and authority and have taken all action necessary to execute and deliver, and to exercise their rights and perform their obligations under these Terms.
7.4 The failure of a party to exercise or enforce any right under these Terms shall not be deemed to be a waiver of that right or operate to bar the exercise or enforcement of it at any time or times thereafter.
7.5 If any part of these Terms shall be found by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms.
7.6 These Terms are personal to you and you may not assign or transfer your rights under these Terms. We may assign our rights under these Terms, without notice or consent to you.
7.7 All notices to be sent to Libertipix shall be sent to firstname.lastname@example.org. All notices to you will be sent to the email set out in your Libertipix account.
7.8 These Terms shall be governed by and construed in accordance with English law and each party hereby irrevocably submits to the non-exclusive jurisdiction of the English Courts, provided that any action you wish to take against Libertipix must be brought in the English
Last updated: July 2019