Terms of use for customers

1. Introduction

1.1 The Libertipix site (the Site) is owned and operated by Libertipix (we, us). By using the Site and/or requesting, accessing, downloading and using any photographs, videos or illustrations on 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 info@libertipix.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. Image Licence

2.1 On creation of a Libertipix account, you may download Images from Site. In addition, you may from time to time contact us with a brief for particular Images that you require. Within a reasonable time of receipt of your brief, we shall provide you with a quote to create the Images including details of the fee, key milestones, timetable for delivery and any other relevant terms (the Quote) . If you agree to the Quote, we shall engage a contributor to create the Images and supply the Images to you either by USB stick, email or Dropbox in accordance with these Terms and the agreed Quote. You shall pay the fee in accordance with Condition 3.2.

2.2 Subject to receipt of the appropriate fee and Condition 2.3 below, you have a non-exclusive, worldwide, royalty-free, perpetual right to use and reproduce an Image for your own purposes or for the purposes of your client.

2.3 You may not:
(a) use an Image in association with any other content that infringes any third party intellectual property rights, is unlawful, offensive or breaches any laws, regulations or codes of conduct;
(b) register or attempt to register as a trade mark any Image or any part of an Image or otherwise use an Image as a trade mark;
(c) challenge the ownership rights in respect of an Image or claim that you own the copyright in an Image;
(d) use the Images in any way that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable or prejudicial to us in any respect, or is discriminatory of any group of people;
(e) sell or sub-license use of the Image;
(f) use the Image in a way that allows others to download or redistribute it as a standalone file;
(g) produce and/or sell merchandise, prints or artwork featuring the Image.

Images commissioned under Condition 2.1 may have further usage rights and restrictions, and you agree to comply with those.

2.4 All use of an Image from the ‘Free Collection’ of the Site shall include the following attribution: ‘Image used under licence from Libertipix. Photographer [insert their name here]’. You may not otherwise use the name Libertipix without our prior written consent.

2.5 At our request, you shall provide to us a written report on all uses made by you of any of the Images.

 

3. Fee and Registration

3.1 In order to download and use an Image you are required to pay a fee, unless if the Image is in the ‘Free Collection’ section of the Site.

3.2 For an Image commissioned under Condition 2.1, we shall invoice you 50% of the Fee 50% on agreement of the Quote, and 50% of the Fee on delivery of the Images. All invoices are due within 14 days of receipt.

3.3 The fee for Images downloaded images can be paid through PayPal, credit or debit card. Any invoice submitted can be paid through PayPal, or bank transfer.

3.3 We will collect and process your personal information through your use of the Site when you register in accordance with the terms of our Privacy Policy.

3.4 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.

3.5 If you are accessing, downloading and using Images on behalf of your own client, you shall:
(a) provide details of your client to us at our request;
(b) procure that your client complies with the provisions of these Terms, in particular Condition 2; and
(c) agree that breach by your client shall be deemed to be breach by you.

 

4. The Site

4.1 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.

4.2 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.

4.3 We reserve the right to remove any Images or features from the Site at any time and for any reason.

 

5. Our Content

5.1. 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 the Images under Condition 2, 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.

5.2 We use reasonable endeavours to ensure that we have the permission of the owner of the copyright to reproduce the Image on the Site. However, if you believe that any Image infringes your copyrights, you may submit a notice to
us including the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of any exclusive right that is allegedly infringed;
(b) identification of the copyright work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing;
(d) information reasonably sufficient to enable us to contact you, including your name, email and/or postal address;
(e) a statement that you have a good faith belief that use of the material on the Site is not authorised by the copyright owner, its agent and/or the law; and
(f) a statement that the information in the notice is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5.3 You shall and shall procure that your client shall immediately cease using the Image and delete or destroy any copies of the Image in our possession or control if we notify you that the Image may be the subject of a claim of
infringement or unauthorised use, or if you become of such a claim. At our request, you shall certify in writing that you have complied with the provisions of this section.

 

6. Liability and disclaimer – Your attention is particularly drawn to this Condition

6.1 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.

6.2 Subject to Condition 6.4 we shall not be liable to you for:
(a) loss of profits;
(b) loss of business;
(c) loss or corruption of data or information;
(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 6.4 are severable.

6.3 Subject to Condition 6.4, 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. If you are not a consumer, then our liability is limited to the fee paid for the Image that is the subject of the claim.

6.4 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.

 

7. Indemnity

7.1 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 with your use of the
Images in breach of any of these Terms.

 

8. Termination

8.1 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.

8.2 On termination of your Libertipix account under Condition 8.1:
(a) your right to use the Images shall cease and you shall cease all use of the Images;
(b) you shall destroy or delete all copies of the Image in your possession or control; an
(c) at our request, you shall certify in writing that you have complied with the provisions of this section.

8.3 You may terminate your Libertipix account at any time on notice to us.

8.4 On termination of your Libertipix account under Condition 8.2, your right to use the Image shall continue in force provided no outstanding sums are due to us from you.

 

9. General

9.1 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.

9.2 These Terms (as amended from time to time) constitute the entire agreement between you and Libertipix concerning your use of the Site and the Images.

9.3 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

9.4 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.

9.5 All notices to be sent to Libertipix shall be sent to info@libertipix.com. All notices to you will be sent to the email set out in your Libertipix account.

 

10. Disputes

10.1 If you have any complaint or wish to raise a dispute under these Terms or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr

10.2 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

 

Last updated: July 2019