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Terms and Conditions of Use
In this Agreement the following terms apply: (a) image - supplied as a print or in digital format either by email or CD-Rom (b) reproduction - publication or copying of the image in any way. (c) the Client - the user / or entity using images and / or services (including this website) provided by Bicycle Images.
1 Images supplied - no property or copyright in any image shall pass to the Client whether on its submission or on Bicycle Images. ’s grant of reproduction rights in respect thereof.
2 Reproduction Rights - when granted are strictly limited to the use, period of time and territory specified on Bicycle Images. ' invoice and, unless otherwise agreed in writing, relate to a single publication in a single size with text (if any) in one language only.
3 Reproduction rights granted are personal to the Client and may not be assigned, licensed or transferred in any way whatsoever, nor may any image submitted to the Client be loaned or transferred to third parties. All rights are non-exclusive unless specifically granted by Bicycle Images. and specified on the invoice.
4 Once a reproduction fee has been agreed and an invoice issued there is a firm and binding contract whereby Bicycle Images. is committed to grant reproduction rights and the Client purchase them.
5 The Clients rights to reproduce an image are validated only when Bicycle Images. ' invoice has been paid in full. Any reproduction before payment of the invoice constitutes an infringement of rights and a breach of the Agreement. Bicycle Images. would then be entitled to rescind the Agreement and render the Client liable for the payment of any damages. Images should be deleted from your systems after the job for which they were obtained has been completed.
6 The Client agrees to indemnify Bicycle Images. in respect of any claims or damages or any loss or costs arising in any manner from the reproduction without proper rights of any image supplied to the client by Bicycle Images. .
7 No addition to, deletion from, alteration or adaptation of an image may occur without written permission from Bicycle Images. .
8 Whilst Bicycle Images. takes all responsible care in the performance of this Agreement, Bicycle Images. shall not be liable for any loss or damage suffered by the Client, or by any third party, arising from a defect in an image or its caption or in any way from its reproduction.
9 The Client shall indemnify Bicycle Images. against any loss suffered by Bicycle Images. from any unlawful reproduction of an image by the Client.
10. Except as expressly stated in this Agreement, Bicycle Images. makes no representations or warranties regarding any other matter pertaining to this Agreement and all warranties, rights, obligations, representations, liabilities, terms or conditions (whether oral, written, express or implied, or arising in contract, tort, statute or otherwise, and irrespective of the negligence of Bicycle Images. or its photographer(s)) regarding or any other matter pertaining to this Agreement (including without limitation, any relating to satisfactory quality, fitness for purpose, conformity with description or sample, care and skill or compliance with representations, but excluding any implied statutory warranties relating to title) are hereby expressly excluded. Bicycle Images. does not warrant that the images will meet all of the Client’s requirements. Bicycle Images.
gives no right or warranties with regard to the use of names,
trademarks, copyright designs or works of art depicted in any image.
The Client must satisfy themselves that all necessary rights or
consents that may be required for reproduction have been obtained.
12 Bicycle Images. ’s total liability under this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way, shall under no circumstances exceed the greater of GBP £50 or fifty percent (50%) of the fees actually paid by the Client to Bicycle Images. under this Agreement.
13 Under no circumstances shall Bicycle Images. (or any of its photographers providing images under this Agreement) be liable to the Client or any other party for losses or damages which fall into each of the following categories: (i) lost revenues, lost profits or loss of business, (ii) trading losses or inaccurate distributions, (iii) loss of or damage to goodwill, or loss of anticipated savings, (iv) loss of or corruption to data, or (v) any incidental, indirect, exemplary, consequential or special damages of any kind, or any breach of this Agreement or any termination of this Agreement, and (in each case) whether such liability is asserted on the basis of contract, negligence, other tort, statute or otherwise and whether or not foreseeable, even if Bicycle Images. has been advised or was aware of the possibility of such loss or damages.
These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision of these Terms of Use. Bicycle Images. reserves the right to modify or terminate these Terms of Use without notice, if, in Bicycle Images. sole discretion, you fail to comply with any term of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site, copies and related documentation thereof. In addition, Bicycle Images. reserves the right to terminate this Site without notice.
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