Please read these Terms and Conditions carefully in their entirety before You download or use any Image/Footage. By confirming the purchase of the Image(s)/Footage or downloading the Image(s)/Footage You have selected from this website You agree to be bound by the Terms and the Image(s)/Footage usage restrictions contained herein. If You do not wish to accept the terms of this Agreement, please contact RSPB Images before you proceed with your purchase/download.
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Grant Of Rights
“Any and all media”
Meaning Images can be used in print, in digital or in any other medium or format.
Means the Image(s) or Footage You have selected which are identified on the Invoice.
Means the owner(s) of the copyright in the Image(s)/Footage who are represented by RSPB Images.
Means any work generated or developed and which incorporates the Content or any part thereof.
Means the version of the production/programme specified on the Licence which is made available to the public for viewing (and which includes some/all of the Content).
Means in relation to a company, that company, any subsidiary or holding company from time to time of that company, and any subsidiary from time to time of a holding company of that company.
Means Intellectual Property Rights such as patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Means the computer-generated or pre-printed Invoice provided by RSPB Images that may include, without limitation, details of the Image(s)/Footage 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.
Means the non-exclusive (unless otherwise stated in the Invoice) non-assignable licensable right RSPB Images grants to You to use the Image(s)/Footage.
Means any sum or sums payable to RSPB Images by You in respect of the Licence.
Meaning that You do not have exclusive rights to use the content.
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 Image/Footage.
Includes any form of copying or publication of the whole or part of any Image/Footage whether by printing, slide projection or other display (whether or not to an audience), electronic, 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 Image/Footage (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Image or clip may not appear to a reasonable person to be derived from the original Image(s)/Footage.
Means the terms and conditions set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice shall take precedence and replace those terms in this Agreement to the extent of any conflict.
Meaning content can be used only in the geographic territory specified in the Licence.
Meaning there is an expiry or end date on Your rights to use the content.
Meaning content can be used in Standard and Non Standard Television Broadcast with 30 day Catch up including time shifted broadcast, Non Theatric, Presentations, Online, Exhibitions or Events.
Meaning content can be used an unlimited number of times within the specified usage and duration of the Licence.
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1. User Accounts.
You will be responsible for tracking all activity for each user account, and You agree (a) to maintain the security of all passwords and usernames;
(b) notify RSPB Images immediately of any unauthorised use or other breach of security; and
(c) accept all responsibility for activity that occurs under each user account.
RSPB Images reserves the right to monitor downloads and Your activity to ensure compliance with the terms of this agreement. If RSPB Images determines that You are in breach of this or any other term of this agreement, it may suspend access to Your account and seek further legal remedies.
If You and/or any member(s) of Your Group become aware of any potential or actual infringement or misuse of any Content or any other matter which might adversely affect the Contributor or RSPB Images, You shall promptly notify RSPB Images and provide all relevant details which You and/or Your Group has.
2. User Account Restrictions.
a)You may not use the Content in a pornographic, defamatory, fraudulent, lewd, obscene 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.
b).You must abide by any direction or instruction on use notified to You by RSPB Images before or at the time of delivery of the Content, either in the information accompanying the Content the Invoice or otherwise.
3. Licensing Entity.
The RSPB Images licensing entity under this agreement is determined based on Your billing address.
You must pay the RSPB Images invoice within 28 days of the date of issue.
a) If You do not pay in accordance with these terms then RSPB Images may at their 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.
b) 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 within 28 days of RSPB Images giving You notice to comply. In the event of termination, all rights granted will immediately revert to RSPB Images and any further exploitation of any Content shall constitute an infringement of copyright.
You agree to pay and be responsible for any and all sales taxes, use taxes, value-added taxes, withholding taxes and duties imposed by any jurisdiction as a result of the Licence granted to You, or of Your use of the Content.
6. Interest on Overdue Invoices.
If You fail to pay an invoice in full within the time specified, RSPB Images may add a service charge of 1.5% per month, or such lesser amount as is allowed by law, on any unpaid balance until payment is received.
Once You have been invoiced refunds will only be considered if the Content can be proved to be substandard for the purchased use, or if their is a fault by RSPB Images. All requests for refunds/cancellations must be made in writing within 7 days of the invoice date and providing the Content hasn’t been used. In the event of cancellation. Your rights to use the Content shall terminate and You must delete or destroy any copies of the Content.
While RSPB Images take reasonable care in the performance of this Agreement, RSPB Images 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 or its caption.
9. Warranty of Non-Infringement.
For all Content, RSPB Images warrants that Your use of such Content in accordance with this agreement and in the form delivered by RSPB Images (that is, excluding any modifications, overlays or refocusing done by You) will not infringe on any copyrights or moral rights of the content owner/creator.
a) Rights Managed: For licensed rights-managed Content where RSPB Images specifically notifies You that a model and/or property release has been obtained, RSPB Images warrants that Your use of such Content in accordance with this agreement and in the form delivered by RSPB Images (that is, excluding any modifications, overlays or re-focusing done by You) will not, where a property release has been obtained, infringe on any trademark or other intellectual property right and/or will not, where a model release has been obtained, violate any right of privacy or right of publicity.
b) Warranty Disclaimer: Unless specifically warranted above, RSPB Images does not grant any right or make any warranty with regard to the use of names, people, locations, trademarks, trade dress, logos, registered, unregistered or copyrighted audio, designs, works of art or architecture depicted or contained in the Content. In such cases, You are solely responsible for determining whether release(s) is/are required in connection with Your proposed use of the Content, and You are solely responsible for obtaining such release(s). You acknowledge that no releases are generally obtained for Content identified as “editorial,” and that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes when they have not provided a release. You are also solely responsible for payment of any amounts that may be due under, and compliance with any other terms of, any applicable collective bargaining agreements as a result of Your use of the Content.
c) Caption/Metadata Disclaimer: While RSPB Images has made reasonable efforts to correctly categorize, keyword, caption and title the Content, RSPB Images does not warrant the accuracy of such information, or of any metadata provided with the Content.
d) No Other Warranties: Except as provided in this section above, the Content is provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. RSPB Images does not represent or warrant that the Content or its websites will meet Your requirements or that use of the Content or websites will be uninterrupted or error free.
The RSPB retains full title to, and ownership of, all IPR in the Content.
RSPB Images warrants that Your use of the Content in accordance with this agreement will not infringe any third party’s IPR.
You warrant that You will not (and no member of Your Group will):
a) without the prior written consent of the RSPB Images make any reference to the RSPB in any Final Production
b) do anything which damages the image and reputation of the RSPB or brings the RSPB into disrepute (including any use of the Content in association with any activity which is illegal or defamatory).
a) You agree to defend, indemnify and hold harmless RSPB Images and its parent, subsidiaries, affiliates and Contributors, and each of their respective officers, directors and employees from all direct damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with (i) Your use of any Content outside the scope of this agreement; (ii) any breach or alleged breach by You (or anyone acting on Your behalf) of any of the Terms of this or any other agreement with RSPB Images; and (iii) Your failure to obtain any required release for Your use of Content.
b) Provided that You are not in breach of this or any other agreement with RSPB Images, and as Your sole and exclusive remedy for any breach of the warranties set forth in section 9 above, RSPB Images agrees, subject to the terms of this section 11, to defend, indemnify and hold harmless You, Your corporate parent, subsidiaries and affiliates, and each of Your respective officers, directors and employees from all damages, liabilities and expenses (including reasonable outside legal fees) arising out of or in connection with any direct breach or alleged breach by RSPB Images of its warranties in section 9 above. This indemnity does not apply to the extent any damages, costs or losses arise out of or are a result of modifications made by You to the Content or the context in which the Content is used by You. This indemnity also does not apply to Your continued use of Content following notice from RSPB Images, or upon Your knowledge, that the Content is subject to a claim of infringement of a third party’s right.
c) RSPB Images hereby indemnifies You against all direct liabilities, costs, expenses, damages and losses suffered or incurred by You arising out of, or in connection (in any way whatsoever) with, any claim made against You for actual or alleged infringement of a third party’s IPR arising out of, or in connection with, Your use of the Content (provided that such use was in accordance with the Terms of this agreement).
d) If any third party makes a claim, or notifies an intention to make a claim, against You which may reasonably be considered likely to give rise to a liability under this indemnity (a Claim), You shall:
1) as soon as reasonably practicable, give written notice of the Claim to the RSPB Images, specifying the nature of the Claim in reasonable detail;
2) not make any admission of liability, agreement or compromise in relation to the Claim without the prior written consent of the RSPB Images ;
3) give the RSPB Images and its professional advisers access at reasonable times (on reasonable prior notice) to Your premises and Your officers, directors, employees, agents, representatives or advisers, and to any relevant assets, accounts, documents and records within the power or control of You, so as to enable the RSPB Images and its professional advisers to examine them and to take copies (at the RSPB Images expense) for the purpose of assessing the Claim;
4) subject to RSPB Images providing security to You to Your reasonable satisfaction against any claim, liability, costs, expenses, damages or losses which may be incurred, take such action as the RSPB Images may reasonably request to avoid, dispute, compromise or defend the Claim.
RSPB Images may terminate this agreement at any time
a) if You commit any material breach of its obligations under this agreement which is incapable of remedy, or if capable of remedy, is not remedied within 14 days of RSPB Images giving written notice requiring the breach to be remedied;
b) if You are in breach any of the Terms of this or any other agreement with RSPB Images, in which case You must immediately cease using the Content; delete or destroy any copies; and, if requested, confirm to RSPB Images in writing that You have complied with these requirements.
A breach by any member of Your Group of the Terms of this agreement and/or by any sub-licensee of the Terms of any sub-Licence shall be deemed to be a breach by You for the purposes of this clause 12.
13. Social Media Termination.
If You use the Content on a social media platform or other third party website and the platform or website uses (or announces that it plans to use) the Content for its own purpose or in a way that is contrary to this agreement, the rights granted for such use shall immediately terminate, and in that event, upon RSPB Images’ request, You agree to remove any Content from such platform or website.
If You wish to make a complaint about RSPB Images, please contact our Customer Services Team on 0114 258 0001 or email@example.com. 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 Association of Picture Libraries and Agencies (BAPLA).
Upon reasonable notice and request, You agree to provide to RSPB Images sample copies of projects or end uses that contain the Content, including by providing RSPB Images with free of charge access to any pay-walled or otherwise restricted access website or platform where RSPB Images Content is reproduced. In addition, upon reasonable notice, RSPB Images may, at its discretion, either through its own employees or through a third party, audit Your accounts and books directly related to this agreement and Your use of the Content in order to verify compliance with the Terms of this agreement. If any audit reveals an underpayment by You to RSPB Images of five per cent (5%) or more of the amount You should have paid, then in addition to paying RSPB Images the amount of the underpayment and any other remedies to which RSPB Images is entitled, You also agree to reimburse RSPB Images for the costs of conducting the audit.
All notices required to be sent to RSPB Images under this agreement should be sent via email to firstname.lastname@example.org
All notices to You will be sent via email to the email set out in Your account.
The Licence is personal to You and You may not assign, transfer or sub-contract the terms of the Licence without RSPB Images’ prior written consent. RSPB Images may assign this agreement, without notice or consent, to any corporate affiliate or to any successor in interest, provided that such entity agrees to be bound by these terms.
No variation to this agreement shall be valid unless it is in writing and accepted in writing by both parties, or issued electronically by RSPB Images and accepted by You.
. A waiver of any right under this agreement is only effective if it is in writing and it applies only to the circumstances for which it is given. Failure or delay by RSPB Images to exercise or enforce any right or remedy under this agreement shall not constitute a waiver of such right or remedy nor operate so as to prevent the exercise or enforcement of such right or remedy on any other occasion..
If any provision of this agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of the agreement and the validity and enforceability of the other provisions of the agreement shall not be affected. Such provisions should be revised only to the extent necessary to make them valid and enforceable.
21. Third Party Rights.
A person who is not a party to this agreement shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act 1999.
22. Legal Status.
Nothing in this agreement is intended to, or shall operate to create any legal partnership between the parties or to authorise either party to act as an agent for the other and neither party shall have the authority to act in the name or on behalf of the other.
23. Entire Agreement.
This agreement and the documents referred to within it constitute the entire agreement and understanding between the parties with respect to the subject matter and supersede, cancel and replace all prior agreements, Licences, negotiations or discussions between the parties relating to it.
These Terms shall be governed by and construed in accordance with 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 RSPB Images invoices where it will be non-exclusive.
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Grant of Rights
RSPB Images offers a rights-managed Licence model. It does not offer royalty free or rights ready Licence models. Rights-managed content is licensed for specific types of use, and pricing is based on factors such as usage, Licence period and territory.
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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 RSPB Images specific written permission. You must inform RSPB Images of Your proposals as to when and how an Image is intended to be used. RSPB Images will then consider whether RSPB Images would wish to grant a Licence and, if so, on what terms.
The above indemnities shall not cover either party to the extent that a claim under them results from such party’s negligence or wilful misconduct.
Nothing in this clause shall restrict or limit either party’s general obligation at law to mitigate a loss it may suffer or incur as a result of an event that may give rise to a claim under the above indemnities.
2. Reproduction rights
(if granted), unless otherwise agreed in writing are:
(a) subject to these Terms and any terms and conditions set out in the delivery note, Invoice and Licence;
(b) non-exclusive reproduction rights for single use only. A single use means a reproduction in one size for one edition of a single publication;
(c) strictly limited to the use, period of time and territory stated in the Licence;
(d) personal to You and not assignable by You to any third party. If RSPB Images agree that You may license 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 the 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 RSPB Images and the Contributor.
3. No Standalone File Use.
You may not use Content in any way that allows others to download, extract or redistribute Content as a standalone file (meaning just the content file itself, separate from the project or end use).
4. No False Representation of Authorship.
You may not falsely represent that You are the original creator of a work that is made up largely of Content. For instance, You cannot create artwork based solely on Content and claim that You are the author.
5. Additional Licence purchased.
The following are prohibited without the prior written consent of RSPB Images and payment of an additional Licence fee:
No “On Demand” Products. Unless You purchase a customised Licence, You may not use Content in connection with "on demand" products (e.g., products in which a licensed image is selected by a third party for customisation of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).
No Electronic Templates. Unless You purchase a custom Licence, You may not use Content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).
No Use in Trademark or Logo. Unless You purchase a custom Licence, You may not use Content as part of a trademark, design mark, trade name, business name, service mark, or logo.
You may allow subcontractors (for example, Your printer or mailing house) or distributors to use Content in any production or distribution process related to Your final project or end use. These subcontractors and distributors must agree to be bound by the Terms of this agreement and may not use the Content for any other purpose.
You do not need to include a photo credit for commercial use, but if You are using Content for editorial purposes, You must include the following credit adjacent to the Content or in production credits: Photographer Name (rspb-images.com) eg. John Smith(rspb-images.com)
You may use the name of RSPB Images and/or its Contributors as necessary to give attribution, but You may not otherwise use their names, logos or trademarks without prior written approval. If You fail to credit the Image an additional 50% of the original Licence fee will be payable.
8. Digital Use of Images.
You may not create, store or transmit Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:
a).Each Image created by You shall be recorded and labelled with the Image reference number 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.
b) You agree to destroy all 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.
9. Altering, cropping and manipulating Image(s)
a) Images when used in a news context, may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the Image is not compromised and the truth of the Image is maintained, but shall not, under any circumstances, otherwise be altered.
b) Images of in copyright artwork may be cropped or otherwise edited for technical quality, provided that the original context and setting of the Image is not altered.
c) For all other Image(s) You may alter, crop, manipulate and create derivative works from the Image(s), so long as You ensure any notice of RSPB Images copyright is not removed from any place where it is embedded in the Image(s).
d) Image(s) must not be used as references for creating drawings or other visual works unless specifically authorised in the Invoice.
10. Prints and Canvases
a) Prints and canvases are printed to order and therefore are not returnable.
b) In the rare event of Your order being faulty or damaged, please contact our Customer Services Team on 0114 258 0001 or email@example.com. Replacement of faulty or damaged goods will only be considered after the item(s) have been returned by post in the original packaging to RSPB Images.
c) Prints and canvases will be matched as closely as possible to the original image. Please note that Your monitor may display the colours differently to the original, and that images seen in print (eg RSPB publications) may differ from the original due to processing methods.
Nothing in this agreement shall limit or exclude:
a) the principles of remoteness
b) the liability of either party for fraud or fraudulent misrepresentation
c) any liability which may not be limited or excluded by applicable law.
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RSPB Images hereby grants to the Licensee and the members of its Group a Licence to use the Footage during the Licence Period in the Territory for the Purpose granted under the terms of the Licence.
a) The Licence is non-exclusive and non-transferable; and strictly limited to, and You and the members of Your Group shall use the Content solely for, the purpose.
b) For the avoidance of doubt, the Final Production may only be made available to the public for viewing via the Transmission Rights; and in the Territory.
c) You shall be liable for any breaches of the Terms of the Licence by any member(s) of your Group.
d) You and the members of your Group may create Derivative Works where required for the purpose. Save to the extent that they incorporate the Content, the IPR in such Derivative Works shall belong to You (and/or the applicable member(s) of your Group).
You and members of your Group shall have the right to grant to any third party a sub-Licence to any Content which is incorporated in the Final Production, provided that:
a) such Content remains at all times incorporated in the Final Production and is not used separately there from;
b) the terms of any such sub-Licence are in writing, are consistent with the Terms of this agreement and explicitly prohibit further sub-licensing;
c) any such sub-Licence granted shall expire/terminate automatically on expiry/termination of this agreement;
d) You shall be liable for all acts and omissions of any sub-licensee which, had they been committed by You, would have breached this agreement.
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