TERMS
OF USE
Bigg World Photography Rights-Managed
End User Licence Agreement (EULA)
This is a legal agreement between you or your company, firm or other
organisation (“you”) and Bigg World Photography ("Bigg
World Photography"). Please read this agreement carefully in
its entirety before you download or use any image. By confirming the
purchase of the Image(s) you have selected from this website you agree
to be bound by the terms of this EULA (the “Agreement”)
and the Image usage restrictions contained herein.
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 Bigg
World Photography.
"Bigg World Photography" Means Bigg World Photography.
"Invoice" Means the computer-generated or pre-printed invoice
provided by Bigg World Photography 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 Bigg World Photography 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 Bigg World
Photography by you in respect of the Licence.
2. Contracting parties
The parties to this contract are Bigg World Photography and you.
3. Grant of rights and restrictions
• 3.1 Bigg World Photography grants to you a non-exclusive (unless
otherwise stated on invoice), non-sublicensable and non-assignable
right to Reproduce the Image(s) solely in the manner and for the purposes
set out in the Invoice. This right may be exercised by your clients,
provided that such clients agree to comply with all the Terms.
• 3.2 Use of the Image(s) is strictly limited to the use, medium,
period of time, print run, placement, size of licensed material, territory
and any other restrictions specified in the Invoice. You may utilize
the Image in any production process that may be necessary for the
intended use specified in the Invoice.
• 3.3 You must not incorporate Images (or any part of them) into
a logo, trade mark or service mark.
• 3.4 Image(s) must not be used as references for creating drawings
or other visual works unless specifically authorised in the Invoice.
• 3.5 Unless otherwise specified in the Invoice Image(s) may
not be reproduced more than once within any design, editorial piece,
advertisement or other work product.
• 3.6 A Licence to use an Image on or in a product does not imply
any right on your part to use the Image in any manner in the advertising
or promotion of such product, which right must be separately negotiated.
• 3.7 Bigg World Photography does not warrant the accuracy of
the captioning, keywording or any other information associated with
the Image(s).
• 3.8 You may 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.
• 3.9 You must abide by any restriction on use notified to you
by Bigg World Photography before, after or at the time of delivery
of the Image(s), either in the information accompanying the Image(s),
the Invoice or otherwise.
• 3.10 Bigg World Photography, after reasonable notice, 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.
• 3.11 You may store the Image(s) in a digital library, network
configuration or similar arrangement to allow them to be viewed within
your organisation and by your clients but you must retain the copyright
symbol, the name of Bigg World Photography, the Image(s)' identification
numbers and any other information as may be invisibly embedded in
the electronic files containing the original Image(s). When your licence
period as set out in the Invoice ends, you must promptly delete the
Image(s) from your computer or other electronic storage system.
• 3.12 The Image(s) may not be sublicensed, resold or otherwise
made available for use or distribution separately or detached from
a product or web page. 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.
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 "Philip J.Bigg/Bigg
World Photography", or any other credit line specified by Bigg
World Photography. 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
• 5.1 Bigg World Photography guarantees that should any Image
have defects in material or workmanship and these are notified in
writing to Bigg World Photography within thirty (30) days from the
date of delivery of the Image then Bigg World Photography 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 Bigg World Photography's option.
• 5.2 Bigg World Photography makes no other warranty, express
or implied, including, without limitation, any implied warranties
of merchantability or fitness for a particular purpose. Bigg World
Photography shall not 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 Bigg World Photography,
its servants or agents or otherwise) which arises out of or in connection
with this Agreement, even if Bigg World Photography has been advised
of the possibility of such damages, costs or losses. Bigg World Photography's
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.
• 5.3 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 Bigg World Photography
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 Bigg World Photography. Any Reproduction by you or
on your behalf prior to payment being received by Bigg World Photography
constitutes a breach of this Agreement which entitles Bigg World Photography
immediately to terminate this Agreement and further constitutes an
infringement of copyright.
7. Indemnity
You agree to indemnify and hold Bigg World Photography 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 Bigg World Photography, on behalf
of the Contributor, or any other breach by you of any of your obligations
under this Agreement.
8. Release information
• 8.1 Bigg World Photography gives no representations or warranties
whatsoever as to the existence of any Releases associated with the
Image(s).
• 8.2 Bigg World Photography 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.
• 8.3 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 Bigg World Photography employees or representatives
save as set out in this Agreement.
9. Licence fee
The Licence Fee depends on the nature of the rights granted. You agree
to notify Bigg World Photography in the event that you desire to expand
the usage for the Image and pay any additional 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 Bigg World
Photography an email with notification of the cancellation to the
following address: PhilipJBigg@BiggWorldPhotography.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 must be paid.
Cancelling the Licence revokes an right to publish, reproduce or use
the Image(s) in any manner whatsoever.
11. Interest on overdue invoices and reasonable recovery costs
• 11.1 Unless otherwise agreed by us in writing, all Invoices
are payable by you within 30 days.
• 11.2 If you do not make full payment of an Invoice on time
we reserve the right to charge interest on the outstanding amount
at the rate prescribed by the Late Payment of Commercial Debts (Interest)
Act 1998 from the date payment was due until payment is made.
12. Condition of images
You should make sure that you examine the Image(s) for possible defects
(whether digital or otherwise) before sending the Image(s) for Reproduction.
Subject to clause 5.1, Bigg World Photography 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.
13. 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.
14. Miscellaneous terms
• 14.1 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.
• 14.2 No variation of any of these Terms shall be effective
unless in writing and signed by Bigg World Photography and you. No
action of Bigg World Photography, other than an express written waiver,
may be construed as a waiver of any clause of this Agreement. In the
event that Bigg World Photography 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.
• 14.3 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.
• 14.4 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 Bigg World Photography 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 Bigg
World Photography in respect of all reasonable legal fees and costs
incurred by Bigg World Photography in relation thereto.
