Terms & Conditions for online/digital use
These Terms and Conditions, “the terms”, will apply when Action Plus Sports Images, “we/us Action Plus”, contracts with a person or entity, “you”, to allow registered access to www.actionplus.co.uk and the images therein. These terms exclude any terms and conditions of purchase you may have and comprise the entire terms of any agreement between you and us for accessing www.actionplus.co.uk and its contents.
They will only be varied if we agree in writing.
“Image” means any item that may be offered for the purposes of reproduction (including where appropriate a Digital Image).
1. The following terms apply to all users of this site and those handling any digital material obtained from this site which is
www.actionplus.co.uk. These online/digital terms supplement and do not replace the Action Plus standard terms and conditions printed on licences, invoices and delivery notes.
2. By registering and using a login and password to access images on this site, you are entering into a binding agreement between you and us. If you are a freelance researcher working on behalf of a publisher, this agreement applies to you and to your principal. If you do not wish to be bound by this agreement, please do not continue further use of this site or it’s content. Should this be the case, your username and password will be deleted and you will not be granted access to the database. However, downloading of any material whatsoever using the username and password will be deemed as acceptance of these terms and conditions.
3. All images and information provided on this web site are the property and/or copyright of Action Plus or its suppliers. The moral rights of Action Plus and all authors of the works represented on this site have been asserted.
4. Users who have had their account upgraded to allow the download of unwatermarked layout and/or high-resolution images may use copies of the images on this site for the purposes covered in these terms, subject to the terms and conditions set out therein. In downloading a highr esolution image you agree to be charged a download fee at our discretion, and to pay the appropriate licence fee for any use of that image according to our Terms & Conditions. Users wishing to have their account upgraded to allow them to download high resolution images must provide accurate information during the Registration process. Your registration is personal to you, and you are responsible for protecting the confidentiality of your Login and Password details. You may not allow others to use your login and password to access this site without written permission from Action Plus, and you agree to take all reasonable steps to prevent unauthorised persons from obtaining your login/password details. You will be held responsible for any charges arising from downloads of material from this site by third parties using your login details, with or without your permission.
5. You must adhere to any stipulations or restrictions that may be attached to downloaded images (in the IPTC information fields, readable using Adobe Photoshop’s “File Info” and other types of software). These may include such warnings as “Editorial Use Only”. In such a case, the use of the image for a non-Editorial purpose (e.g. merchandising, posters, etc.) is not permitted, and by accepting our terms you undertake to indemnify Action Plus against any legal action or other costs which may result from such an unauthorized use.
6. You may download/save low-resolution “watermarked” images from this site for evaluation and comp/layout purposes only. You may NOT use watermarked images in any final products for distribution in printed or electronic form either inside or outside your company, i.e. you may NOT use watermarked images for making a presentation to a client without prior written permission from us. You may not modify or remove any visible or invisible electronic watermark. You may not redistribute or sublicence any image supplied by us or downloaded from this site.
7. Other web sites which you may access via links on this site are not in any way controlled or endorsed by Action Plus, and we are not responsible for the content of those sites.
8. The reproduction by whatever means of the whole or any part of any Image (including, without limitation, slide projection, artist’s reference, artist’s illustration, layout or presentation of Images) is strictly forbidden without our specific written permission. You must inform us of your proposals as to how and when you intend to use an Image. We will then consider whether we would wish to grant a licence and, if so, on what terms.
9. No reproduction rights are granted by virtue of the download of Images unless expressly agreed in advance. Your right to reproduce an Image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind the agreement and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any Image supplied to you.
10. You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any image is not obscene, indecent, libelous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any Image and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any Image supplied to you.
11. Unless otherwise agreed in writing Reproduction Rights (if granted) are: subject to these terms and conditions and any terms and conditions set out in the licence non-exclusive reproduction rights for single use only in the United Kingdom. A single use means a reproduction in one size for one edition of a single publication, published in one language only strictly limited to the use, period of time and territory stated in the licence personal to you and not assignable by you to any third party.
12. If we agree that you may licence the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author.
13. You must credit Action Plus every time an Image is used editorially. If you fail to credit the Image an additional 100% of the original licence fee will be payable.
14. Images shall not be altered or manipulated, added to, or have any part deleted without our prior written consent.
15. You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Image appears.
16. You acknowledge that Images are our valuable property, as are any digital images created from the Images (“Digital Images”).
17. You may not create, store or transmit Digital Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licenced by us. If permission is granted the following conditions apply:
18. Each Digital Image created by you shall be recorded and labeled with the Image reference used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.
19. Any use of the Digital Images shall be in a format designed so that it will not be possible to alter, manipulate or adapt any Digital Image in any way during the normal course of using the product.
20. You agree to destroy all Digital Images including any pre-press or pre-production copies of the Images and any copies or records of the Images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, or expiry of the licence term, whichever is later.
21. While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.
22. You must pay our invoice within 30 days of issue. However in the case of newspaper, periodical and broadcasting use only, if we agree in advance, you may pay by the end of the calendar month immediately following publication or use, or within the terms of of our invoice, whichever is sooner.
23. If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.
24. Any licence granted will terminate immediately if you (a) die; (b) enter into voluntary or compulsory liquidation; (c) have a receiver appointed or (d) fail to perform any of your obligations under these Terms and Conditions 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.
25. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in us and you hereby assign all such rights arising to us.
26. Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.
27. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the BPLC.
28. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be nonexclusive, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.
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