| Terms & Conditions | ||
| historicalportraits.com Definitions 1.historicalportraits.com,“the Archive”, or “the Site”, a wholly owned subsidiary of Philip Mould Ltd or “PML”. 2.“Terms and Conditions”,“the Conditions" which govern the use of the Site and images. 3."Customer" -the party purchasing images for use 4.“Purchasing” or “Ordering” the process whereby the Customer selects an image and by completing the online order form and remitting payment according to the terms of and in the manner stipulated by google checkout© agrees to be bound by the Conditions and so receives an Image from us by email. 5. “an Image”, “the Image”, the high resolution jpeg image which the Customer receives by email on satisfactory competion of an Order. 6. ‘the Agreement’, ‘to agree’, the Customer’s consent to be bound by the Conditions in Purchasing from the Site; the implicit licence created in this transaction: “the Contract” Terms and Conditions By purchasing from the Archive you agree to be legally bound by the Conditions (as they may be modified and posted here from time to time) and to take an implicit licence of your selected images on the Conditions. If you do not agree to the Conditions you must, of course, immediately cease use of this Site. The Conditions are legally binding between the Customer (‘you’) and Philip Mould Ltd (‘we’ or ‘us’). Philip Mould Ltd reserves the right to alter, modify, or update the Conditions at any time by posting a variation on this Site. The entire content of the Site including the general design (“Content”) is owned by Philip Mould Ltd., and is protected by copyright, trademark and other UK, EU, US and international law relating to intellectual property. historicalportraits.com and Philip Mould Ltd are trademarks which have been registered in certain countries. You may not modify, publish, transmit, transfer, sell, create derivative works based upon or in any other way exploit the Content in whole or in part except as provided in the Conditions Permitted Use; Philip Mould Ltd grants the Customer a personal, nontransferable, non-exclusive right to copy an Image or Images to your computer hard drive and to use said Image or Images only in accordance with these Conditions. You acknowledge that you do not acquire any ownership rights in receiving an Image. You undertake to disclose full details concerning the intended use of any Images selected from the Archive and received from us as requested on the Order Form. No Advertising Use; Images are supplied strictly for editorial use only in accordance with the Agreement and cannot be used for promotion or advertising without prior consent of Philip Mould Ltd. Manipulation of Images; Images may be cropped, positioned, enlarged or reduced but must not be changed or manipulated. Using the Images in a distorted or misleading manner or for any kind of promotional or advertorial use is expressly forbidden. Retention of Digital Files; An Image is Purchased for the use described by the Customer in the order form. Additional or later usage will require a further and separate Order. Images cannot be redistributed, syndicated or copied for use anywhere else, either internally or externally. Credits; Images must be credited “Copyright Philip Mould Ltd”. Additional clearances; Where the © symbol appears in the title of an image, this denotes that there is additional artist’s copyright in the subject of the image, which will require the approval of the artist, artist’s estate or representatives before use of any kind. Please contact Philip Mould Ltd for information on how to obtain this additional clearance. The following are expressly prohibited: Use of an Image beyond the terms set forth in the Conditions and outside their Agreement with Philip Mould Ltd Archiving, republishing or transmitting the Images by any means Storing of Images on the Customer’s website beyond the terms set forth in the Conditions and outside their Agreement with Philip Mould Ltd Sublicensing, re-licensing, renting, leasing, or redistributing the Images Using an Image in any manner that is defamatory, pornographic, obscene, or illegal, whether directly, or in context with a specific subject matter. Disclaimer Your use of the site is at your own risk. Philip Mould Ltd makes no representation or warranty, either expressed or implied, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, non-infringement, or warranties arising by course of dealing or custom of trade. Philip Mould Ltd does not make a representation or warranty that any content is accurate, complete, appropriate, reliable, or timely. We also make no representation or warranties that your access to and use of the Site (1) will be uninterrupted or error-free, (2) is free of viruses, unauthorised code, or other harmful components, or (3) is secure. You are responsible for taking all precautions you believe necessary or advisable to protect you against any claim, damage, loss or hazard that may arise by virtue of your use of the Site. The entire risk as to the quality and performance of this Site and the accuracy, adequacy, completeness, validity, and quality of any material and information is with you the Customer. Philip Mould Ltd excludes all liability both under contract law and the law of tort including without limitation misrepresentation, to the fullest extent permitted by law. Under no circumstances will Philip Mould Ltd be liable for any direct, incidental, consequential, indirect or punitive damages as a result of the use of this Site, or from your use of the Images on the Site. In any event, the combined limit of liability of Philip Mould Ltd shall be the fee paid for the Image to Philip Mould Ltd. You acknowledge that in the absence of your agreement to this limitation of liability we would not provide the Site to you. Subject as provided below, all terms implied by law are excluded. The Customer agrees to indemnify and hold Philip Mould Ltd its directors, employees, agents, representatives, licensors, successors and assigns, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorney’s fees, arising from your use of historicalportraits.com Images, your use of the Site generally, your breach the Agreement or any other breach by you Agreement. Philip Mould Ltd may terminate the Contract or Agreement if you or any employee or agent of the Customer commit any material breach of the Conditions. You are bound by the Conditions when you access the Site and until you have destroyed all Content that you have purchased from the Site or from any other format on which we have provided Content to you. You are in addition, bound by the Conditions whether you received or copied the Content under the terms of the Conditions or not. Your covenants, obligations and agreement to indemnify Philip Mould Ltd on your behalf survive termination These terms and conditions shall be construed under and subject to the laws of England and Wales and the parties irrevocably agree to the non-exclusive jurisdiction of the English courts, notwithstanding the jurisdiction in which you are based. However, Philip Mould Ltd shall have the right to commence and prosecute any legal or equitable action or proceeding before any other court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Philip Mould Ltd, such action is necessary. If any of these terms and conditions is held to be invalid or unenforceable in any jurisdiction, the remainder of the terms and conditions will remain in full force and effect. Philip Mould Ltd makes no warranty or guarantee that the Site or the Content complies with laws other than those of England and Wales. Any formal notices should be sent to us at the address at the end of these terms by email and confirmed by post. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights or obligations under this Contract. A person who is not party to this Contract shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract. This clause does not affect any right or remedy which is available other than pursuant to that Act. By completing an Order Form you consent to PML holding your personal details in our host computer. By using this website, you understand and agree that (a) the information collected from this site may be retained indefinitely; (b) we may use this information for a variety of purposes including direct marketing (unless you have specifically requested not to receive direct marketing from us); (c) we reserve the right to disclose your personal information if required to do so by law, or in the good faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers or the public. Philip Mould Ltd will not sell or rent information about you to any third party. © Philip Mould Limited October 2007 historicalportraits@philipmould.com 29 Dover Street London W1S 4NA +44 207 499 6818 |
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