Terms
and conditions for delivery and usage of photographies
Terms and conditions.
Security policy.
Royalty Free images licence.
Terms and Conditions:
- Spanish Intellectual Property Law
will apply for everything not covered by the conditions outlined
here.
- 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”).
- 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”).
- Reproduction of any photographic
material carries the obligation of mentioning the name of the
author followed by the word Iberimage (name, surname /Iberimage).
- 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.
- 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.
- 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.
- 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.
- 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.
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