The Environmental
Photo Library (‘The EP Library’)
The EP Library Royalty Free End-User Licence Agreement
If you are looking to use our royalty free images you should carefully
read the following terms and conditions of business which together constitute
The EP Library Royalty Free End-User Licence Agreement (‘the Agreement’)
1. In consideration for the use of any EP Library royalty free image (‘the Image’) or the exercise of any rights granted
under the Agreement, you agree to be bound by the terms of the
Agreement. When you place an order with The EP Library you will
receive an e-mail confirming receipt of your order and containing
details of your order. The EP Library and its suppliers own the
rights to the images, CDs, and The EP Library web site. All rights
not specifically granted under the Agreement are reserved by The
EP Library.
2. Conditional on your payment of the licence fee for the Image
or CD and your compliance with the terms of the invoice and Agreement
(including all restrictions), The EP Library grants to you a non-exclusive,
non-transferable right to use and reproduce images from the CD
or The EP Library web site as follows:
Print Uses
Any printed materials except ‘retail photo products’ (as
defined below). Acceptable uses include promotional items (greeting
cards, t-shirts, postcards, posters, phone cards, credit cards,
templates, CD covers, cassette covers, board games, calendars),
magazines, newspapers, advertising, editorials, catalogues, flyers,
brochures, reports, disposable packaging, book covers, and educational
textbooks.
Unauthorised ‘retail photo products’ include, without
limitation, greeting cards, calendars, postcards, stationery, posters,
t-shirts, ties, crockery, and mouse pads, offered for sale.
Other
Uses
Any electronic or digital materials including screensavers,
electronic greeting cards, websites (but not web site templates),
broadcast video, multimedia including film and video, and CD ROMs
provided that no image is at a resolution greater than 480 times
640 pixels and each image is incorporated into a design in such
a manner to make it clear that the Image is not intended to be
separately downloaded, copied, or distributed.
Restrictions
The EP Library may at any time during the term of the
Agreement notify you that certain images are no longer available
for use under the Agreement and on such notification the licence
granted by The EP Library shall automatically and immediately terminate.
Your sole remedy for any recalled image shall be, at the sole discretion
of The EP Library, the replacement of the recalled image with another
Image or the refund of any licence fee paid in respect of the recalled
Image. The EP Library cannot anticipate
all possible uses of an Image, either alone or in combination with other
material that you, or you on behalf of your client(s) make. You are solely
responsible for the use of any Image in combination with any other material.
Without exception, Images may not be used in the following ways:
- as
a trademark or service mark
- for any pornographic, unlawful purpose or
use
- to defame any person
- to violate any person’s right of privacy
or publicity
- to infringe any copyright, trade name trademark, or service
mark of any person or entity
For use covering sensitive subjects including, but without limitation,
topics that any depict the subject matter Image in a negative or unfavourable
light or subject persons to ridicule, and topics regarding all sexual
issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco,
AIDS, cancer, or seriously physical or ailments, or the disparagement
of a person or product.
3. ‘Non-transferable’ as used
in paragraph 2 above, means that the work you produce using an Image
must be for your own use, or if purchased on behalf of your employer
or client, your employer or client must be the end-user of your work.
You may not sell, rent, loan, give, sub licence, or otherwise transfer
to anyone either the CD or an Image, or the right to use the CD
or an Image (except insofar as an Image has been incorporated by
you in one of the permitted uses enumerated in Paragraph 2 of the
Agreement), and nothing you produce shall gain purport to grant
to any third party a right to use or duplicate an image. You agree
to take all commercially reasonable steps to prevent third parties
from duplicating or distributing images.
4. Authorised User
When a CD is purchased by a company, the Agreement authorises
no more than five individuals use
the images contained on the CD and exercise the rights described in the
Agreement. You may not play a CD or an image on computer or other storage
device that is accessible by more than one user at a time on a network
connection or otherwise.
5. Indemnification
You shall indemnify and defend The EP Library and its image
providers against all claims, liability, damages, costs, expenses,
including reasonable legal fees and expenses, arising out of or related
to 1)
a breach of the Agreement, 2) the use or modification of any image or
combination of any image with any other material, 3) and your failure
to abide by any restriction regarding the use of an Image, or 4)
any claim by a third party related to the use of an Image, alone or in
combination with any other material.
6. Limited Warranty
Subject to the restrictions and limitations
regarding your use of an Image contained in the Agreement, The
EP Library warrants that it owns or has obtained sufficient rights
to the copyright for the Image(s) to grant you the limited licence
under the Agreement. Additionally, The EP Library warrants that
the digital copy of the Image(s) provided by The EP Library to
you will be free from defects in material and workmanship (but
not visual and inherent in the original image) for 30 days following
delivery of the Image; and, The EP Library will, as your sole and
exclusive remedy for your inability to use an Image and at its
sole discretion, provide you with a replacement of the digital
copy of the Image, or refund you any fee paid by you to The EP
Library provided you have not made any licensed use of the Image.
The EP Library makes no warranties nor shall The EP Library be
liable for any Image which: a) has been modified by you b) has
been combined by you with other images, products, content, or materials,
or The EP Library has previously notified you not to license or
otherwise use.
The EP Library makes no warranty express or implied
regarding any Image(s), web site, the accuracy of any information,
or any rights or licenses under the Agreement including but without
limitation, any implied warranties of merchantability or fitness
for a particular use, or non infringement or that the CD, web site
or an Image are error-free. Except for any liability which cannot
by law be excluded or limited,
The EP Library shall not be liable for any indirect, consequential,
punitive, or incidental damages arising out of the use of, or the
inability to use, the CD, Website or an image, even if The EP Library
has been advised of the possibility of such damages, whether such
claim is framed as a breach of warranty of merchantability or fitness
for a particular purpose or non infringement, in tort, contract,
failure of essential purpose, or otherwise. In no event shall The
EP Library’s liability exceed the amount invoiced and paid
for such use.
7. The Agreement may not be assigned to a third party
without consent, and the terms of the Agreement shall be governed
by the laws of England.
Refund Policy
We want you to be delighted every time
you receive images from us. However, if you should seek a refund
or wish to return an image or a CD that is defective or damaged,
please see our Terms and Conditions for Business.
The EP Library is a trading name of Promote
Design & Marketing
Limited
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