Licensing Terms & Conditions
IMPORTANT -- READ THE FOLLOWING TERMS AND
CONDITIONS OF THIS LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING
ENGLISH COUNTRY GARDEN IMAGES.
Your purchase of this product signifies your acceptance of the following terms and conditions. Please read the license agreement found herein, to ensure legal use of our images.
- English Country Garden licenses you the use of the photographs from
the web site
www.english-country-garden.com as provided in this agreement on a non-exclusive and non-transferable basis. The copyright of the photograph is retained by English Country Garden.
- You are permitted by this License to:
(i) Copy, backup or archive the photograph for your own personal use only. The copyright information of the photograph as provided by English Country Garden must be included.
(ii) Use the photograph in any reproduced form for private or non-profit purpose.
(iii) Use the photograph in any published media, either print or online. It must not be intended to allow re-distribution or re-use of the photograph. If the aforesaid use is for profit or gain then the Published Commercial Use license must be purchased.
(iv) Modify or alter the photograph as is necessary for your use of it, subject to paragraph 3 of this agreement, provided that the rights to any derivative work (which shall forthwith on its creation be notified to English Country Garden) shall belong to English Country Garden. Such derivative work may be used only as permitted in accordance with this License and you hereby assign with full title guarantee all copyright and all other rights with respect to such derivative work or works to English Country Garden. If requested by English Country Garden, you agree to execute a written assignment of any such copyright and other rights.
- You are not permitted to:
(i) Assign or otherwise transfer any rights in or to the photograph, except as specifically provided for elsewhere in this agreement. These rights remain the property of English Country Garden.
(ii) Copy or reproduce the photograph, or the materials that may accompany it, except as specifically provided for above in the agreement.
(iii) Incorporate the images into a logo, trademark or service mark, although this may be waived by negotiation.
(iv) Re-sell, distribute or sub-license the photograph or the rights to use the photograph.
(v) Distribute, post or upload the photograph(s) online in a downloadable format.
(vi) Use any image in a pornographic, defamatory, libellous or otherwise illegal manner, whether directly or in context or juxtaposition with other materials.
- No rights to use the photograph(s) are granted until the invoice
relating to the photograph(s) is paid in full.
- Except as provided above, and to the extent permitted by law, the
photograph is provided "as is" without warranty of any kind, either
express or implied. In particular, the description of the photograph,
although best endeavours have been made to ensure accuracy, cannot be
warranted. English Country Garden does not warrant that the photograph
will meet your requirements.
- (i) In no event shall English Country Garden be liable for any third
party claims or any damages arising out of this license or the use or
inability to use the English Country Garden images, even if English
Country Garden has been advised of the possibility of such damages. In
no event shall English Country Garden's liability exceed the fee paid to
English Country Garden for use of the English Country Garden images.
(ii) If you are unable to open the photograph successfully, English Country Garden will re-transmit the image to you and if you continue to be unable to open the photograph successfully, English Country Garden will refund your money.
(iii) Licensee agrees to indemnify and hold English Country Garden harmless against all claims arising out of or in connection with any breach of this Agreement.
- If any provision of this agreement is held to be unenforceable, such
provision shall be reformed only to the extent to make it enforceable.
- You agree to pay and be responsible for any and all sales taxes or
duties imposed for any reason as a result of this agreement.
- (i) This License is effective until it is terminated. You can
terminate it by destroying the photograph along with any copies, backups
or archives of it.
(ii) The License also terminates if at any time you fail to comply with the terms of this agreement.
- This agreement, its validity and effect, shall be interpreted under
and governed by the laws of England.
