TERMS AND CONDITIONS OF USE

 

 

Your Agreement with ImageStoreUK:

Welcome to the ImageStoreUK website. Following are the terms and conditions that govern your use of this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Ripping World Ltd trading as ImageStoreUK ("ImageStoreUK" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE.

Ownership of This Website

This website is owned and operated by Ripping World Ltd trading as ImageStoreUK. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations and software ("Content"), is owned by Ripping World Ltd trading as ImageStoreUK, its licensors and its content providers.

All elements of Ripping World Ltd trading as ImageStoreUK websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with ImageStoreUK or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Ripping World Ltd trading as ImageStoreUK or its licensors unless otherwise expressly agreed. You shall indemnify Ripping World Ltd trading as ImageStoreUK, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.

Ripping World Ltd trading as ImageStoreUK reserves the right to place any image uploaded and expressly owned by a member photographer on the website for potential sale and download. All images remain the express copyright of the Ripping World Ltd trading as ImageStoreUK member photographer at all times.

Ripping World Ltd trading as ImageStoreUK reserves the right to place any image from a commissioned photoshoot on the website for potential sale and download (unless specifically requested otherwise by a client). All images remain the express copyright of Ripping World Ltd trading as ImageStoreUK at all times.

All web images, design and code remain the copyright of ImageStoreUK and may be reused at any time.

Trademarks "ImageStoreUK," are trademarks of Ripping World Ltd or its subsidiaries or its licensors or third-party content providers and are registered or pending in certain countries. For the purposes of this agreement Ripping World Ltd trading as ImageStoreUK may be referred to as: "ImageStoreUK".

Disclaimers THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ImageStoreUK EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ImageStoreUK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ImageStoreUK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Ripping World Ltd trading as ImageStoreUK nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

Ripping World Ltd trading as ImageStoreUK uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the Ripping World Ltd trading as ImageStoreUK website; however, these other websites are not controlled by Ripping World Ltd trading as ImageStoreUK and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Ripping World Ltd trading as ImageStoreUK regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than Ripping World Ltd trading as ImageStoreUK provide services from this website. Ripping World Ltd trading as ImageStoreUK does not evaluate or warrant the offerings or services of these parties, and does not assume any liability for the actions, product, services, or content of these parties.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Ripping World Ltd trading as ImageStoreUK shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Ripping World Ltd trading as ImageStoreUK, such action is necessary or desirable.

No Waiver, Severability
No action of Ripping World Ltd trading as ImageStoreUK, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use prices, information and available contractual licence terms featured on this website without notice. These conditions set out the entire agreement between Ripping World Ltd trading as ImageStoreUK and you relating to your use of this website.

  

  

Conditions of use

By accessing this site (the "Site") you agree to the following terms. By proceeding beyond this page or continuing to use the Site you agree and acknowledge that you do so upon these terms. These conditions of use form an agreement between you and us Ripping World Ltd, 14 London St, Andover, Hants,SP10 2PA, trading as ImageStoreUK ("ImageStoreUK"). We may alter these conditions of use from time to time in our absolute discretion without prior notice to you. Ripping World Ltd trading as ImageStoreUK reserves the right in our absolute discretion to terminate any account, registration or any other relationship you may have with us without notice in the event of a breach of these conditions of use. These conditions of use are governed by English law and any disputes arising out of your use of the Site will be determined in the English courts only. The Site is owned and operated by Ripping World Ltd trading as ImageStoreUK and the information and materials appearing on the Site are made available to you solely for your own personal and business use unless otherwise agreed in writing by Ripping World Ltd trading as ImageStoreUK.

  

All intellectual property rights in, to and in respect of the content, information, data and materials appearing on the Site (including without limitation any copyright in the ImageStoreUK Image Library, text, illustrations and photographs and trade marks, trade names and logos) are and remain the property either of Ripping World Ltd trading as ImageStoreUK or of other third parties who have licenced such intellectual property to Ripping World LTd trading as ImageStoreUK. Ripping World Ltd trading as ImageStoreUK may use such intellectual property to market its services. Ripping World Ltd trading as ImageStoreUK grants to individual users of the Site a non-exclusive personal licence to view and copy details from the Site for their personal and non-commercial use only unless otherwise agreed in writing by Ripping World Ltd trading as ImageStoreUK. Ripping World Ltd trading as ImageStoreUK may revoke this licence at any time without prior notice. None of the information or materials appearing on the Site may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed in any form or by any means without our prior written permission. The USER should should request in writing premission to copy any aspect of this Ripping World Ltd trading as ImageStoreUK website and its content. You agree that you will not arrange for any third party Ripping World Ltd trading as ImageStoreUK web site to be connected to any part of the Site by way of a hyperlink where the content of such third party Ripping World Ltd trading as ImageStoreUK site is profane, obscene, racist, sexist, promotes or is engaged in any illegal activity of any kind or where such third party Ripping World Ltd trading as ImageStoreUK site purports that the content of the Site is the content of that third party Ripping World Ltd trading as ImageStoreUK website. Ripping World Ltd trading as ImageStoreUK reserve the right to remove, for any reason whatsoever, any hyperlink to the Site.

  

Modification of any of the information or materials appearing on the Site or use of any of the same for any purpose other than as set out in these conditions of use (including without limitation on any other Ripping World Ltd trading as ImageStoreUKsite or computer network) is prohibited. You may not use the site to publish, post, distribute or disseminate any material which is or may be defamatory, obscene, indecent, menacing, or racially motivated, or any other unlawful material or information. The information and materials appearing on the Site are provided for your information purposes only and are not intended to address your particular requirements. You should not rely upon any information or ideas contained on the Site when making any decision or taking any action (or when refraining from doing so).

  

Ripping World Ltd trading as ImageStoreUK endeavours to keep the information and materials appearing on the Site as up to date as possible, but Ripping World Ltd trading as ImageStoreUK in no way guarantees that the information on the Site is accurate at all times and Ripping World Ltd trading as ImageStoreUK reserves the right to amend the information at any time without prior notice to you. No information on the Site constitutes an offer to you by us or any third party of any nature. You agree that you use the Site entirely at your own risk and Ripping World Ltd accepts no responsibility whatsoever, and hereby excludes to the full extent permissible by the applicable law, any liability for any loss or damage (including any direct, indirect, incidental or consequential loss, loss of profits or other economic loss of any kind) which may be caused to you, your computer equipment or to any third party by using the Site, save to the extent that any person suffers death or personal injury as a result of our negligence. Ripping World Ltd trading as ImageStoreUK are not responsible for any loss or damage caused by the temporary interruption of the Site due to faults or circumstances outside our control. The Site may contain links to third party Ripping World Ltd trading as ImageStoreUK websites and it is possible that third party Ripping World Ltd trading as ImageStoreUK websites also link to the Site. A link from the Site to a third party Ripping World Ltd trading as ImageStoreUK website does not mean that Ripping World Ltd trading as ImageStoreUK endorse or accept any responsibility for the content or use of that third party Ripping World Ltd trading as ImageStoreUK website. Part of the Site may contain advertising. Ripping World Ltd trading as ImageStoreUK is not responsible for and do not endorse the content of advertisements that are contained on the Site. Ripping World Ltd trading as ImageStoreUK are not responsible for any error or inaccuracy in such advertising material.

  

ImageStoreUK is a trading name of Ripping World Ltd.Registered address: 14 London St, Andover, Hants,SP10 2PA,Registered in England, company registration no-3734709 VAT Reg No:-750 3924 38

  

 All image contributors please refer to the Contributing Member Agreement detailed below

 All image buuyers please refer to the Buyers Image Licence Agreement detailed below

 For Royalty-Free image use refer to the Royalty-Free Image Agreement detailed below

 For Licenced image use refer to the Licenced Image Agreement detailed below

 For Editorial image use refer to the Editorial Image Agreement detailed below

  

  

  

CONTRIBUTING MEMBER AGREEMENT

The following terms and conditions (the "Agreement") set out the relationship and rights of you (the "Registered Member") and Ripping World Ltd, trading as ImageStoreUK, of 14 London St, Andover, Hants,SP10 2PA, ("ImageStoreUK").

1. Definitions

  • 1.1 In this Agreement, the following words and expressions shall be deemed to have the following meanings unless the context requires otherwise:-
    • "Effective Date" means the date you registered with Ripping World Ltd trading as ImageStoreUK;
    • "ImageStoreUK Picture Library" means the images and photographs stored by Ripping World Ltd trading as ImageStoreUK which may be accessed from the Web Site;
    • "Image" means any photograph, image, drawing or other graphic uploaded to Ripping World Ltd trading as ImageStoreUK by the registered Member for inclusion onto the ImageStoreUK Image Library;
    • "Intellectual Property Rights" means all patents, design rights, unpatented inventions, copyrights, moral rights, trade marks, service marks, rights in databases, topography rights, trade names, know-how, rights in trade secrets, and all other intellectual property rights, and all rights of a similar nature or similar effect, whether registered or unregistered throughout the world including all rights and applications to apply for any of the same;
    • "Service" means the inclusion of the Photograph, Image, Graphics or Images by Ripping World Ltd trading as ImageStoreUK in the ImageStoreUK Image Library with a view to organising a licence or licences of that Photograph, Image, Graphic or those Images on behalf of the Registered Member in exchange for a percentage of any resulting sale;
    • "Web Site" means the ImageStoreUK web site operated by Ripping World Ltd trading as ImageStoreUK, located at URL http://www.ImageStoreUK.com.
  • 1.2 In this Agreement:-
    • 1.2.1 headings are included for ease of reading only and shall not affect the substance of this Agreement;
    • 1.2.2 the expressions "ImageStoreUK" and "Member" shall include (where appropriate) their successors in title and permitted assigns; and
    • 1.2.3 references to "Clauses" are, unless otherwise expressly stated, references to the clauses of this Agreement and references to the "parties" or a "party" are references to a party or the parties to this Agreement.

2. Authority

The Registered Member hereby grants to Ripping World Ltd trading as ImageStoreUK and Ripping World Ltd trading as ImageStoreUK hereby accepts a non-exclusive right to display the Photograph, Image, Graphic or Images on the Web Site anywhere in the world and to use the Photograph, Image, Graphic or Images in promoting the Ripping World Ltd trading as ImageStoreUK and the right to agree the terms of and conclude with third parties on behalf of the Registered Member licence(s) of the Registered Member's Photograph, Image, Graphic or Images.

3. Registered Member's Undertakings

The Registered Member hereby undertakes and agrees as follows:-

  • 3.1 not, without the express prior written consent of Ripping World Ltd trading as ImageStoreUK, to disclose the Registered Member private username or password(s), nor make the private username or password(s) available in any way to any third party and to take all sensible and reasonable precautions to prevent any unauthorised disclosure of said userame and password(s);
  • 3.2 that the Registered Member is responsible for all Photographs,Images, or Graphics submitted to Ripping World Ltd trading as ImageStoreUK by the use of the Registered Member username and password(s) regardless of whether or not use is made by the Member or another person using said usernames and passwords;
  • 3.3 that it will not:-
    • 3.3.1 use the Ripping World Ltd trading as ImageStoreUK, Image Library for any unlawful or immoral purpose; or
    • 3.3.2 in any way attempt to interfere with or interrupt the day to day operations of the Ripping World Ltd trading as ImageStoreUK Image Library or the Web Site.
    • 3.3.3 refer or hyperlink by means of credits,keywords or captions to anoy other photographic web sites without the consent in writing of Ripping World Ltd trading as ImageStoreUK.
  • 3.4 that all information which may be input into the online forms relating to the title, caption and keywords associated with an Photograph,Image or Graphic shall be a truthful description of and an accurate description of the Photograph, Image or Graphic with which the title, caption and keyword boxes are associated. They shall contain nothing which is immoral, defamatory, racist, obscene, pornographic, threatening, unlawful or misleading.

4. The ImageStoreUK right to reject Images

  • 4.1 Ripping World Ltd trading as ImageStoreUK may, without prejudice, refuse to include any Image in the ImageStoreUK Image Library.
  • 4.2 Ripping World Ltd trading as ImageStoreUK has the absolute right at its discretion to decline to publish, or to remove, or to suspend, omit or cancel, any photograph, image or graphic from the ImageStoreUK Image Library.
  • 4.3 The Registered Member understands that Ripping World Ltd trading as ImageStoreUK is an 'Edited' photo library, and images deemed to be unsuitable for sale will be rejected at the decision of the ImageStoreUK editor. The editors descision on the acceptance of any image and it's placement as a 'premium', 'royalty-free' or 'licenced' image is not open to appeal. The editor's decision is final.
  • 4.4 The Registered Member acknowledges that Ripping World Ltd trading as ImageStoreUK has not made any guarantees with respect to usage and administration information for any photograph, image or graphic.

5. Sales Fees

  • 5.1 If Ripping World Ltd trading as ImageStoreUK arranges the sale of an Image (which is not guaranteed) then within 30 days of ImageStoreUK receiving, in cleared funds, the sale fee in respect of the photographer, images or graphics the Member will be paid by ImageStoreUK 55% of the sale fee. ImageStoreUK will retain the other 45% of the sale fee as its own fee for arranging the sale.
  • 5.2 Unless otherwise agreed in writing by the parties this Agreement will automatically terminate in the event that the Member does not receive the proportion of the licence fee referred to Clause 5.1 above within 30 days of such licence fee falling due to be paid to the Member.
  • 5.3 Ripping World Ltd trading as ImageStoreUK shall pay the Registered Member via the Registered Member's PayPal account unless otherwise agreed between the parties. It is the Registered Member's duty to set up a PayPal account to facilitate payment into the Registered Member's PayPal account by Ripping World Ltd trading as ImageStoreUK.

6. Supply of Photographs, Images and Graphics

The Registered Member will provide all Photographs, Images and Graphics (plus required metadata) in accordance with any technical requirements, instructions and other specifications of ImageStoreUK. Ripping World Ltd trading as ImageStoreUK will not be required to publish any Image that has not been received in accordance with any such requirements, specifications and instructions. Ripping World Ltd trading as ImageStoreUK will not be liable for the loss or corruption of any materials provided by the Registered Member.

7. Indemnity

The Registered Member agrees promptly and fully, to indemnify Ripping World Ltd trading as ImageStoreUK and its agents, employees, officers and directors and hold them harmless from and against any and all liabilities, claims, expenses, damages, costs and losses of any kind (including reasonable legal fees and costs) suffered or incurred by Ripping World Ltd trading as ImageStoreUK or any of its employees, officers, agents and directors in connection with any claims, proceedings, demands or actions (actual or threatened), of any kind (including, without limitation, any claim of trade mark or copyright infringement, libel, breach of confidentiality, defamation, breach of any statutory or regulatory duty, arising from any Photograph, Image, Graphic and/or any other material of the Registered Member or arising as a result of any breach or non-performance of any of its obligations, representations, warranties, or other terms contained in this Agreement or implied by law.

8. Limitation of Liability

  • 8.1 Save in respect of liability for death or personal injury arising as a result of negligence by Ripping World Ltd trading as ImageStoreUK, ImageStoreUK's total aggregate liability howsoever arising under or in connection with this Agreement whether in respect of a single occurrence or a series of occurrences, shall not exceed the total of the amounts paid and payable by the Registered Member under this Agreement.
  • 8.2 In no event will Ripping World Ltd trading as ImageStoreUK be liable for any claims, demands, costs, expenses and/or damages arising out of or in connection with the content of the Images.
  • 8.3 In no event will Ripping World Ltd trading as ImageStoreUK be responsible for any consequential, indirect, incidental, extraordinary or economic loss of any kind including without limitation loss of contracts, revenues, profits, business, production, or goodwill arising out of or in connection with this Agreement or as a result of Ripping World Ltd trading as ImageStoreUK's negligence or otherwise, even if such loss was reasonably foreseeable or Ripping World Ltd trading as ImageStoreUK had been advised to the possibility of the Registered Member incurring the same, and such liability is hereby excluded to the fullest extent permitted by law.
  • 8.4 The Registered Member acknowledges that the Web Site and the Ripping World Ltd trading as ImageStoreUK Image Library operates in an Internet, World Wide Web based and constantly developing environment. The Registered Memeber understands that due to the nature of the Internet and the World Wide Web (including all its associated systems), problems such as, but not limited to, outages, power difficulties, link failures, network overload, connection outages, etc, may cause operational difficulties with the operation of the Web Site. Whilst Ripping World Ltd trading as ImageStoreUK will generally strive to mitigate, if possible, the negative effect of such problems, Ripping World Ltd trading as ImageStoreUK will not, in any way, be held liable in any manner for loss(es) suffered as a result of any such operational difficulties.
  • 8.5 The Registered Member agrees that all the limitations and exclusions of liability in favour of Ripping World Ltd trading as ImageStoreUK in this Agreement, are reasonable in the circumstances under which the Service is provided.
  • 8.6 The Registered Member confirms that neither Ripping World Ltd trading as ImageStoreUK nor any of its representatives has made any claims or representations of guaranteed or anticipated profits that may result from the use of the service. Ripping World Ltd trading as ImageStoreUK expressly disclaims liability for any chashflow/profit or sales projections which may have been provided to, or created by the Registered Member in anticpation of sales income derived from ImageStoreUK.

9. Term of agreement

  • 9.1 The term of this Agreement is three months from the registration date. Thereafter this Agreement shall automatically renew for successive three month periods. Either party may, at any time, on giving to the other not less than 30 days written notice before the next renewal date, terminate this agreement.
  • 9.2 Either party may, by written notice to the other, terminate this Agreement with immediate effect if the other party breaches this Agreement. A remidal breach must be recitified within 5 days, else the Agreement will be terminated with immediate effect.
  • 9.3 On termination of this Agreement by Ripping World Ltd trading as ImageStoreUK the images uploaded by the Registered Member will be suspended from the photo library and will be held by ImageStoreUK for 90 days before being finally removed. This is in order to fulfil any oustanding sales.
  • 9.4 On termination of this Agreement by the Registered Member it is the Member's responsibility to remove the images from the photo library on ImageStoreUK.

10. No Partnership

There is nothing in this Agreement that shall be deemed to create any joint venture, partnership or business syndicate between the parties hereto. Ripping World Ltd trading as ImageStoreUK is authorised to act as the agent for the Registered Member in accordance with the terms and conditions of this Agreement. There is nothing in this Agreement that shall be deemed or construed to constitute the Registered Member or any of its officers or employees to act as the agent or legal representative of Ripping World Ltd trading as ImageStoreUK for any reason whatsoever. The Registered Member is in no way hereby granted any right or authority to act for, or to incur, responsibility or liability, assume or create any obligation, express or implied, in the name of or on behalf of Ripping World Ltd trading as ImageStoreUK or to bind Ripping World Ltd trading as ImageStoreUK in any manner whatsoever.

11. No Assignment

The Registered Member may not resell, transfer, assign, encumber or otherwise deal with any of Ripping World Ltd trading as ImageStoreUK's rights or obligations hereunder without the express prior written consent of Ripping World Ltd trading as ImageStoreUK and any attempt to do so will entitle ImageStoreUK to terminate this Agreement without prejudice to Ripping World Ltd trading as ImageStoreUK.

12. Waiver

No waiver (whether express or implied) by either of the parties hereto of any of the provisions of this Agreement or of any breach of or default by the other party in performing any of those provisions shall constitute a continuing waiver and no such waiver shall prevent the waiving party from enforcing any of the provisions of this Agreement or from acting upon any subsequent breach of or default by the other party under any of the provisions of this Agreement.

13. Notices

All notices shall be made in writing and sent by e-mail, prepaid first class post, by facsimile, or delivered by hand to the address of the recipient party set out in this Agreement (or to such other address as each party may from time to time notify in writing to the other party). Any notice served by facsimile or e-mail shall be deemed served at the time of transmission provided that a confirmatory receipt of transmission has been made and provided that if any such notice would otherwise be deemed to be served outside working hours on the next business day. Any notice served by post shall be deemed to be served two business days after the date of posting and any notice delivered by hand, upon delivery.

14. Further Assurance

The Registered Member agrees to execute and deliver to Ripping World Ltd trading as ImageStoreUK as appropriate all such other documents, assurances and acts as may be reasonably necessary to fulfil the provisions of this Agreement or to carry into effect the intentions of the parties as expressed herein.

15. Severability

If any one or more of the provisions contained in this Agreement shall be deemed by any Court or other competent authority to be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

16. Force Majeure

Neither party shall be liable to the other party for any breach or non-performance of its obligations under this Agreement arising from any event beyond its reasonable control (an "Event of Force Majeure") including, but not limited to, Act of God, governmental act, war, fire, drought, failure of power supply, lock out, strike, explosion, accident, civil commotion, refusal of any licence by any telecommunications body, impossibility or delay in obtaining materials or telephone lines. Each party agrees to notify the other party immediately upon becoming aware of an Event of Force Majeure and to use all reasonable endeavours to overcome the circumstances affecting its performance and fulfil all outstanding obligations as soon as practicable.

17. Entire Agreement

This Agreement sets out the entire agreement and understanding between the parties and supersedes all previous agreements, arrangements, understandings and commitments and the Member confirms that it is not accepting the terms and conditions of this Agreement or any of the arrangements contemplated hereby in reliance upon any representation or warranty not expressly set out in this Agreement (save that no liability for fraudulent misrepresentation is excluded by this provision).

18. Third Party Rights

No person who is not a party to this Agreement shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

19. Proper law and jurisdiction

This Agreement is governed by and shall be construed in accordance with English law and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts.

  

  

  

LICENCE AGREEMENT

These terms and conditions together with the relevant Information set out the terms on which the Photograph, Graphic or Image(s) is licenced to you (the "licencee") by Ripping World Ltd trading as ImageStoreUK acting as an agent for the Registered Member.

1. Definitions and Interpretation

  • 1.1 In this Licence, unless the context otherwise requires, the following words and expressions shall have the following meanings:
    • "Effective Date" means the date on which this Licence comes into effect pursuant to Clause 5;
    • "Fees" means the fees payable by the licencee to Ripping World Ltd trading as ImageStoreUK in accordance with Clause 6 and as more particularly described in the Specification;
    • "ImageStoreUK" means Ripping World Ltd, trading as ImageStoreUK, of 14 London St, Andover, Hants,SP10 2PA.
    • "ImageStoreUK Image Library" means the database of Photographs, Images and Graphics compiled by Ripping World Ltd trading as ImageStoreUK which may be viewed by visiting the web site www.ImageStoreUK.com;
    • "Image" means any photograph, image, graphic or other pictorial representation which forms part of the ImageStoreUK Image Library;
    • "Member" means the owner of the Photograph, Image, Graphic or Images which are the subject of this Licence;
    • "Specification" means the licence specification in relation to a Photograph, Image, Graphic or Images which may be submitted to ImageStoreUK from time to time by the licencee for acceptance by Ripping World Ltd trading as ImageStoreUK which specifies the use of that Photograph, Image or Graphic, the term of the licence granted, the fee payable to Ripping World Ltd trading as ImageStoreUK by the licencee in respect of that Licence, any territorial restrictions on the grant of the licence and any special conditions which may be agreed between the parties and which together with these terms and conditions shall form the Licence;
    • "Term" means the term of this licence set out in the relevant Specification.
  • 1.2 In this Licence:
    • 1.2.1 headings are included for convenience only and shall not affect the construction of this Licence;
    • 1.2.2 references to "Clauses" are, unless otherwise expressly stated, references to the clauses of this Licence and references to the "parties" or a "party" are reference to a party or the parties to this Licence.

2. Grant

  • 2.1 In consideration of and subject to the payment by the licencee of the Fees and the performance by the licencee of all the other obligations of the licencee set out in this Licence, the Registered Member hereby grants to the licencee a non-exclusive, non-transferable right to reproduce and use the Photograph, Graphic or Image(s) in accordance with the Specification and subject to and upon the terms of this Licence.
  • 2.2 This Licence is personal to the licencee and the licencee may not further sub-contract, assign, sub-licence or otherwise deal with any of its rights under this Licence and any attempt to do so will entitle the Registered Member to terminate this Licence without prejudice to the Registered Member's other rights and remedies.

3. Specific Request

From time to time the licencee may submit a Specific Request to Ripping World Ltd trading as ImageStoreUK. An authorised representative of the licencee may submit a Specific Request to Ripping World Ltd trading as ImageStoreUK. The Specific Request becomes agreeable by both parties once it has been accepted by confirmatory e-mail sent by Ripping World Ltd trading as ImageStoreUK on behalf of the Registered Member.

4. licencee's Undertakings

The licencee shall:

  • 4.1 not make any unathorised alterations or modifications to the Photograph, Graphic or Image;
  • 4.2 use the Photograph, Graphic or Image solely in accordance with the Specification and these terms and conditions;
  • 4.3 not permit any third party to use the Photograph, Graphic or Image for any purpose whatsoever; and
  • 4.4 promptly notify Ripping World Ltd trading as ImageStoreUK, in writing, of any actual, threatened or suspected action by any third party or parties which may constitute or is likely to constitute an infringement of any of the Registered Member's rights in the Image.

5. Term and Termination

This Licence shall commence from the date on which Ripping World Ltd trading as ImageStoreUK accepts the relevant Specification on behalf of the Registered Member in accordance with Clause 3 and shall continue in full force and effect, subject to earlier termination in accordance with the provisions of this Licence, for the Term.

6. Payment

  • 6.1 The licencee will pay to Ripping World Ltd trading as ImageStoreUK the Fee for the grant of this Licence including VAT (where applicable) on any amounts due at the frequency set out in the Specification.
  • 6.2 Photographs, Graphics and Images may not be used by the licencee until payment has been received by Ripping World Ltd trading as ImageStoreUK in cleared funds.
  • 6.3 In the event that any payment is not made by the due date, Ripping World Ltd trading as ImageStoreUK reserves the right to charge interest on the amount outstanding at the rate of 4% above the then current base rate of the Bank of England, accruing from day to day (including the day on which payment was due) from the due date up to the date of actual payment, after as well as before judgment, and any such interest shall be payable on demand.
  • 6.4 In the event of any failure by the licencee to make payment, the licencee will be responsible for all expenses (including legal fees) incurred by Ripping World Ltd trading as ImageStoreUK in recovering such payment.

7. Limitation of Liability

  • 7.1 Save in respect of liability for death or personal injury arising as a result of the Registered Member's negligence, the Registered Member's total aggregate liability howsoever arising under or in connection with this Licence, any Specification and the publication of any Photograph, Graphic or Images whether in respect of a single occurrence or series of occurrences, shall not exceed the total of the amounts paid and payable by the licencee under this Licence.
  • 7.2 In no event will the Registered Member be responsible for any consequential, indirect, incidental, special or economic loss of any kind including without limitation loss of revenues, profits, business, contracts, goodwill, production or anticipated savings arising out of or in connection with this Licence.

8. Entire Agreement

This Licence together with the Specification set out the entire agreement and understanding between the parties and supersedes all previous agreements, arrangements, understandings and commitments and the licencee confirms that it is not placing the Specification or accepting this Licence or any of the arrangements contemplated hereby in reliance upon any representation or warranty not expressly set out in this Licence (save that no liability for fraudulent misrepresentation is excluded by this provision).

9. Waiver

No waiver (whether express or implied) by either of the parties hereto of any of the provisions of this Licence or of any breach of or default by the other party in performing any of those provision shall constitute a continuing waiver and no such waiver shall prevent the waiving party from enforcing any of the provisions of this Licence or from acting upon any subsequent breach of or default by the other party under any of the provisions of this Licence.

10. No Partnership

Nothing in this Licence shall or shall be deemed to create any partnership or joint venture between the parties hereto. Nothing in this Licence shall be deemed or construed to constitute either party or any of its officers or employees the agent or legal representative of the other party for any reason whatsoever except only as and to the extent specifically stated in this Licence and, except as so stated, neither party is hereby granted any right or authority to act for, or to incur, assume or create any obligation, responsibility or liability, express or implied, in the name of or on behalf of the other party or to bind the other party in any manner whatsoever.

11. Severability

If any one or more of the provisions contained in this Licence shall be deemed by any Court or other competent authority to be invalid, illegal or unenforceable in any respect the validity, legality and enforceability of the remaining provisions of this Licence shall not in any way be affected or impaired thereby.

12. Force Majeure

Neither party shall be liable to the other party for any breach or non-performance of it obligations under this Licence arising from any event beyond its reasonable control (an "Event of Force Majeure") including, but not limited to, Act of God, governmental act, war, fire, drought, failure of power supply, lock out, strike, explosion, accident, civil commotion, refusal of any licence by any telecommunications body, impossibility or delay in obtaining materials or telephone lines. Each party agrees to notify the other party immediately upon becoming aware of an Event of Force Majeure and to use all reasonable endeavours to overcome the circumstances affecting its performance and fulfil all outstanding obligations as soon as practicable.

13. Proper Law and Jurisdiction

This Licence and the Specification are governed and shall be construed in accordance with English law and the parties hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts.

Picture buyers

To buy any picture from ImageStoreUK for any use, simply search for an image, add your image to your image basket, pay online (or register for a corporate account), then download your image(s) as a zip file.

If you're planning to buy images on a regular basis, we recommend you open a Corporate Account.

Or call our sales team on 01264 848 056.

Picture sellers

ImageStoreUK membership is free. ImageStoreUK is aimed at professional and semi-professional photographers and designers. Registered members can mass-upload their photographs, graphic and images. Once approved the photographs, images and graphics will appear for sale on the image library. When a sale is made the registered member gets 55% of the net sales receipts. The registered member always retains copyright of their photographs, graphics amd images.

About ImageStoreUK

Ripping World Ltd trading as ImageStoreUK is an internet based image library. Ripping World Ltd trading as ImageStoreUK markets participating members' photographs, graphics and image rights so they can derive and income from their picture collections.

Picture buyers can search for and purchase high quality images from professional and semi-professional photographers, artists and graphic designers at competitive fees.

  

  

  

Royalty-Free image use Terms and conditions

This is a legal agreement between Ripping World Ltd trading as ImageStoreUK ("ImageStoreUK") and yourself or your company, firm or other organisation ("you"). Ripping World Ltd trading as ImageStoreUK has been appointed agent by its Registered Members to grant this Licence on their behalf.

Please read this agreement carefully in its entirety before you download or use any photograph, graphic or image. By confirming the purchase of the photograph, graphic or image(s) or downloading the photograph, graphic or image(s) you have selected from the ImageStoreUK website you agree to be bound by the terms of this agreement (the "Agreement") and the usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused photograph, graphic or image(s) and notify Ripping World trading as ImageStoreUK by email to the following address: sales@ImageStoreUK.com within seven days from the invoice date for a full refund.

  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 photograph, graphic or image(s) or their agent(s) who have submitted the photograph, graphic or image(s) to Ripping World Ltd trading as ImageStoreUK.
    "ImageStoreUK"
    Means Ripping World Ltd trading as ImageStoreUK.
    "Invoice"
    Means the invoice provided by Ripping World Ltd trading as ImageStoreUK upon an image purchase that may include, without limitation, details of the photograph, graphic or image(s) 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 photograph, graphic or 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 Ripping World Ltd trading as ImageStoreUK grants to you to use the photograph, graphic or image(s).
    "Reproduction"
    Includes any form of copying or publication of the whole or part of any photograph, graphic or image whether by digital printing, printing, electronic, slide projection or other display (whether or not to an audience), 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 photograph, graphic or image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting photograph, graphic or image may not appear to a reasonable person to be derived from the original photograph, graphic or 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 photograph, graphic or image.
    "Licence Fee"
    Means any sum or sums payable to Ripping World Ltd trading as ImageStoreUK by you in respect of the Licence.

  2. Contracting parties

    The parties to this contract are Ripping World Ltd trading as ImageStoreUK and yourself. Ripping World Ltd trading as ImageStoreUK has been appointed agent by its registered members to grant this Licence on their behalf.

  3. Grant of rights and restrictions

    1. Ripping World Ltd trading as ImageStoreUK grants to you a non-exclusive and non-assignable right to Reproduce the photograph, graphic or image(s) on a worldwide and perpetual basis solely as part of the following (or as otherwise agreed in writing by ImageStoreUK):

      1. advertising and promotional materials (including packaging);
      2. internet or other electronic distribution systems (including web page design, but subject to clause 3.3) up to a maximum resolution of 72 dpi;
      3. broadcasts or theatrical exhibition;
      4. any products (including for-sale products) or publications (electronic or print), subject to clause 3.3; and/or
      5. materials for personal, non-commercial use and test or sample use, including comps and layouts. Please note, not all of ImageStoreUK’s Images have Model or Property Releases. It is YOUR responsibility to check that the photographs, images or graphics you purchase have all the necessary model or property release forms(see clause 8.3 below).

    2. You may alter, crop, manipulate and create derivative works from the photograph, graphic or image(s).

    3. If you are a third-party intermediary (for example a design, marketing or advertising agency) you may not re-sell, sub contract, sublicence, renegotiate, assign, convey or transfer this Agreement or any of the rights under this Agreement. However, you may purchase a licence (on behalf of your client) for any photograph, graphic or image as part of a client project (for example a marketing campaign). Should your clients wish to incorporate the photograph, graphic or image in their own work they should contact ImageStoreUK to purchase a licence.

    4. The photograph, graphic or image(s) if stored by yourself must retain the copyright symbol, the name of ImageStoreUK, the Image(s)’ identification numbers and any other information as may be invisibly embedded in the electronic files (e.g metadata) containing the original photograph, graphic or image(s).

    5. You may not use the photograph, graphic or image(s) in a obscene, defamatory, fraudulent, pornographic, lewd, 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.

    6. No more than twelve (12) specific persons from the same organisation, company or corporation may access the purchased photograph, graphic or image(s) at the same time. An extension to the licence must be negotiated with Ripping World Ltd trading as ImageStoreUK, if more that twelve people are to access a purchased photograph, graphic or images at the same time.

    7. The photograph, graphic or image(s) may not be redistributed by a mobile network device (e.g phone) in a manner that would allow any third party to access or download the photograph, graphic or image(s) without a licence.

    8. You must not incorporate a photograph, graphic or images (or any part of them) into a logo, trade mark or service mark.

    9. If any photograph, graphic or image featuring a model is used in (i) in such a way that a reasonable person would consider that model to be endorsing a product or service, or (ii) if the depiction of the model in the Image could be considered by a sensible third person, to be unduly controversial, or unflattering, there must ba a statement alongside the photograph, graphic of image indicating that the person is a model and the photograph, graphic or image is being used for illustrative purposes only.

    10. The photograph, graphic or image(s) may not be resold, sublicenced or made available for downloading, use or distribution separately from the agreed licenced use. As an example, the photograph, graphic or image(s) may be used as an integral part of a client project (e.g advertising poster or web design). However you may not make the photograph, graphic or image available for downloading or use, as a seperate identity. You may make a photograph, graphic or image(s) available to one of your own clients as part of a project. Your client may not use the photograph, graphic or image outside the scope of the original project or purchased licence.

    11. Ripping World Ltd trading as ImageStoreUK does not warrant the accuracy of any information, including the captioning, keywording and metadata associated with the photograph, graphic or image(s).

    12. You must abide by any restriction on use notified to you by Ripping World Ltd trading as ImageStoreUK before, after or at the time of delivery of the photograph, graphic or image(s), either in the information accompanying the photograph, graphic or image(s), the Invoice, an email or other form of communication.

    13. Ripping World Ltd trading as ImageStoreUK, after 30 day notice, may inspect any accounts, books or records, that relate to the Reproduction of any photograph, graphic or image(s) to ensure useage of the photograph, graphic or image(s) in accordance with this Agreement.

  4. Copyright issues

    The copyright of the photograph, graphic or image, remains at all times, with the original artist. At no time will the ownership or copyright of any photograph, graphic or image(s) pass to you by the issue of the Licence. The credit line "(Photographer’s or Agency’s name)/ImageStoreUK", or any other credit line specified by ImageStoreUK, must be included if any photograph, graphic or image reproduced by you is used editorial purposes (i.e., for any non-marketing or advertising purpose). An additional fee of twenty five percent (25%) of the original invoice with regards to the photograph, graphic or image, shall be payable by you if a credit line is omitted.

  5. Warranty and limitation of liability

    1. Ripping World Ltd trading as ImageStoreUK guarantees that should any photograph, graphic or image be defective, so long as Ripping World Ltd trading as ImageStoreUK is notified in writing to ImageStoreUK within thirty (30) days from the date of invoice of the photograph, graphic or image(s), then Ripping World Ltd trading as ImageStoreUK will either replace the photograph, graphic or image(s) with a defect free version of the Image free from defect or refund the Licence Fee to the amount of the value of the defective photograph, graphic or image, at ImageStoreUK’s choice.

    2. Ripping World Ltd trading as ImageStoreUK makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Ripping World Ltd trading as ImageStoreUK nor its contributors shall 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 Ripping World Ltd trading as ImageStoreUK, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Ripping World Ltd trading as ImageStoreUK has been advised of the possibility of such damages, costs or losses. ImageStoreUK’s maximum liability arising out of or in connection with your use of or inability to use the photograph, graphic or image (whether in contract or otherwise) shall, to the extent permitted by law, be limited to three(3) times the value paid by you for the relevant photograph, graphic or image.

    3. The terms of clause 5.ii 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 Ripping World Ltd trading as ImageStoreUK or any of its employees, agents or otherwise. Each provision of clause 5.ii 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. Indemnity

    You agree to indemnify and hold Ripping World Ltd trading as ImageStoreUK and its registered members harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any photograph, graphic or image supplied to you by ImageStoreUK, on behalf of the registered member, or any other breach by you of any of your obligations under this Agreement.

  7. Payment

    A photograph, graphic or image many not be reproduced until after full payment has been received by Ripping World Ltd trading as ImageStoreUK. Reproducing a photograph, graphic or image before payment has been received by ImageStoreUK constitutes a breach of this Agreement. Such a breach entitles ImageStoreUK to immediately terminate this Agreement and also constitutes an infringement of copyright.

  8. Release information

    1. Ripping World Ltd trading as ImageStoreUK gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).

    2. Ripping World Ltd trading as ImageStoreUK 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.

    3. You must satisfy yourself that all model or property Releases as may be required for Reproduction of the photograph, graphic or image(s) have been secured. You are solely responsible for obtaining all such Releases.The Licence is conditional in each case on you obtaining the relevant Releases for each photograph, graphic or image(s). It is your responsibility to consult the relevant parties, if you are uncertain as to whether any Releases are needed for your photograph, graphic or image(s) useage. You shall not rely upon any representation or warranty given by Ripping World Ltd trading as ImageStoreUK employees or representatives save as set out in this Agreement. >A photograph, graphic or images marked 'editorial' on the ImageStoreUK website is deemed to be suitable for editorial use only.

  9. Licence fee

    Use of a photograph, graphic or 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 photograph, graphic or image(s) you may cancel the Licence within 30 days from the date of the Invoice by sending ImageStoreUK an email with notification of the cancellation to the following address: sales@ImageStoreUK.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 any right to publish, reproduce or use the photograph, graphic or image(s) in any manner whatsoever.

  11. Interest on overdue invoices and reasonable recovery costs

    1. Unless otherwise agreed by us in writing, all Invoices are payable by you within 30 days.

    2. If you do not make full payment of an Invoice within the 30 day period, Ripping World Ltd trading as ImageStoreUK reserves 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 photograph, graphic or image(s) for any possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Subject to clause 5.1, Ripping World Ltd trading as ImageStoreUK 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

    You are advised to maintain a copy of your ImageStoreUK account information and details of the photograph, graphic or image(s) purchased. Due to the nature of internet web applications and server provision, downtime and lost transmissions may occur as part of routine maintenance, or issues with internet connection.

  14. Miscellaneous terms

    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.

    2. No variation of any of these Terms shall be effective unless in writing and signed by Ripping World Ltd trading as ImageStoreUK and you. No action of Ripping World Ltd trading as ImageStoreUK, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Ripping World Ltd trading as ImageStoreUK 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.

    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.

    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 ImageStoreUK 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 Ripping World Ltd trading as ImageStoreUK in respect of all reasonable legal fees and costs incurred by Ripping World Ltd trading as ImageStoreUK in relation thereto.                                                                                 

    15.   

      

      

    Licenced image use Terms and conditions

    This is a legal agreement between Ripping World Ltd trading as ImageStoreUK ("ImageStoreUK") and yourself or your company, firm or other organisation ("you"). Ripping World Ltd trading as ImageStoreUK has been appointed agent by its Registered Members to grant this Licence on their behalf.

    Please read this agreement carefully in its entirety before you download or use any photograph, graphic or image. By confirming the purchase of the photograph, graphic or image(s) or downloading the photograph, graphic or image(s) you have selected from the ImageStoreUK website you agree to be bound by the terms of this agreement (the "Agreement") and the usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused photograph, graphic or image(s) and notify Ripping World trading as ImageStoreUK by email to the following address: sales@ImageStoreUK.com within seven days from the invoice date for a full refund.

    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 photograph, graphic or image(s) or their agent(s) who have submitted the photograph, graphic or image(s) to Ripping World Ltd trading as ImageStoreUK.
      "ImageStoreUK"
      Means Ripping World Ltd trading as ImageStoreUK.
      "Invoice"
      Means the invoice provided by Ripping World Ltd trading as ImageStoreUK upon an image purchase that may include, without limitation, details of the photograph, graphic or image(s) 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 photograph, graphic or 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 Ripping World Ltd trading as ImageStoreUK grants to you to use the photograph, graphic or image(s).
      "Reproduction"
      Includes any form of copying or publication of the whole or part of any photograph, graphic or image whether by digital printing, printing, electronic, slide projection or other display (whether or not to an audience), 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 photograph, graphic or image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting photograph, graphic or image may not appear to a reasonable person to be derived from the original photograph, graphic or 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 photograph, graphic or image.
      "Licence Fee"
      Means any sum or sums payable to Ripping World Ltd trading as ImageStoreUK by you in respect of the Licence.

    2. Contracting parties

      The parties to this contract are Ripping World Ltd trading as ImageStoreUK and yourself. Ripping World Ltd trading as ImageStoreUK has been appointed agent by its registered members to grant this Licence on their behalf.

    3. Copyright issues

      The copyright of the photograph, graphic or image, remains at all times, with the original artist. At no time will the ownership or copyright of any photograph, graphic or image(s) pass to you by the issue of the Licence. The credit line "(Photographer’s or Agency’s name)/ImageStoreUK", or any other credit line specified by ImageStoreUK, must be included if any photograph, graphic or image reproduced by you is used editorial purposes (i.e., for any non-marketing or advertising purpose). An additional fee of twenty five percent (25%) of the original invoice with regards to the photograph, graphic or image, shall be payable by you if a credit line is omitted.

    4. Warranty and limitation of liability

      1. Ripping World Ltd trading as ImageStoreUK guarantees that should any photograph, graphic or image be defective, so long as Ripping World Ltd trading as ImageStoreUK is notified in writing to ImageStoreUK within thirty (30) days from the date of invoice of the photograph, graphic or image(s), then Ripping World Ltd trading as ImageStoreUK will either replace the photograph, graphic or image(s) with a version of the Image free from defect or refund the Licence Fee to the amount of the value of the defective photograph, graphic or image, at ImageStoreUK’s choice.

      2. Ripping World Ltd trading as ImageStoreUK makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Ripping World Ltd trading as ImageStoreUK nor its contributors shall 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 Ripping World Ltd trading as ImageStoreUK, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Ripping World Ltd trading as ImageStoreUK has been advised of the possibility of such damages, costs or losses. ImageStoreUK’s maximum liability arising out of or in connection with your use of or inability to use the photograph, graphic or image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to three(3) times the value paid by you for the relevant photograph, graphic or image.

      3. The terms of clause 5.ii 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 Ripping World Ltd trading as ImageStoreUK or any of its employees, agents or otherwise. Each provision of clause 5.ii 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.

    5. Payment

      A photograph, graphic or image many not be reproduced until after full payment has been received by Ripping World Ltd trading as ImageStoreUK. Reproducing a photograph, graphic or image before payment has been received by ImageStoreUK constitutes a breach of this Agreement. Such a breach entitles ImageStoreUK to immediately terminate this Agreement and also constitutes an infringement of copyright.

    6. Indemnity

      You agree to indemnify and hold Ripping World Ltd trading as ImageStoreUK and its registered members harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any photograph, graphic or image supplied to you by ImageStoreUK, on behalf of the registered member, or any other breach by you of any of your obligations under this Agreement.

    7. Release information

      1. Ripping World Ltd trading as ImageStoreUK gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).

      2. Ripping World Ltd trading as ImageStoreUK 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.

      3. You must satisfy yourself that all model or property Releases as may be required for Reproduction of the photograph, graphic or image(s) have been secured. You are solely responsible for obtaining all such Releases.The Licence is conditional in each case on you obtaining the relevant Releases for each photograph, graphic or image(s). It is your responsibility to consult the relevant parties, if you are uncertain as to whether any Releases are needed for your photograph, graphic or image(s) useage. You shall not rely upon any representation or warranty given by Ripping World Ltd trading as ImageStoreUK employees or representatives save as set out in this Agreement. >A photograph, graphic or images marked 'editorial' on the ImageStoreUK website is deemed to be suitable for editorial use only.

    8. Licence fee

      The Licence fee is dependant upon the type of useage requested. Thus, the value of the fee is dependant upon the rights granted for the photograph, graphic or image(s). You are responsible for informing Ripping World Ltd trading as ImageStoreUK of any changes in the useage of a photograph, graphic or image(s) that may affect the rights-granted. In such an instance, a new licence must be negotiated with Ripping World Ltd trading as ImageStoreUK. Use of a photograph, graphic or 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.

    9. Licence cancellation

      Provided you have not used the photograph, graphic or image(s) you may cancel the Licence within 30 days from the date of the Invoice by sending ImageStoreUK an email with notification of the cancellation to the following address: sales@ImageStoreUK.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 any right to publish, reproduce or use the photograph, graphic or image(s) in any manner whatsoever.

    10. Interest on overdue invoices and reasonable recovery costs

      1. Unless otherwise agreed by us in writing, all Invoices are payable by you within 30 days.

      2. If you do not make full payment of an Invoice within the 30 day period, Ripping World Ltd trading as ImageStoreUK reserves 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.

    11. Condition of images

      You should make sure that you examine the photograph, graphic or image(s) for any possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Subject to clause 5.1, Ripping World Ltd trading as ImageStoreUK 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.

    12. Downtime

      You are advised to maintain a copy of your ImageStoreUK account information and details of the photograph, graphic or image(s) purchased. Due to the nature of internet web applications and server provision, downtime and lost transmissions may occur as part of routine maintenance, or issues with internet connection.

    13. Miscellaneous terms

      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.

      2. No variation of any of these Terms shall be effective unless in writing and signed by Ripping World Ltd trading as ImageStoreUK and you. No action of Ripping World Ltd trading as ImageStoreUK, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Ripping World Ltd trading as ImageStoreUK 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.

      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.

      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 ImageStoreUK 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 Ripping World Ltd trading as ImageStoreUK in respect of all reasonable legal fees and costs incurred by Ripping World Ltd trading as ImageStoreUK in relation thereto.                                                                                 

      14.   

        

        

      Editorial image use Terms and conditions

      This is a legal agreement between Ripping World Ltd trading as ImageStoreUK ("ImageStoreUK") and yourself or your company, firm or other organisation ("you"). Ripping World Ltd trading as ImageStoreUK has been appointed agent by its Registered Members to grant this Licence on their behalf.

      Please read this agreement carefully in its entirety before you download or use any photograph, graphic or image. By confirming the purchase of the photograph, graphic or image(s) or downloading the photograph, graphic or image(s) you have selected from the ImageStoreUK website you agree to be bound by the terms of this agreement (the "Agreement") and the usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused photograph, graphic or image(s) and notify Ripping World trading as ImageStoreUK by email to the following address: sales@ImageStoreUK.com within seven days from the invoice date for a full refund.

      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 photograph, graphic or image(s) or their agent(s) who have submitted the photograph, graphic or image(s) to Ripping World Ltd trading as ImageStoreUK.
        "ImageStoreUK"
        Means Ripping World Ltd trading as ImageStoreUK.
        "Invoice"
        Means the invoice provided by Ripping World Ltd trading as ImageStoreUK upon an image purchase that may include, without limitation, details of the photograph, graphic or image(s) 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 photograph, graphic or 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 Ripping World Ltd trading as ImageStoreUK grants to you to use the photograph, graphic or image(s).
        "Reproduction"
        Includes any form of copying or publication of the whole or part of any photograph, graphic or image whether by digital printing, printing, electronic, slide projection or other display (whether or not to an audience), 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 photograph, graphic or image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting photograph, graphic or image may not appear to a reasonable person to be derived from the original photograph, graphic or 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 photograph, graphic or image.
        "Licence Fee"
        Means any sum or sums payable to Ripping World Ltd trading as ImageStoreUK by you in respect of the Licence.

      2. Contracting parties

        The parties to this contract are Ripping World Ltd trading as ImageStoreUK and yourself. Ripping World Ltd trading as ImageStoreUK has been appointed agent by its registered members to grant this Licence on their behalf.

      3. Grant of rights and restrictions

        1. Ripping World Ltd trading as ImageStoreUK grants to you a non-exclusive and non-assignable right to Reproduce the photograph, graphic or image(s) on a worldwide and perpetual basis solely as part of the following (or as otherwise agreed in writing by ImageStoreUK):

          1. Editorial content for magazines, journals and publications and/or
          2. materials for personal, non-commercial use and test or sample use, including comps and layouts. Please note, not all of ImageStoreUK’s Images have Model or Property Releases. It is YOUR responsibility to check that the photographs, images or graphics you purchase have all the necessary model or property release forms(see clause 8.3 below).

        2. You may alter, crop, manipulate and create derivative works from the photograph, graphic or image(s).

        3. If you are a third-party intermediary (for example a design or production company) you may not re-sell, sub contract, sublicence, renegotiate, assign, convey or transfer this Agreement or any of the rights under this Agreement. However, you may purchase a licence (on behalf of your client) for any photograph, graphic or image as part of a client project (for example a magazine editorial). Should your clients wish to incorporate the photograph, graphic or image in their own work they should contact ImageStoreUK to purchase a licence.

        4. The photograph, graphic or image(s) if stored by yourself must retain the copyright symbol, the name of ImageStoreUK, the Image(s)’ identification numbers and any other information as may be invisibly embedded in the electronic files (e.g metadata) containing the original photograph, graphic or image(s).

        5. You may not use the photograph, graphic or image(s) in a obscene, defamatory, fraudulent, pornographic, lewd, 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.

        6. No more than twelve (12) specific persons from the same organisation, company or corporation may access the purchased photograph, graphic or image(s) at the same time. An extension to the licence must be negotiated with Ripping World Ltd trading as ImageStoreUK, if more than twelve people are to access a purchased photograph, graphic or images at the same time.

        7. The photograph, graphic or image(s) may not be redistributed by a mobile network device (e.g phone) in a manner that would allow any third party to access or download the photograph, graphic or image(s) without a licence.

        8. You must not incorporate a photograph, graphic or images (or any part of them) into a logo, trade mark or service mark.

        9. If any photograph, graphic or image featuring a model is used in (i) in such a way that a reasonable person would consider that model to be endorsing a product or service, or (ii) if the depiction of the model in the Image could be considered by a sensible third person, to be unduly controversial, or unflattering, there must ba a statement alongside the photograph, graphic of image indicating that the person is a model and the photograph, graphic or image is being used for illustrative purposes only.

        10. The photograph, graphic or image(s) may not be resold, sublicenced or made available for downloading, use or distribution separately from the agreed licenced use. As an example, the photograph, graphic or image(s) may be used as an integral part of a client project (e.g advertising poster or web design). However you may not make the photograph, graphic or image available for downloading or use, as a seperate identity. You may make a photograph, graphic or image(s) available to one of your own clients as part of a project. Your client may not use the photograph, graphic or image outside the scope of the original project or purchased licence.

        11. Ripping World Ltd trading as ImageStoreUK does not warrant the accuracy of any information, including the captioning, keywording and metadata associated with the photograph, graphic or image(s).

        12. You must abide by any restriction on use notified to you by Ripping World Ltd trading as ImageStoreUK before, after or at the time of delivery of the photograph, graphic or image(s), either in the information accompanying the photograph, graphic or image(s), the Invoice, an email or other form of communication.

        13. Ripping World Ltd trading as ImageStoreUK, after 30 day notice, may inspect any accounts, books or records, that relate to the Reproduction of any photograph, graphic or image(s) to ensure useage of the photograph, graphic or image(s) in accordance with this Agreement.

      4. Copyright issues

        The copyright of the photograph, graphic or image, remains at all times, with the original artist. At no time will the ownership or copyright of any photograph, graphic or image(s) pass to you by the issue of the Licence. The credit line "(Photographer’s or Agency’s name)/ImageStoreUK", or any other credit line specified by ImageStoreUK, must be included if any photograph, graphic or image reproduced by you is used editorial purposes (i.e., for any non-marketing or advertising purpose). An additional fee of twenty five percent (25%) of the original invoice with regards to the photograph, graphic or image, shall be payable by you if a credit line is omitted.

      5. Warranty and limitation of liability

        1. Ripping World Ltd trading as ImageStoreUK guarantees that should any photograph, graphic or image be defective, so long as Ripping World Ltd trading as ImageStoreUK is notified in writing to ImageStoreUK within thirty (30) days from the date of invoice of the photograph, graphic or image(s), then Ripping World Ltd trading as ImageStoreUK will either replace the photograph, graphic or image(s) with a defect free version of the Image free from defect or refund the Licence Fee to the amount of the value of the defective photograph, graphic or image, at ImageStoreUK’s choice.

        2. Ripping World Ltd trading as ImageStoreUK makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither Ripping World Ltd trading as ImageStoreUK nor its contributors shall 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 Ripping World Ltd trading as ImageStoreUK, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if Ripping World Ltd trading as ImageStoreUK has been advised of the possibility of such damages, costs or losses. ImageStoreUK’s maximum liability arising out of or in connection with your use of or inability to use the photograph, graphic or image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to three(3) times the value paid by you for the relevant photograph, graphic or image.

        3. The terms of clause 5.ii 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 Ripping World Ltd trading as ImageStoreUK or any of its employees, agents or otherwise. Each provision of clause 5.ii 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

        A photograph, graphic or image many not be reproduced until after full payment has been received by Ripping World Ltd trading as ImageStoreUK. Reproducing a photograph, graphic or image before payment has been received by ImageStoreUK constitutes a breach of this Agreement. Such a breach entitles ImageStoreUK to immediately terminate this Agreement and also constitutes an infringement of copyright.

      7. Indemnity

        You agree to indemnify and hold Ripping World Ltd trading as ImageStoreUK and its registered members harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any photograph, graphic or image supplied to you by ImageStoreUK, on behalf of the registered member, or any other breach by you of any of your obligations under this Agreement.

      8. Release information

        1. Ripping World Ltd trading as ImageStoreUK gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).

        2. Ripping World Ltd trading as ImageStoreUK 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.

        3. A photograph, graphic or images marked 'editorial' on the ImageStoreUK website is deemed to be suitable for editorial use only. You must satisfy yourself that all model or property Releases as may be required for Reproduction of the photograph, graphic or image(s) have been secured. You are solely responsible for obtaining all such Releases.The Licence is conditional in each case on you obtaining the relevant Releases for each photograph, graphic or image(s). It is your responsibility to consult the relevant parties, if you are uncertain as to whether any Releases are needed for your photograph, graphic or image(s) useage. You shall not rely upon any representation or warranty given by Ripping World Ltd trading as ImageStoreUK employees or representatives save as set out in this Agreement.

      9. Licence fee

        The Licence fee is dependant up the type of useage requested. Thus, the value of the fee is dependant upon the rights granted for the photograph, graphic or image(s). You are responsible for informing Ripping World Ltd trading as ImageStoreUK of any changes in the useage of a photograph, graphic or image(s) that may affect the rights-granted. In such an instance, a new licence must be negotiated with Ripping World Ltd trading as ImageStoreUK. Use of a photograph, graphic or 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 photograph, graphic or image(s) you may cancel the Licence within 30 days from the date of the Invoice by sending ImageStoreUK an email with notification of the cancellation to the following address: sales@ImageStoreUK.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 any right to publish, reproduce or use the photograph, graphic or image(s) in any manner whatsoever.

      11. Interest on overdue invoices and reasonable recovery costs

        1. Unless otherwise agreed by us in writing, all Invoices are payable by you within 30 days.

        2. If you do not make full payment of an Invoice within the 30 day period, Ripping World Ltd trading as ImageStoreUK reserves 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 photograph, graphic or image(s) for any possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Subject to clause 5.1, Ripping World Ltd trading as ImageStoreUK 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

        You are advised to maintain a copy of your ImageStoreUK account information and details of the photograph, graphic or image(s) purchased. Due to the nature of internet web applications and server provision, downtime and lost transmissions may occur as part of routine maintenance, or issues with internet connection.

      14. Miscellaneous terms

        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.

        2. No variation of any of these Terms shall be effective unless in writing and signed by Ripping World Ltd trading as ImageStoreUK and you. No action of Ripping World Ltd trading as ImageStoreUK, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that Ripping World Ltd trading as ImageStoreUK 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.

        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.

        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 ImageStoreUK 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 Ripping World Ltd trading as ImageStoreUK in respect of all reasonable legal fees and costs incurred by Ripping World Ltd trading as ImageStoreUK in relation thereto.                                                                                 

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All Rights Reserved. Copyright ImageStoreUK.com 24/05/2013
Ripping World Ltd t/as ImageStoreUK.
Registered address: 14 London St, Andover, Hants,SP10 2PA,Registered in England,
Company registration no-3734709 VAT Reg No:-750 3924 38