Terms and Conditions | Legal
GENERAL TERMS AND CONDITIONS FOR DIGITAL IMAGE REPRODUCTION AND SUPPLY
1. BACKGROUND
The Client wishes to purchase and Reproduce Images from The Urgyen Sangharakshita Trust, The Urgyen Sangharakshita Trust wishes to sell and license Images to the Client and therefore the Client and The Urgyen Sangharakshita Trust agree that these Terms and
Conditions will govern the Client’s purchase of Images from The Urgyen Sangharakshita Trust and their reproduction.
2. DEFINITIONS AND INTERPRETATION
2.1 Definitions
In these Terms and Conditions, including the background above, the following words and phrases will have the following meanings, save where the context requires otherwise:
“Account” means a credit account held by the Client with The Urgyen Sangharakshita Trust which the Client can use to purchase images (up to a limit imposed by The Urgyen Sangharakshita Trust) from The Urgyen Sangharakshita Trust’s website and which is invoiced to the Client monthly;
“Client” means the company, partnership, sole trader, individual or other legal person which has selected and purchased the Images online, will receive such Images electronically;
“Form” means the electronic form filled in by the Client on The Urgyen Sangharakshita Trust’s website indicating what the Client wishes to use the Images for;
“Image” means a digital photograph, computer generated facsimile, digital image, scan or any other item offered for the purposes of reproduction which is held by The Urgyen Sangharakshita Trust as a digital image (including but not limited to The Urgyen Sangharakshita Trust-owned works of art) and can be offered to the Client for the purposes of reproduction;
“Licence” means the copyright licence agreed between the Parties as detailed in Clause 6 below together with any specific uses or occasions agreed between the Parties on the Form;
“Party” means the Client or The Urgyen Sangharakshita Trust as applicable and “Parties” will be construed accordingly;
“Reproduce” has the meaning given to such term in Clause 6.1; and “The Urgyen Sangharakshita Trust”means The Urgyen Sangharakshita Trust (with registered charity number 1046398) Triratna Picture Library, Adhisthana, Coddington, Ledbury HR8 1JL, UK, which owns and controls The Triratna Picture Library.
2.2 Interpretation
2.2.1 Headings are for convenience only and do not affect the interpretation of these Terms and Conditions.
2.2.2 Unless otherwise stated The Urgyen Sangharakshita Trust, references to Clauses and Schedules are references to clauses and schedules in these Terms and Conditions.
2.2.3 Where the context so allows the masculine includes the feminine and the singular includes the plural and vice versa.
2.2.4 References to any statutory provisions include any modifications or re-enactments of those provisions.
2.2.5 A time is a reference to London time.
3. ACCEPTANCE
3.1 The Client agrees to comply with these Terms and Conditions following selection and purchase of the Images through The Urgyen Sangharakshita Trust’s Triratna Picture Library website.
3.2 Any reproduction of any Image by the Client implies acceptance of these Terms and Conditions.
4. DELIVERY AND DESTRUCTION
4.1 Images shown as available at High Resolution will be made available for the Client to download for a period of thirty (30) days:
4.1.1 immediately following purchase if the Client holds an Account or has paid online using a debit or credit card;
and
4.1.2 within three (3) working days if the Client applies for a new Account and is successful in its application.
4.2 Images which are not available at High Resolution will be scanned on demand and made available for the Client to download for a period of thirty (30) days:
4.2.1 within ten (10) working days of purchase if the Client holds and Account;
4.2.2 within ten (10) working days of payment if the Client has paid online by debit or credit card; and
4.2.3 within fourteen (14) working days if the Client wishes to apply for a new Account and is successful in its application.
4.3 The total number of Images selected and purchased by the Client will be presumed to have been received by the Client unless written notice to the contrary is received by The Urgyen Sangharakshita Trust within five (5) days of the Images being made
available for download pursuant to Clause 4.1 and 4.2.
4.4 The Client acknowledges that prior to any consent for reproduction of the Images being granted by The Urgyen Sangharakshita Trust:
4.4.1 it has had reasonable opportunity to inspect the Images in order to determine the nature and quality of the Images as to their fitness for their intended purpose; and
4.4.2 it has not in any way relied upon any representation of The Urgyen Sangharakshita Trust as to the suitability and fitness of the Images for their intended purpose or use as specified on the Form.
4.5 The Client agrees to destroy and/or delete all Images supplied or downloaded and any copies made by the Client of such Images pursuant to these Terms and Conditions once such Images have been used by the Client for the purpose or use specified on the Form and, in any event, within four (4) months of such Images being made available for download pursuant to Clauses 4.1 and 4.2 above.
4.6 Unless otherwise agreed, one (1) copy of any product, publication, publicity material or similar produced by the Client and containing a reproduction of the Image must be supplied by the Client to The Urgyen Sangharakshita Trust within two (2) weeks of its
publication or production.
5. COPYRIGHT
5.1 Permission to Reproduce the Images is strictly limited to the uses, purposes, means of transmission and target audience as detailed on the Form and, where applicable, as additionally agreed between The Urgyen Sangharakshita Trust and the Client save
that where The Urgyen Sangharakshita Trust does not own the copyright to the Images, the Client is responsible for obtaining all relevant and necessary copyright consents, permissions and clearances from the relevant copyright holders.
5.2 No rights granted to the Client in these Terms and Conditions which relate to copyright may be assigned, loaned or transferred to any third party.
5.3 The Urgyen Sangharakshita Trust reserves the right to request a colour proof of any reproduction of an Image prior to publication and The Urgyen Sangharakshita Trust can, at its discretion, withhold the right to Reproduce an Image granted pursuant to the Licence if the quality of the reproduction falls below any standard as set by The Urgyen Sangharakshita Trust.
5.4 The Image must not be cropped, edited, superimposed with type or other material or have any part deleted or in any way defaced without prior written permission of The Urgyen Sangharakshita Trust.
5.5 Each reproduction of an Image must credit the relevant artist(s) in full, the title of the work and carry the copyright notice © The Urgyen Sangharakshita Trust.
5.6 Application to Reproduce a detail of an Image will be considered, but permission must be specifically granted in writing by The Urgyen Sangharakshita Trust and, if permission is granted, the picture credit specified in Clause 5.5 above must include the
following wording: “(detail)”.
5.7 The Client will not use the name “The Urgyen Sangharakshita Trust” or any similar name in any manner whatsoever in connection with any reproduction of an Image, except where part of the credit required in Clause 5.5 above.
5.8 Images will not be loaned, rented, delivered, supplied, sold or otherwise disposed of and no use other than those as set out on the Form will be made of them by the Client without the prior written consent of The Urgyen Sangharakshita Trust.
5.9 Any artwork, printed matter, printing plates, digital files, film separations, colour separations or similar produced using or incorporating an Image or any part of it will not be offered by the Client to third parties for reproduction, re-publication or re-use without the prior written consent of The Urgyen Sangharakshita Trust.
6. LICENCE
6.1 Subject to Clause 5 above, The Urgyen Sangharakshita Trust hereby grants to the Client a non-exclusive, worldwide, royalty free, copyright licence to reproduce and store copies of the Images by any means or in any media (to “Reproduce”) for the
purposes specified on the Form in accordance with applicable copyright law.
6.2 The Urgyen Sangharakshita Trust warrants that:
6.2.1 where copyright to an Image is owned by the Board of Trustees of the The Urgyen Sangharakshita Trust, it has adequate and appropriate permission to Reproduce such Image in accordance with this Clause 6; and
6.2.2 where copyright to an Image is not owned by the Board of Trustees of the The Urgyen Sangharakshita Trust, the Client is responsible for ensuring that any consents, permissions or clearances required for reproduction of the Images are obtained.
6.3 Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising in respect of any Image or from the use of such Images by the Client will vest in the relevant copyright holder and the Client hereby assigns all such rights arising to the relevant copyright holder, and the Client undertakes that it will do all such acts and execute any documents reasonably required by the relevant copyright holder to give effect to this Clause 6.5.
7. PAYMENT
7.1 The Client will be invoiced monthly for any outstanding balance on its Account and agrees to pay such invoice within thirty (30) days of receipt.
7.2 If after purchasing the Images and the Licence using an Account but before settlement of that Account, as set out above, but before payment the Client requests cancellation of the rights to Reproduce the Images, The Urgyen Sangharakshita Trust may at its discretion cancel such rights subject to the Client paying a cancellation fee.
7.3 If the Client does not settle an Account in accordance with this Clause 7 then The Urgyen Sangharakshita Trust may rescind these Terms and Conditions and the relevant Licence and recover damages, or at its option, may charge interest on the overdue
amount at four per cent. (4%) per annum above the base rate on the outstanding balance from the due date of payment until actual payment.
7.4 If after purchasing the Images and the Licence and downloading of the Images by using a Credit or Debit Card the client wishes to cancel the licence The Urgyen Sangharakshita Trust may at its discretion cancel the licence (1) if within 7 days The Urgyen Sangharakshita Trust will provide a 100% refund, (ii), if between 8 to 10 days The Urgyen Sangharakshita Trust will provide a 50% refund and (iii) if after 30 days no refund will be provided.
8. INDEMNIFICATION AND DISCLAIMER
8.1 The Client agrees to indemnify The Urgyen Sangharakshita Trust in respect of all and any claims, damages, losses or costs arising in any manner howsoever from the reproduction of the Images (including, but not limited to, the Client’s failure to obtain
licences, consents, permissions or clearances as are necessary to Reproduce the Images) unless such claims, damages, losses or costs arise by virtue of either the operation of these Terms and Conditions (which, for the avoidance of doubt,
incorporate the relevant Licence) or The Urgyen Sangharakshita Trust’s negligence.
8.2 The Urgyen Sangharakshita Trust shall not be held liable for any damage, howsoever caused, arising from the Client’s use of the Images including, but not limited to, any damage arising from errors or omissions contained in and relating to the Image, the relevant copyright notice or in information otherwise displayed on The Urgyen Sangharakshita Trust’s website.
9. TERMINATION
9.1 The Urgyen Sangharakshita Trust may terminate these Terms and Conditions and any Licence granted under these Terms and Conditions immediately by notice in writing to the Client if the Client:
9.1.1 is in breach of any of either the terms of the Licence and/or these Terms and Conditions and, in the case of a breach capable of remedy, fails to remedy such breach within thirty (30) days of receipt of written notice giving full particulars of the breach and of the steps required to remedy it; or
9.1.2 (being a company) passes a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction) or a court makes an order to that effect; or
9.1.3 (being a partnership or other unincorporated association) is dissolved or (being a natural person) dies; or
9.1.4 becomes or is declared insolvent or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or
9.1.5 has a liquidator, receiver, administrator, administrative receiver, manager, trustee or similar officer appointed over any of its assets; or
9.1.6 ceases, or threatens to cease, to carry on business; or
9.1.7 any analogous event occurs under the insolvency laws applicable to the Client.
9.2 In the event of termination pursuant to Clause 9.1 above, the Client will, at the Client’s own cost, delete and/or destroy all Images supplied or downloaded and any copies made by the Client of such Images no later than three (3) working days after receipt of notice to terminate from The Urgyen Sangharakshita Trust.
10. LIABILITY
Except for any liability which cannot by law be excluded or limited, The Urgyen Sangharakshita Trust will on no account be liable to the Client (or any other third party claiming through it) for loss of profit, business, goodwill, revenue, wasted time or any
indirect, incidental, special or consequential damages arising out of, or relating to the use of the Images, whether framed as a breach of warranty, in tort, contract, failure of essential purpose, breach of statutory duty, or otherwise. In no event (except for any liability which cannot by law be excluded or limited) will The Urgyen Sangharakshita Trust’s liability in aggregate for any Image provided hereunder exceed the charges and fees paid to The Urgyen Sangharakshita Trust for such Image.
11. RESTRICTION
The Client will not use the name “The Urgyen Sangharakshita Trust”, “The Triratna Picture Library” or any similar name in any manner in connection with any Image, except as expressly set out in these Terms and Conditions or as agreed by The Urgyen Sangharakshita Trust Trust, and the Client shall not do anything to bring The Urgyen Sangharakshita Trust’s name into disrepute.
12. ASSIGNMENT
These Terms and Conditions are personal as between the Parties and the Client can only assign the benefit of these Terms and Conditions with The Urgyen Sangharakshita Trust’s prior written consent.
13. VARIATIONS
Variations, amendments, additions or deletions to the terms of these Terms and Conditions may only be made if agreed in writing by the Parties.
14. VALIDITY OF THE AGREEMENT
If any provision of these Terms and Conditions is held to be, in whole or in part, for any reason illegal, invalid or unenforceable then the provisions which are legal, valid and enforceable will (to that extent) continue in force and effect.
15. ENTIRE AGREEMENT
These Terms and Conditions represent the entire understanding of the Parties with respect to the Images and their reproduction and supersede all other agreements and representations with respect to these matters made either orally or in writing.
16. NO WAIVER
The Urgyen Sangharakshita Trust’s failure to exercise or enforce any of its rights under these Terms and Conditions (or otherwise) will not be deemed to be a waiver of any such rights nor will that failure operate so as to bar the future exercise or enforcement of those rights.
17. RIGHTS OF THIRD PARTIES
No person who is not a Party to these Terms and Conditions will have the right under the Contract (Rights of Third Parties) Act 1999 to enforce any of its terms.
18. GOVERNING LAW
18.1 These Terms and Conditions will be governed by and construed in accordance with English law. All transactions to which these Terms and Conditions apply and all matters connected therewith will also be governed by English law.
18.2 The Parties irrevocably agree that the courts of England are to have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions.
Legal
Website Terms and Conditions of Use
Privacy
Your IP address, browser and version, operating system and the site you came from are stored when you visit the Triratna Picture Library website. This information does not contain any personal information and is used by The Urgyen Sangharakshita Trust to review website usage and to help identify areas of improvement only.
Personal information submitted to the museum via online booking forms, newsletter sign-ups, request forms or other similar means will be securely stored and will not be shared with third parties unless explicitly stated. If submitting a question or feedback that requires a response, your details may be passed on to an appropriate member of staff.
Copyright
Unless otherwise stated, all copyright and all other intellectual property for material (both image and text) found on this website, including content from the photo library, collections and archive are and shall be the property of The Urgyen Sangharakshita Trust. This material cannot be used without prior permission. Read more about how to obtain permission for photo library content here.
While we make every effort to ensure the accuracy of the information and copyright of material on this website, any and all liability which might arise from your use of and reliance on the information contained on the website is excluded.
Take-down Policy
In adding content to this website, The Urgyen Sangharakshita Trust makes every effort to ensure material does not infringe any person’s rights. However, we recognise that material published online may inadvertently include copyrighted material, contain sensitive personal data, or include content that may be regarded as obscene or defamatory.
If you believe that you are the copyright owner for any material on this website and do not consent to the use of your material in accordance with our terms and conditions, or if you believe material on the website to be obscene or defamatory, please contact us providing the information detailed below:
– Your contact details
– Details of the material, including the URL at which it was found
– Proof that you are the rights holder, or an authorised representative
– The reason for your request (e.g. copyright law, data protection, offensive material).
Upon receipt of a complaint, we will:
– Acknowledge receipt by email
– Make an initial assessment of the validity of the complaint
– If necessary, seek further legal advice
– If the complaint is upheld, remove the material in question from our website
– Provide a written response and confirmation of our actions.