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SITE USAGE AGREEMENT
This site is owned and operated by Panos Pictures Ltd (“Panos”). All images and related informational materials in any medium furnished by Panos hereunder, including related text, captions, or information (collectively referred to as “images”) are owned by our image providers (“photographers”) or by Panos.
By using this site and/or downloading any image, you agree to be bound by this agreement.
These terms and conditions of use constitute a legal agreement between you, and if you are using this web site on your employer’s behalf, to you and your employer.
Supply of images from the web site
You may download watermarked, low-resolution images from this website to your computer, or send them by e-mail either to yourself or another party, for use in composites or layouts. You may not use watermarked images in any final materials distributed within your company or outside of your company or to the public or in any online or other electronic distribution system. These are the only permissible reproductions rights granted by Panos to you for our watermarked images. Such uses of watermarked images are free of charge.
Any additional reproduction rights for images on this web site must be purchased by contacting Panos.
License for Use of images
The reproduction by whatever means of the whole or any part of any unwatermarked image from this site is strictly forbidden without our specific written permission. You must inform us of your proposals as to when and how an image is intended to be used.
Your right to reproduce an image arises only if license terms and the fee for reproduction are agreed. Any reproduction before terms and fees are agreed constitutes an infringement of copyright and also a breach of this agreement entitling Panos to rescind and claim damages. You must indemnify Panos in respect of any claims, damages, costs or expenses we incur arising from any reproduction of any image supplied to you.
Upon agreement of the license terms and the Usage Fees, you may utilise the images we license to you on a non-exclusive basis for the specific uses and purposes stated on our Invoice and limited by these Terms and Conditions. You do not acquire any right, title or interest in or to any of our images including, but not limited to, any electronic reproduction or promotional rights, except as specifically set forth in our Invoice/Copyright License and these Terms and Conditions. You agree that you will not make, authorise or permit any use of the particular image(s), plate(s), digital file(s) or other reproduction(s) made from our images except as specified in our Invoice/Copyright License.
Any license granted by Panos shall not constitute a representation that an image is compatible for use with any other material. You are solely responsible for the use of any image in combination with any other material, and you agree not to use images with sensitive topics without Panos’ separate written agreement. Sensitive topics include, without limitation, topics that may depict the subject matter of an Image in a negative or unfavourable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. You must contact Panos for additional information prior to any use of an image with any sensitive topic.
Condition of sales
a. Your must credit Panos and the photographer as specified by us every time an image is used. If you fail to credit the image, an additional 50% of the original licence fee will be payable.
b. 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 six months of the issue of our invoice, whichever is sooner.
c. Images shall not be altered or manipulated, added to, or have any part deleted without prior written consent.
d. If the image is used in a print publication you agree to send at your cost two ‘tear sheets’ containing the reproduction of the photograph within 30 days of publication. In other media, alternative evidence of use must be provided if requested. Failure to supply tear sheets or such alternative evidence shall be considered to be a material breach of the Agreement.
e. 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.
f. Any license 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 would immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
g. 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.
h. 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.
i. 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 non-exclusive.
j. You agree that you accept these Terms and Conditions with the full knowledge that our liability is limited and that the prices and charges payable to us have been calculated accordingly.
k. 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.
b. Panos makes no other warranty nor agrees any other condition, representation or undertaking, either express or implied, of any nature, including as to merchantability, satisfactory quality, fitness for any particular use or compatibility with any computer or other kind of equipment. Neither Panos nor any of its agents or employees shall be liable to any distributor or other reseller, customer, end user or other person or any indirect, incidental, special or consequential damages (including loss of profit, business, revenue, goodwill or anticipated savings) resulting from its performance or non-performance of this Agreement or the use of, or inability to use, The Content provided under this Agreement or arising (or which might be claimed) under any other cause of action or theory of claim. Moreover, the liability of Panos, its agents and employees in respect of any other cause of action (whether arising in tort, contract or otherwise and notwithstanding any negligence or other fault) shall in no event exceed the sales value of The Content.