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1. Attention
Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms and conditions (“terms”), do not use this website. By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.
2. Disclaimer
Websites and companies mentioned on the Photoency images website are not controlled by Photoency and we are not responsible for any content contained in any such website or company or any loss suffered by you in relation to your use of such websites and companies. You waive any and all claims against Photoency regarding the inclusion of links to outside websites or your use of those websites.
Welcome to the Photoency website. Below are the terms that govern your use of this site. These terms constitute a legal agreement between you and Photoency Limited. (“Photoency” “we” or “our”). Please read this agreement (“agreement”) in its entirety before you continue to use this website or download any image. If you do not agree, discontinue using the site.
3. Ownership of our website
This website is owned and operated by Photoency. All the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“content”), is owned by Photoency, its licensors and its content providers.
4. Protection of intellectual property
All elements of Photoency’s websites, including, but not limited to, the general design and the content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another
agreement with Photoency 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 Photoency or its licensors unless otherwise
expressly agreed. “Photoency Images”, “Photoency”, and the Photoency logo, are trademarks of Photoency or its subsidiaries and may be registered in some countries.
5. Indemnification for breach
You agree to indemnify Photoency, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages howsoever 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.
6. How you may use the content on this website
Images, other than comp images, may only be used commercially once you have entered into a licence agreement and paid the relevant fee. Comp images may only be used for your internal layouts for sample purposes or for proofing presentations to end clients. Photoency’s copyright notice and image identification reference which appear in the image file must always remain with your digital copy of the image. You will retain the copyright notice, the name of Photoency and the respective artist, the respective RM or RF image ID and any other information or metadata that is embedded in the electronic file that comprises any image which you have downloaded from the website or otherwise received from Photoency.
Failure to maintain the integrity of the copyright information will constitute a breach of this agreement. Photoency does not grant you any license to use these images in any final materials distributed either internally or externally by yourself or your company, including any electronic or online system. Except for this limited, internal testing and sample use, Photoency grants you no other rights, and you may not distribute, sublicense, or make available for use or distribution any comp images.
Photoency will only issue high resolution images for “comps” or layout purposes only after a separate agreement is entered into. You may use our site only for lawful purposes. You may not use this website:
You also agree:
7. Copyright infringement policy
In accordance with the Digital Millennium Copyright Act ( “DMCA” ) and other applicable laws, Photoency has adopted a policy of terminating, in appropriate circumstances and at Photoency’s sole discretion, account holders who infringe the intellectual property rights of Photoency or any third party.
8. Model and property releases
8.1 Photoency gives no representations or warranties whatsoever as to the existence of any Release associated with the image.
8.2 Photoency gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the image.
8.3 You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of the image have been secured.
9. Email
If you authorise us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time where we are entitled to do so we may notify you of special promotions, new products or services, or other information that may interest you.
Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate ‘unsubscribe’ or ‘change your preferences’ button or checkbox available on our communications to you, or by modifying your profile at any time. We will not send you information if you expressly inform us you do not wish to receive such materials. If you would like to revise the information provided to us or feel that what we currently have on record is incorrect, please contact us at [email protected], or you may update the information in the “My Photoency” section of this website.
10. Data protection disclaimer
Please note we may collect personal information about you. Our Privacy Policy sets out the basis on which we collect your personal information, what information we collect and how,
and how we process your data.
11. Governing law and jurisdiction
This agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction. This agreement will not be governed by the United Nations convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded. We reserve the right to change these terms, the Security & Privacy Policy, Cookie Policy, prices, information, and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Photoency and you relating to your use of this website. No action of Photoency, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms, the Cookie Policy or Security & Privacy Policy. Should any clause of these terms or Security & Privacy Policy be found unenforceable, wherever possible this will not affect any other clause, and each will remain in full force and effect.
