Terms and Conditions of Use of The Lowry Image Library
- For the purposes of these terms and conditions, 'We' and/or 'Us' means The Lowry
Limited. 'You' means the person or entity specified in the on-line registration
section of this web site. 'Image' means any item which may be offered for the purposes
of reproduction. You will be deemed to have accepted these terms and conditions
by clicking on the 'Register' icon at the top of the registration page.
- No variation of these terms or conditions shall be effective unless agreed in writing.
- 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), for any use other than only in publicity and
editorial material directly relating to the event or exhibition, 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. We will then consider whether we would wish to grant a licence and, if
so, on what terms.
- No reproduction rights are granted by virtue of delivery of Images unless expressly
indicated. Your right to reproduce an Image arises only if (i) licence terms are
agreed and (ii) our invoice relating to the grant of such right is fully paid. Any
reproduction before payment of the invoice or outside the terms of any licence constitutes
an infringement of copyright and also a breach of this Agreement entitling us to
rescind and claim damages. You must indemnify us in respect of any claims, damages,
costs or expenses we incur arising from any reproduction of any Image supplied to
you.
- You must satisfy yourself that all necessary rights, model releases or consents
which may be required for reproduction are obtained and that the use of any image
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 Image and you will indemnify us in respect of any claims, damages,
costs or expenses we incur arising from the use of any Image supplied to you.
- Reproduction rights (if granted), unless otherwise agreed in writing are a) subject
to these terms and conditions and any terms and conditions set out in the licence,
b) non-exclusive reproduction rights for use of the image, only in publicity and
editorial material directly relating to the event or exhibition, for which the image
is made available on this site 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 we 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 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 us and the author.
- You must credit the author as specified by us every time an Image is used. [picture
credit and copyright info are found in the IPTC data fields embedded in each image]
or displayed next to the image on the website.
- You may not create, store or transmit Images without our written permission except
so far as is incidentally and wholly necessary to the process of producing items
licensed by us.
- 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.
- 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 and the integral File Information.
- 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.
- 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.
- 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.
- 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.
Use of this site assumes acceptance of these terms and conditions.