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Terms & Conditions
By using this site and/or downloading any material, be that from FTP links sent to you upon ordering via the lightbox or images sent to you via email, you agree to be bound by this Agreement.
This agreement applies to you, and if you are using this website on your employer's behalf, to you and your employer. Unleashed Digital Ltd reserves the right to change this Agreement at any time at its sole discretion, and your use of the site will be subject to the most current version posted on the site. If you do not wish to be bound by this Agreement, do not accept this Agreement and do not use this site or download or use any Images.
Copyright Info
This website is owned and operated by Unleashed Digital Ltd. All images and related information detailed on this website including but not limited to include descriptions, captions, keywords, or image information (from now on referred to as "Images") are solely owned by Unleashed Digital Ltd. By downloading and publishing images the copyright of these images is still solely owned by Unleashed Digital Ltd and all Images are protected by UK, US and international copyright laws.
Registering for an Unleashed Digital account
To obtain access to the site to view Low Resolution Watermarked Images, and to order High Resolution Non-Watermarked Images, you have to apply for an Unleashed Digital Ltd account. Upon registering you agree to provide true and accurate information. Unleashed Digital Ltd reserves sole discretion over whether to grant you an account, and you agree to access the authorised sections of the website and your account only by using the Username and Password chosen by you and approved by Unleashed Digital Ltd. You agree not to give your Username and/or Password to others and agree to contact Unleashed Digital Ltd immediately if you feel your account information could have become compromised. You are responsible for maintaining the confidentiality of your Username and/or Password and agree to take reasonable steps to prevent others from obtaining your access information. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Unleashed Digital Ltd account or website or related services.
Use of this site
This site contains Images that depict a visible watermark ("Low Resolution Watermarked Images"). Images that do not contain a visible watermark ("High Resolution Non-Watermarked Images") are not available on this website and can only be downloaded (via email, FTP or other outside source) after an order has been placed, terms have been agreed and links have been sent. The site allows you to search for and view Low Resolution Watermarked Images after registration and after your account has been verified and accepted. The Low Resolution Watermarked Images are only to be used for layout purposes for your publication and are not permitted to published in any means including but not limited to include online and in print.
You may not remove any copyright or other proprietary notices contained in the Images, including watermarks, caption information, or any other material on this site. Unleashed Digital Ltd reserves the right to revoke your authorisation to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your use of the site upon written notice from Unleashed Digital Ltd. You also may not employ software to "crawl" or search our website and/or retrieve Images or related information.
Using Low Resolution Watermarked Images
Low Resolution Watermarked Images are to be used solely for evaluating whether you wish to purchase a license to publish the High Resolution Non-Watermarked Image. You may use the Low Resolution Watermarked Images for your internal "comps" and layouts to assist in your evaluation. You may not use a Low Resolution Watermarked Image in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. These Images are not to be published. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, internal testing and sample use, Unleashed Digital Ltd grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked Image.
Using and publishing High Resolution Non-Watermarked Images
You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Unleashed Digital Ltd. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
Once an order has been placed via our lightbox or over the phone with one of our agents, High Resolution Images will be sent to you via an FTP link or direct on email, whichever is specified by you at the time of ordering. An email will be sent along with the link to said images detailing the terms under which you have purchased the images, including but not limited to include price, payment terms, exclusivity, duration of usage, restrictions, publication, and size of published images as well as a link to our Standard Terms & Conditions which is noted below also. This is your "license" and these terms must be adhered to. If these license terms are not adhered to this shall constitute copyright infringement and shall entitle Unleashed Digital Ltd to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images.
Unleashed Digital Ltd may immediately terminate all licenses granted to you without notice if you fail to comply with any provision of this agreement or with Unleashed Digital's Standard Terms and Conditions applicable to your use. If a license is terminated, you agree to immediately (i) stop using this site and the Images, (ii) delete all Images and all copies from all magnetic media and destroy all other copies, or on request return all such copies to Unleashed Digital Ltd. Your use of this site and any Images shall comply with all applicable law. Unleashed Digital Ltd may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Unleashed Digital Ltd.
Standard Terms & Conditions
These Terms and Conditions apply to your use of any High Resolution Non-Watermarked Image purchased and downloaded from Unleashed Digital Ltd or from any FTP links or emails sent to you by Unleashed Digital Ltd.
Images may contain listed restrictions, including without limitation restrictions as to time, manner, industry and territory of use. Your ability to access or download an Image does not in itself entitle you to use that Image. Use of any Image is restricted to the terms sent to you via email upon purchasing the Image. If you do not understand or are unsure as to any restriction, you must contact Unleashed Digital Ltd prior to download or use of any Image.
Without limitation, Images may not be used as a trademark or service mark, for advertising, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorised use of these Images constitutes copyright infringement and shall entitle Unleashed Digital Ltd to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Unleashed Digital's rights or remedies in connection with any unauthorised use.
Any license granted by Unleashed Digital Ltd 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 Unleashed Digital's 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, alcohol, drugs, tobacco, AIDS, cancer, or serious physical or mental ailments, or the disparagement of a person or product. You must contact Unleashed Digital Ltd for additional information prior to any use of an Image with any sensitive topic, or upon ordering the Image.
The rights Unleashed Digital Ltd grants to you do not include a license to any persons, places, property, or subject matter depicted in an Image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by Unleashed Digital Ltd. Unleashed Digital Ltd makes no representations or warranties that it owns or licenses any rights nor does Unleashed Digital Ltd grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any Image. Further, Unleashed Digital Ltd makes no representation as to the accuracy of any information provided with the Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Unleashed Digital Ltd. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.
All Images on the site are designated as "model released" - meaning that the person depicted in the Image has signed a release permitting reproduction of the Image depicting such person, subject to the restrictions contained in this Agreement, including without limitation sensitive subject uses. If Unleashed Digital Ltd erroneously advises you that an Image is model-released when it is not, Unleashed Digital's liability shall be limited to the amount you paid for use of the Image. If an Image depicts a person and is used in a manner that implies the use or endorsement of a product or service by that model, you must indicate that the person depicted is a model and used only for illustrative purposes. Any license granted by Unleashed Digital Ltd is conditioned upon your obtaining all necessary third-party rights, releases and permissions. You agree to provide Unleashed Digital Ltd with proof of such releases and permissions upon request.
You may not use the trademarks or service marks of Unleashed Digital Ltd or Unleashed PR Ltd without Unleashed Digital's prior written consent. Unleashed Digital Ltd and Unleashed PR Ltd's logos are copyright protected and trademarks of the Unleashed Group of Companies.
You agree to indemnify, defend, and hold harmless Unleashed Digital Ltd against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.
Unleashed Digital Ltd may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Unleashed Digital's site, you must contact Unleashed Digital Ltd immediately.
Any dispute regarding this Agreement shall be governed by the laws of the United Kingdom. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between Unleashed Digital Ltd and you, Unleashed Digital Ltd shall be entitled to recover its reasonable solicitors' fees, legal expert fees, and other legal expenses from you.
No action of Unleashed Digital Ltd, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement can be modified at any time and your acceptance will be determined from the most recent version posted on the site. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Unleashed Digital's prior written consent. |