WEB SITE TERMS
PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND 99cimages Ltd ("99cimages") THE OWNERS AND OPERATORS OF 99cimages.com (the "Site"). If you do not agree to accept and abide by these terms discontinue using the Site.
If you are obtaining image reproduction rights on behalf of your employer, you represent that you have the authority and right to bind the employer to the terms contained in this agreement.
99cimages is a marketplace that allows image owners ("Publishers") to offer and license their digital content ("Images" or "Content") to the Site's users ("You").
99cimages does not own any of the images listed or licensed through 99cimages, does not validate ownership of the Images nor edit the Images nor is 99cimages involved in the actual licensing between licensees (you) and licensors (Publishers). The Publisher License. is directly between licensees (you) and licensors (Publishers). 99cimages makes no representation or warranties in respect of the Images.
99cimages may revise and update these terms at any time and without notice. Your continued access or use of the Site after any such changes are posted will constitute your acceptance of these changes.
This Agreement is in addition to your obligations under the applicable Publisher License.
you may enter into on licensing an image from Publishers on this Site. In the event of any conflict or inconsistency between this Agreement and the Publisher License, the Publisher License will supersede this Agreement.
By using the Site and/or registering, you warrant that you are 18 years of age or older. .
The 99cimages service (the "Service")
The 99cimages manages the web site the Site that allows you to search for images, license images from Publishers and then download those images.
99cimages does not review the Images therefore 99cimages does not guarantee the quality nor legality of the Images. 99cimages makes no representation or warranties in respect of the Images.
In relation to the downloading, you will need sufficient resources to download Images and their licenses. Images will be available for download from the "/MyImages" section of the web site for a period of 60 minutes after purchase only. Once the /MyImages page disappears, images can no longer be downloaded.
Note that vectors are not supported by iOS, so cannot be downloaded onto iPads or iPhones.
99cimages takes no responsibility in the event of a failed download due to any of your responsibilities not being met.
Ownership of images
All images and related informational materials in any medium, as available on the Site including related text, captions, or information (collectively referred to as Content, as above), are protected by UK and international copyright laws, trademarks, moral rights, and other intellectual property rights.
Except as explicitly permitted under the applicable Publisher License, no portion or element of the Site or the Content may be copied or retransmitted via any means.
For the protection of the Publishers, Content may be visibly, invisibly, or electronically watermarked and may include the use of digital rights management system technology within Content. Such technology may permit online crawling or tracking of content obtained from 99cimages and/or other methods of protecting, monitoring, or tracking the unauthorized use of the content ("Rights Management Systems - RMS"). If you do not consent to 99cimages' use of RMS, do not use the Site or any Images therein. You agree not to knowingly disable any such technology or tool.
You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. 99cimages reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on this Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from 99cimages.
99cimages may restrict or remove Content from this Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from 99cimages.
The Publishers may immediately terminate any Publisher Licenses granted to you without notice if you fail to comply with any provision of this agreement or with the Publisher License applicable to your use. If a license is terminated, you agree to immediately (i) stop using this Site and the Content and (ii) delete all Content and all copies from all digital media and destroy all other copies.
You may not use the trademarks or service marks of 99cimages or those of the Publishers without 99cimages' or the respective Publisher's prior written consent. "99cimages", and the 99cimages logo, among others, are trademarks of 99cimages Ltd. Other product, company and Publisher names mentioned on the Site will be trademarks of their respective owners.
Due to technical difficulties with the internet, internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Site.
Neither 99cimages nor Publishers shall be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or your downloading of any of the Content from this Site.
As a convenience, our Site may link to other sites that may be of interest to you but are not under 99cimages' control. These links do not imply endorsement by 99cimages and we are not responsible for the availability of or the content contained in any linked site. 99cimages shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Sites or other linked services.
Despite our Publishers' efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site and its Content may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive.
You must satisfy yourself that all necessary rights, consents or permissions have been secured for your image reproduction purposes. 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.
Our Liability to you
99cimages (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses arising, directly or indirectly from:
1) your use of or your inability to use our Services;
2) delays or disruptions in our Services;
3) viruses or other malicious software obtained by accessing, or linking to, our Services;
4) glitches, bugs, errors, or inaccuracies of any kind in our Services;
5) damage to your hardware device from the use of any of our Services;
6) the content, actions, or inactions of third parties, including items listed using our Services;
7) a suspension or other action taken with respect to your account;
8) any issues or problems arising from your license(s) with Publishers.
99cimages make no representations or warranties whatsoever as to the ownership of the Images, nor that the appropriate releases have been obtained for reproduction of the Image. 99cimages make no representations or warranties whatsoever in relation to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Images.
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
99cimages PROVIDES YOU WITH THE SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER 99cimages NOR ANY 99cimages SUBSIDIARY, SUCCESSOR, PREDECESSOR, PARENT, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, CONTENT SOURCE, PUBLISHER OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO, THIS AGREEMENT, CONTENT OR THIS SITE, AND YOUR RIGHTS UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE CONTENT OR THIS SITE, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT SHALL 99cimages' OR ITS AFFILIATES' LIABILITY ARISING OUT OF YOUR USE OF THIS SITE OR INABILITY TO ACCESS THIS SITE OR ANY OF THE CONTENT EXCEED $500.
You agree to indemnify and hold harmless 99cimages and its officers, directors, employees, contractors, subsidiaries, and Publishers and other content partners against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of this agreement, (ii) Your use or modification of any images, or combination of any images, with any text or other content, (iii) Any failure to obtain from third parties all permissions necessary for your use of the images,; and (iv) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.
Copyright Infringement Policy ( UK equivalent DMCA )
Please note that we are a UK company and under UK law the DMCA act does not have an equivalent provision. However, in the interests of protecting your represented copyright holder we have adopted the principals of the US federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement. Please see our 99cimages DMCA / Copyright Infringement Notice
on the Site.
99cimages has adopted a policy of terminating access accounts and Site access, in appropriate circumstances and at 99cimages's sole discretion, to those who infringe the intellectual property rights of 99cimages, its Publishers or any third party.
This agreement, its validity and effect, shall be interpreted under and governed by the laws of England and be subject to the exclusive jurisdiction of the English courts.
This Agreement (along with the Publisher License, if applicable) constitutes the entire agreement between the parties.
No action of 99cimages, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement.
This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of 99cimages, provided that no purchase order or similar document issued by you shall modify this Agreement, even if signed by 99cimages. 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.
You may not assign or transfer this Agreement without 99cimages' prior written consent.
If you are unsure of your rights or obligations under this Agreement do not use the Site and contact 99cimages following us on Twitter, where we will respond to any questions you may have.