CARISBROOKE CASTLE MUSEUM IMAGE LIBRARY
Terms & Conditions
Images made available through this website are taken from
original photographs and artworks in the collections of Carisbrooke Castle Museum, and
are available as downloads at 72 and 300 dpi. Their use is subject to two main
categories of charges:
1. Personal use: i.e.
in education, teaching, academic study and research
2. Commercial use: i.e. in
reproduction in the media, products etc.
The fees charged reflect the commercial and non-commercial
use of images. No charges are made for downloading watermarked images (but note
use restrictions in clause 2). Sales are subject to VAT charges for purchasers
within the EU. (but see clause 6).
Acceptance: By using this
website and/or downloading any material, you agree to be bound by the following
terms and conditions. This agreement applies to you and, if you are using this
website on your employer’s behalf, to you and your employer. Carisbrooke Castle
Museum (CCM) reserves the right to alter and update this agreement at its
discretion, without giving explicit notice. If you do not accept these terms, do
not use this website, do not download or use any images - you will be deemed to
have accepted these terms and conditions unless you notify us to the contrary.
No variation of these terms and conditions shall be effective unless agreed to
in writing.
Definitions: “We/Us/Our",
“CCM” and/or "Museum” means
Carisbrooke
Castle Museum.
"You" and/or “the customer” means the person or entity named as the client.
1.
Ownership: All images and information provided on this website are the
property and/or copyright of CCM (unless stated otherwise). The moral rights of
CCM and its authors of works represented on this site have been asserted. No
property, copyright or publication rights in any picture shall pass to the
customer either on submission of the pictures to the customer or once we grant
reproduction rights.
2.
Supply of digital images: You may save/download low-resolution watermarked images (or
“comps”) for layout, testing and evaluation purposes. You may not
use watermarked images for any final productions in printed or
electronic form, including presentations. You may not remove watermarks from CCM
images. Hi-res images are supplied as 300ppi jpegs
directly from our website.
3.
Retention of images: images for private use and study may be retained/stored but
not passed on to third parties without our written permission. Images for
commercial use shall not be stored, duplicated or transmitted after the
reproduction process for which they were purchased and should be destroyed
unless otherwise agreed by us.
4.
Reproduction Rights:
Reproduction rights are non-exclusive and subject to
these terms and conditions, unless specifically agreed otherwise. Reproduction
by whatever means of the whole, or any part of, any CCM images is forbidden
without our specific permission. Rights may not be assigned, nor may the
image(s) submitted to you be loaned, supplied or transferred to third parties,
without our written permission. No reproduction rights are granted by
virtue of the download of images: Your right to reproduce an image
arises only if (a) licence terms are agreed and (b) our invoice relating to the
grant of such rights is paid in full. Any reproduction before payment of
the invoice or outside the terms of any licence constitutes an infringement of
copyright and also a breach of this Agreement entitling us to rescind and claim
damages. You must indemnify us in respect of any claims, damages, costs or
expenses we incur arising from any reproduction without licence of any image
supplied to you.
5.
Online fee pricing:
Fees quoted online using our price calculator, or
rights packages, are valid and applicable unless specifically agreed otherwise.
Fees for image use beyond the scope of a fee agreement must be negotiated
specifically.
6.
VAT charges: VAT, at the prevailing rate, will be
charged in addition to the listed fees to UK customers. Our Image Library VAT No.
is GB 108 5170 88
7.
Picture credits:
You must credit us each time an image is used,
unless agreed otherwise. Our credit line is ‘© Carisbrooke Castle Museum’ unless
otherwise stated on the image. Where space is limited, abbreviations such as ‘©
CCM’ are acceptable. Image captions and Repro ID numbers should be included in
picture credits whenever possible.
8.
Consent:
You must satisfy yourself that all necessary rights, model
releases or consents, which may be required for reproduction, are obtained. We
make no claim or warranty with regard to your use of names, people,
trademarks or copyright material depicted in any image.
9.
Image manipulation:
Images may be cropped, positioned, enlarged or
reduced but must not be changed or manipulated nor the meaning of the original
work distorted. Images must not be altered without our prior written consent.
10.
Third party assignment:
Pictures supplied to the customer and artwork, printing
plates, digital files and film separations using the picture or any part of it
shall not be lent, sold or otherwise circulated to a third party. Reproduction
rights granted are personal to you and are not assignable by you to any third
party. If we agree in writing that you may license use of any CCM image to a
third party, you will ensure by written agreement with the third party that they
are restricted by licence terms forbidding the distribution, copying and further
use of our image(s). You will also ensure the correct credit is given to CCM by
the third party.
11.
Publication voucher:
A complimentary copy of any work in which a CCM image appears
should be provided by you upon publication.
12.
Data protection: The museum will
retain a record of any information you provide about yourself and your order for
rights management and enforcement purposes but, except for such purposes, will
not provide that information to any third party and will otherwise comply with
data protection legislation.
13.
Termination: This agreement will
terminate if the client enters into liquidation, insolvency, or receivership, or
fails to meet obligations under the terms of this agreement, and fails to remedy
these within 30 days of written notice.
14.
Liability: While we take
reasonable care in the performance of this agreement, we shall not be liable for
any loss or damage suffered by you or by any third party arising from the use or
reproduction of any image or its caption.
15.
No waiver: Our failure to
exercise or enforce any of our rights will not be deemed to be a waiver of such
rights nor bar their exercise or enforcement in future.
16.
Governing law: These terms
and conditions are governed by the laws of England
and Wales
and the parties agree to submit to the exclusive jurisdiction of the English
courts.
Please direct any enquiries to The Administrator at: carismus@lineone.net
