By accessing or using this website, you agree to be bound to the terms and conditions.
UKTV IMAGE LIBRARY WEBSITE TERMS AND CONDITIONS OF USE
Ownership of This Website and its Contents
The Website is owned and operated by UKTV. All of the content featured or displayed on the Website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software, and any other materials that can be accessed using the Services (together "Materials"), is owned by UKTV, its licensors or its third-party partners ("Owners") who have placed Materials on the UKTV Image Library system ("Owner’s Materials"). All elements of the Website, including, but not limited to, the general design and the Materials, are protected by passing off, copyright, moral rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written licence or agreement with UKTV, no portion or element of the Website or their Materials may be copied or retransmitted via any means and all related rights shall remain the exclusive property of UKTV, its licensors or the Owners.
Accurate User Information
You agree to provide true, accurate, current and complete information about yourself when you register ("Registration Information") and to update the Registration Information when necessary to keep it up to date. If any Registration Information is or appears to UKTV to be untrue, inaccurate, obsolete or incomplete, UKTV has the right to terminate your account and refuse any and all current or future use of the Services and/or the Website.
Use of the Website and Services
You may not use the Website or the Services for any purpose not related to your business with UKTV. Any use of the Website or Services, or any of their functionality for a purpose not expressly permitted by these Terms is grounds for the immediate termination of your account. Any use of Materials in a manner not expressly authorised by these Terms constitutes copyright infringement, entitling UKTV and the applicable Owner to exercise all rights and remedies available under copyright laws around the world.
You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms. You agree to use the Website and Services only while you are in the United Kingdom, and you may not redistribute or store material taken from the Website except as provided for below.
Access to the Website, Services and Materials or any part of them may be denied or suspended temporarily or permanently without notice or liability and for any reason, in UKTV's sole discretion.
If you register with the Website, UKTV will provide you with a password by which you will be able to gain access to certain areas of the Website in conjunction with your chosen login name ("User Identification"). Security of this User Identification is your responsibility. Any unauthorized use of your User Identification must be reported to UKTV immediately and you will remain liable for all use of the Website and any transactions undertaken using your User Identification until you notify UKTV of their loss and/or suspected misuse. UKTV reserves the right to cancel your User Identification without notice if UKTV becomes aware of or suspects any unauthorised use of your User Identification.
Provided you comply with these Terms you may redistribute Materials provided that:
(i) your use of the Materials is at all times in accordance with the UKTV Image Guidelines;
(ii) any files distributed by way of a website are:
(a) less than 100KB @ 72dpi;
(b) not posted with any intent or expression of intent to allow redistribution;
(c) not provided with any download facility; and
(iii) you do not retain any Materials on any hard drive or other storage device or on any website beyond the period required for initial publication, broadcast or transmission in each case in accordance with any terms and conditions required by the Owner or other relevant right owner ("Owner’s Terms") and that you will delete the Material following such publication, broadcast or transmission.
You agree that:
(i) you will not use, store or download any Materials for use by you or a third party as part of any service that is similar to or a replacement for any of the UKTV Image Library’s services; and
(ii) except as provided in this section, you will not redistribute any Material to any third party in any form (including by email, CD-Rom, hard drive storage mechanism, floppy disk, zip disk, DVD, posting to any website, inclusion in any newswire or any other distribution mechanism or using any ISDN or xDSL system) whether by electronic or other means.
Fees for Use of the Website and/or Services
Your use of certain areas of the Website and some Services may incur charges ("Fees"). Details of the Fees will be available before you can incur any such Fee. If you access any Service for which a Fee is payable, you will be sent an invoice by post and/or by email and you agree to pay such Fees in accordance with these Terms.
Payment of all invoices is due within 30 days of the date of the invoice. UKTV may charge interest on overdue amounts in an amount up to the maximum rate permitted by applicable law. In the case of any non-payment within 30 days of the due date, UKTV reserves the right to suspend access to any of the Website until full payment is made.
You acknowledge that the Materials are protected by proprietary rights and laws which may include, without limitation, copyright, database rights, trade and service marks and patents. You are permitted to use the Materials subject to these Terms and any Owner’s Terms. Each set of Owner’s Terms form a separate agreement between you and the relevant Owner or third party. UKTV makes no representation regarding whether any Owner’s Terms exist nor any representation regarding the content of such terms.
“UKTV Image Library”, “Pictures.uktv”, “UKTV”, “Dave”, “Watch”, “Really”, “Home”, “Good Food”, “Eden”, “GOLD”, “Alibi”, “Drama” and “Yesterday” and related marks and logos are trademarks of UKTV. All other trade marks, logos and service marks ("Trade Marks") appearing on the Website are trade marks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark displayed on the Website without the written permission of its respective owner. Your use of the trade marks displayed on the Website except as provided in these Terms is strictly prohibited.
The Website and its Materials are provided "as is" and UKTV and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. UKTV will not be liable for any damages of any kind arising from the use of any services or materials, the use of the Website or the unavailability of the Website, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the Materials of the Websites are not warranted to be uninterrupted or without error. You, not UKTV, assume the entire cost of all necessary servicing, repair or correction due to your use of the Website.
UKTV uses reasonable efforts to ensure the accuracy, correctness and reliability of the Materials, but we make no representations or warranties as to the Materials’ accuracy, correctness or reliability. Images of people or places displayed on the Websites are either the property of, or used with permission by, UKTV, Owners, or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Websites or by separate licence or agreement. Any unauthorised use of these images may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications’ regulations and statutes.
UKTV does not own and takes no responsibility for any Owner Materials and is not an agent of any Owner or any party named on or linked to the Website other than. In particular and without limitation, UKTV has no liability for any virus or other computer program that may harm any computer program or software contained in any Owner Materials. It is your responsibility to scan all items downloaded from the Website for viruses and any such other items.
You agree not to hold UKTV liable for any loss or damage of any sort incurred by you or any third party as a result of:
(i) the presence, availability or non-availability of any Materials, Owner Materials or other item or service supplied by any person (including image.net) on or through the Websites;
(ii) any dealings with Owners or other third parties; or
(iii) purchase or use of goods or services offered by Owners or other third parties on or through the Website.
Parties other than UKTV may provide services from the Website. UKTV does not evaluate or warrant the offerings or services of these parties, and except as otherwise provided by written agreement does not assume any liability for the actions, product, services, or content of these parties.
There may be links to other websites from the Website ("Third Party Sites"). UKTV does not control Third Party Sites and is not responsible for their content or any loss or damage suffered by you in relation to your use of such Third Party Sites.
You agree that UKTV (to the maximum extent permitted by applicable law) shall have no liability to you in relation to any dispute which you may have with any third party.
UKTV may immediately terminate your access to, and use of the Website and/or Services if UKTV
(i) reasonably believes that you have breached or may breach any of these Terms or any Owner's Terms;
(ii) is unable to verify or determine the accuracy or validity of any Registration Information;
(iii) suspects fraudulent, abusive or illegal activity is occurring or may occur; or
(iv) is instructed by any Owner to suspend your access to any Materials.
You shall indemnify UKTV, its parents, subsidiaries, affiliates, licensors, officers and employees against any losses, expenses, costs, damages or reasonable legal fees incurred by any or all of them as a result of
(i) your breach of these Terms;
(ii) your unauthorized use of the Materials, Website, or any content you transmit to or through the Website, as well as your conduct on or arising from the use of, the Materials, Website, Services or third party materials; and
(iii) any misrepresentation, act or omission made by you in connection with your use of the Website.
In the event that UKTV is entitled to be indemnified by you under this paragraph, you agree that it may contact you through the contact information provided to the UKTV Image Library by you.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and by using the Website you agree to submit to the exclusive jurisdiction of the Courts of England and Wales in the event of any claim or matter arising in relation to the Website and/or these Terms.
The Website is only intended to be accessed by residents in the United Kingdom. UKTV makes no representation that materials available on the Website comply with local laws in other jurisdictions.
These Terms may be updated, reworded, revised and/or modified (each an “Update”) from time to time by UKTV. It is your sole responsibility to ensure that you check these Terms on a regular basis to acquaint yourself with any Updates.
No action of UKTV, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms.
If any clause in these Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
UKTV reserves the right to change these Terms and any Material displayed on the Website without prior notice.
UKTV will use all reasonable endeavours to maintain the continuity of Services but UKTV shall not be liable for any breach of these Terms caused by any event beyond its reasonable control, including if for any reason the Website is unavailable at any time.
These Terms set out the entire agreement between UKTV and you relating to your use of the Website. Should you object to any of the Terms, or any subsequent changes to the Terms, or become dissatisfied with the Website in any way, your only recourse is to immediately discontinue using the Website and the Services.