Terms and conditions for delivery and usage of photographies

Terms and conditions.  Security policy.  Royalty Free images licence.

Terms and Conditions:

1. Spanish Intellectual Property Law will apply for everything not covered by the conditions outlined here.
2. Before photographic material is supplied, clients must inform Iberimage what use they are going to make of the pictures (by selecting use in the “shopping cart”).
3. Clients are not given any intellectual property rights on transmitted photographic material, but only have authorisation for a single reproduction (or several uses if they have selected the “shopping cart”).
4. Reproduction of any photographic material carries the obligation of mentioning the name of the author followed by the word Iberimage (name, surname /Iberimage).
5. Except when Iberimage states the contrary in writing, clients accept that Iberimage is not relinquishing its picture rights and also agree that Iberimage cannot guarantee that it holds the necessary authorisation for the use of the picture of all or any of the persons who appear in the photographic material. The same should be also understood in regards to authorisations that could be required for the use of names, trademarks,
   graphics or pictures of entities or corporations that could also appear in the photographic material.
6. Iberimage will not be responsible for any damage or bankruptcy suffered by clients or the final client or by any other person caused by the technically inadequate use of the photographic material, based on unconfirmed expectations, errors in their description, or for circumstances beyond Iberimage’s control that could arise during the reproduction process.
7. Except when agreed in writing, Iberimage does not grant –or guarantee the possession of –any exploitation rights for the plastic art works or any other kind that could reproduced in the photographic material. Therefore when authorisation is given for the reproduction of photographic material which in turn reproduces other works, the authorised reproduction applies only to the photographic material, independently of the possible rights that could correspond to the owners of the copyright for the pre-existing work that appears in the said photographic material.
8. Nor will Iberimage be held responsible for conflicts that could arise from the digital or analogue handling of the pictures, or for erroneous, inadequate or non-authorised use of graphic material. For instance, these could include pictures for texts or contexts (of any kind, including advertising or commercial copy) those that could harm the rights or interests of people, etc., and especially those that could harm the constitutional right of a person or those that could break the law concerning intellectual or industrial rights.
9. All these conditions, as well as any other that could be agreed, are subject to Spanish law, and any question or difference that could arise between the two parties would be submitted to the Madrid courts.

Security policy:

Iberimage certifies, (under Law 34/200 of 11 July, of the Servicios de la Sociedad de la Información y Comercio Electrónico, approved by Parliament 27 June, 2002 and published in the BOE 12 July, 2002) that all details you supply us with will be treated with absolute confidentiality.

• Iberimage requires certain details from customers (name, address, telephone number, email, etc.) in order to correctly deal with and invoice each order, as well as maintaining client accounts up to date and to be able to inform them promptly about future offers that could interest them. This entirely computerised information will be stored on a confidential card index that will be consulted by Iberimage for exclusive internal use. In some cases it's possible that some searches be stored in the database.
• Iberimage uses “cookies” to help surfing through our sites and in order to be able to assist you on subsequent visits. Of course you always have the option of deactivating these aids.
• Only authorised Iberimage employees have access through a password to the details you give us.

If you have any doubts about our confidentiality policy or about the information you have provided, please contact us at iberimage@iberimage.com

Royalty free images licence:

Licence Contract for final user for “Iberimage CD Royalty Free” and “Iberimage Foto Royalty Free” products.

THIS IS A LEGAL CONTRACT BETWEEN YOU AND IBERIMAGE. BY CLICKING ON ACCEPT AT THE END OF THIS CONTRACT OR BY OPENING THIS PACKAGE, YOU ARE INDICATING THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THE LICENCE CONTRACT. IF YOU DO NOT AGREE WITH THE LICENCE CONTRACT TERMS don't click on "accept” (I do not accept) and/or RETURN THE PACKAGE.

LICENCE:

• Iberimage does not sell pictures and /or CDs. It extends them under licence.
• Iberimage extends to you the personal, untransferable, non-exclusive and non-concessionary right to use the pictures in a computer and for only one user at a time.
• Through this contract Iberimage extends to you the right of use of the pictures for an indefinite time, under the restrictions established in this contract.
• Use of the picture can be for yourself or for your direct client, in which case he or she will be the final user of the picture.

What you can do with Iberimage Royalty Free pictures and CDs:

• Use them in any product that doesn’t exceed 75,000 units. If you are uncertain about the rights granted in this contract, or if you want to use the picture in any product exceeding 75,000 units, please call 00 34 91 463 57 64 sending an e-mail to royaltyfree@iberimage.com.
• Use them on line systems or other electronic distribution systems (such as CDs or websites) at a maximum size of 1024 pixels (72 dpi) on its largest side. The pictures can be used as a complete part of a website design, but not for individual downloading or in formats designed for permanent storage or repeated use on the part of website users.
• You can supply your direct clients with copies of pictures (including digital index cards) as a complete part of a work product, but it is not permitted to use them separately. If the user’s client wants to use a picture separately, the user (representing the client) or the client must obtain a licence, either by requesting it through our website www.iberimage.com or by calling 0034 914 635 764.
• Iberimage only authorise you to make a CD security copy and use it if the original deteriorates.

What cannot be done with Iberimage Royalty Free’s pictures and CDs:

• You cannot extend a sub-licence for the pictures (that is you cannot sell, re-sell or loan them out, etc.), nor can the separate or individual use of the product be offered. You cannot instigate a third person to extend the right of use or the ownership of the pictures.
• The use of pornographic, defamatory or libellous material and the illegal use of pictures are forbidden. You will accept full responsibility for the bad use or manipulation of the pictures and agree to compensate Iberimage and absolve it from any responsibility resulting from such uses. Use of pictures must be fulfilled according to applicable laws.

"Iberimage CD Royalty Free” product guarantee

Iberimage guarantees that this disc will have no defects for a period of 90 days from the date of delivery. Iberimage will not be responsible for any damage or harm caused by the impossibility of using any picture. Iberimage’s responsibility is limited in any case to the price paid for the CD or pictures.

IBERIMAGE DOES NOT RECOGNISE ANY OTHER SPECIFIC OR IMPLICIT GUARANTEES, INCLUDING BUT NOT LIMITING ITSELF TO IMPLICIT COMMERCE GUARANTEES, SUITABLE FOR PRIVATE USE.

In some jurisdictions restrictions are not permitted in respect to the duration of an implicit guarantee, so it is possible that the limitation previously mentioned will not apply to you, and it is possible that you may have other rights which vary according to the jurisdiction of your place of residence.

UNDER NO CIRCUMSTANCES WILL IBERIMAGE OR ITS AUTHORISED SUPPLIERS BE RESPONSIBLE FOR GENERAL, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES THAT COULD OCCUR DUE TO THE LICENCE OF THESE PICTURES.

General clauses for the “Iberimage CD Royalty Free CD” product:

All rights on this disc and image belong to Iberimage and its suppliers and are protected by Spain’s copyright laws. Iberimage and its authorised suppliers reserve all rights not expressly granted in this contract.

If for any reason you are notified that a picture can no longer be used, you will accept this and Iberimage will replace it with another of your choice, and you will decline from lodging any kind of complaint.

This document is a legal contract between Iberimage and the final user. When you download or use any picture you will be bound to the terms and conditions of this contract. If you do not agree don't click on “acept” (I do not accept).

For the compliance, execution and interpretation of this contract, the parties will expressly submit themselves to the jurisdiction of Madrid courts.