VisitBritain Media Website Terms and Conditions of Use
Before using this website, please read all the terms and conditions carefully. By accessing and using this website you are bound by the terms and conditions and if you do not agree to all of these, you must not use this website. These terms and conditions apply to your use of the website and are not altered by any other terms or agreements that you may have with VisitBritain. . "We/Us" means VisitBritain (incorporated as British Tourist Authority) . "You" means the person or entity allowed registered access to www.media.visitbritain.com and the content herein.
Ownership of Website
1. This website is owned by VisitBritain.. All of the content displayed or featured on the site, including, but not limited to, text, graphics, photographs, data, moving images, illustrations and software is owned by VisitBritain, its licensors or its content providers.
2. All elements of the website are protected by copyright, trade marking, moral rights and other laws relating to intellectual property rights. No part of this website, unless permitted within another agreement with VisitBritain, may be copied or retransmitted by any means.
Registration and Data
3. By registering on this website, and agreeing to the terms and conditions, you agree to provide accurate and current information, that you have the authority to agree on behalf of your organisation and that you will keep all information up to date. You accept all responsibility for all activity under your registration and account.
4. Any information that you supply will be kept on a database for purposes as registered under the Data Protection Act 1998.
Use of the Website
6. This website and its contents are provided ‘as is’ and VisitBritain 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. All functions within this website are not warranted to be without error or unavailable. You, not VisitBritain , assume the entire cost of all necessary servicing, repair or correction due to your use of this website.
7. VisitBritain uses all reasonable efforts to ensure that all the website contents are as accurate, correct and reliable as possible but we make no representations or warranties as to the content’s accuracy, correctness and reliability.
8. You agree to defend, indemnify and hold VisitBritain its subsidiaries and affiliates andits officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable legal fees and costs), arising out of or as a result of claims by third parties relating to your use of this website outside the scope of these terms and conditions or any other breach of this agreement.
9. These terms and conditions shall be governed by the laws of England and Wales and the parties agree to submit to the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement where it will be non-exclusive. .
Content User Agreement
‘Content’ means any digital image, video or B-Roll which may be offered on www.media.visitbritain.com for the purposes of reproduction by you. This Content User Agreement does not apply to any third party websites to which a link may appear on www.media.visitbritain.com. Your use of any content on third party websites will be subject to the terms and conditions applicable to those third party websites.
"We/Us" means VisitBritain (incorporated as British Tourist Authority) "You" means the person or entity allowed registered access to www.media.visitbritaincom and the Content..
These terms and conditions apply to all users of this website and those handling any Content obtained from this website. These terms supersede any terms and conditions of purchase you may have.
NO VARIATION OF THESE TERMS OR CONDITIONS SHALL BE EFFECTIVE UNLESS AGREED IN WRITING.
Supply of Content
1.By registering and using a login and password to access and download Content on this site you are
entering into a binding non-exclusive, non-transferable licence agreement between you and us. If you
are a freelance researcher working on behalf of a publisher this agreement applies to you and your
principal. If you do not wish to be bound by this agreement please e-mail us to that effect within 24
hours and we shall delete your username and password so that you cannot access the database.
Downloading of any material using your username and password will be deemed acceptance of these
terms and conditions.
2.Where downloading of Content is not possible VisitBritain will send you Content subject to prior payment of a deposit of £50 per item. Such Content must be returned by the stipulated return date by special delivery or courier.
3. All images and information provided on this site are the property and copyright of VisitBritain or our suppliers. We grant you a non-exclusive, non-transferable licence to use the Content subject to the restrictions set out in these terms and conditions. The moral rights of VisitBritain and all authors of the works represented on this site have been asserted.
4. 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 and you agree to take all reasonable steps to prevent unauthorised access. You will be held responsible for any infringement arising from downloads of material from this site by third parties using your login details with or without your permission. Upon completion of our registration process you may use copies of the Content on this site subject to these terms and conditions.
5. The use of the Content for a non-editorial purpose (e.g. advertising) is not permitted and by accepting our terms and conditions you undertake to indemnify us and our suppliers against any legal action or other demands, costs, damages and expenses which may result from such unauthorised use.
Use of Content
6. The reproduction by whatever means of the whole or any part of any Content is strictly forbidden for any commercial or non-tourism related purpose.
7. In the event that you utilize any Content in a commercial or non-tourism related way that is not allowed by these terms and Conditions, we reserves the right to seek damages through legal channels.
8. You agree to defend, indemnify and hold harmless us, our subsidiaries, affiliates, officers, directors, employees and agents from and against all damages, liabilities,claims, damages, costs or expenses (including reasonable legal fees and costs) we incur arising from any use of any Content supplied to you.
9. You must satisfy yourself that the use of any Content is not obscene, indecent, libellous 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 Content.
10. Reproduction rights unless otherwise agreed in writing are
a) subject to these terms and conditions and any other terms and conditions set out in the delivery of the Content.
b) personal to you and not assignable by you to any third party.
11. If we agree that you may license the use of any Content 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 Content to personal use only, forbidding the assignment, resale, rental and lending of the Content and ensuring that credit is given to us.
12. You must credit VisitBritain if specified by us when Content is used. .
13. Content may be edited and used (a) subject to compliance with Condition 9 and (b) in a manner which portrays Great Britain and tourism in a positive way. We have the right to revoke your user registration if, in our sole opinion, the manner of your usage contravenes this condition 13 .
14. You must provide us on publication with at least one complimentary copy of any publication in which the reproduction of the Content appears.
16. These requirements are without prejudice to your obligations regarding use of the Content contained elsewhere throughout this Agreement.
17. 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 Content.
18. Any registration will terminate immediately if you (a) die; (b) enter into a 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 Content shall constitute an infringement of copyright.
19. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Content shall vest in us and you hereby assign all such rights arising to us.
20. 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.
21. Should any disagreement arise between us, we shall, if we both agree, first try to settle it by a mediation procedure recommended by the British Photographers' Liaison Committee.
22. These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit to 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.
© Copyright 2001 British Photographers' Liaison Committee/Finers Stephens Innocent As agreed by BAPLA, AOP NUJ, MPA and the BFP.
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