 | Terms And Conditions |  |
About Us Braid Image are completely dedicated to your total satisfaction. If you have any suggestions or comments please email us using the link on the store page.
Our Contact details:
Braid Image
60 Rhodes Park North Berwick
East Lothian, Scotland EH39 5NA
United Kingdom
Phone: (0)1620 890780
Email: derek [at] braidimage [dot] co [dot] uk |
Making A Purchase Making a purchase could not be easier. Just browse our gallery, and add any photographs that you wish to buy onto the lightbox (shopping cart). After you have finished your selection, click on 'Checkout' and you will be asked for a few details that we need to be able to complete the order.
We accept credit and debit card payment and accept Visa, Mastercard and Maestro. If you are shopping from North America or anywhere else outwith the UK, place your order and your credit card company will convert the transaction to US Dollars or your own currency. UK companies may request an account to be opened and elect to have an invoice raised for payment in 30 days. Simply send an email requesting an account to be opened and an application form will be sent to you.
When confirmation of order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing and we have inadvertently under-priced a photograph, or we are no longer able to supply a particular photograph for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
License Agreement
If you are entering into this Agreement on behalf of your employer, the Licence granted and the restrictions and limitations on the use of the images set forth below apply to your employer as well as to you as a representative of your employer. Should you cease working for your employer, your employer (but not you) may continue to use the images under the terms of this Agreement.
1. Braid Image License Grant and Restrictions
1.1 Braid Image grants you a non-transferable, non-exclusive, worldwide, perpetual licence to store, reproduce and use the specific image(s) that you have purchased during this transaction, and any authorised derivatives or copies thereof, (collectively the “Images”) for your own commercial or non-commercial use as set out in clause 1.3 below,
but not for any other purposes.
1.2.1 The Images may be shared by creating an image library, image storage jukebox, network configuration or similar arrangement as long as no more than ten (10) individuals (including you) employed by the same entity have access to the Images (subject to clause 1.2.2 below). You expressly acknowledge that this is not a “simultaneous users licence” and you may not have more than ten (10) specific people access the Images even if only ten (10) people are accessing the Images at any particular time.
1.2.2 If you are an intermediary (e.g. an advertising or design agency) the Images must only be used by one client of yours, who must agree to be bound by the terms of this Agreement. You may allow individuals employed by your client to have access to the Images, provided the total number of individuals with access to the Images (including all those within your organisation and the client) remains no more than ten (10).
1.3 Specifically, you MAY:
1.3.1 use the Images any number of times on a worldwide, unlimited and perpetual basis for editorial purposes or as a part of advertising and promotional materials, packaging; multi-media including web-design, broadcasting, film/video/DVD, publishing; paper products such as postcards, greeting cards, or calendars; materials for personal, non-commercial use;
1.3.2 alter, manipulate and crop the Images;
1.3.3 use the Images in any other manner approved in writing by Braid Image.
1.4 Specifically, you MAY NOT:
1.4.1 sublicense, re-license, rent, resell or lease any of the Images to third parties separate or independent from a specific product, website, or similar;
1.4.2 copy or publish any of the Images to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the ten (10) authorised users, without prior written consent from Braid Image.
1.4.3 under the terms of this Agreement use the Images in commercial products where the Images are part of a framed print
1.4.4 use any of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Image Source in any manner;
1.4.5 sub-license, resell or otherwise distribute the Images to third parties except as an integral part of your product or web-page and only for the life and extent of such a product;
1.4.6 make the high-resolution (300 dpi or above) Images accessible for download beyond the scope of the licence rights provided by this Agreement or place the Images on-line in an FTP or other digital format;
1.4.7 incorporate any of the Images in a logo, trade mark or service mark;
1.4.8 use the Images in ways or contexts that might reasonably be construed as pornographic, defamatory, libellous or otherwise unlawful;
1.4.9 use the Images in such a way as to imply that any model depicted in the Images personally uses or endorses a product or service (for example, in testimonial advertising);
1.4.10 use Images depicting any model in any unduly controversial or unflattering context, unless accompanied with a statement indicating that the person is a model and the Images are being used for illustrative purposes only;
1.4.11 delete or alter the copyright symbol, the name Braid Image, or identification number or any other information from the electronic file by which the Images are supplied to you or from any copies of those files.
2. WARRANTY AND DISCLAIMER
2.1 Braid Image warrants the digital copy of the Images in the form duly purchased by you or your employer to be free from technical defects for 90 days from delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital copy of the Images or refund of the purchase price, at Image Source’s sole option. Image Source shall not, however, be liable if defects arise as a result of any modification, variation or addition to the Images not performed by us or caused by any abuse, corruption or incorrect use of the
Images with equipment or software which is incompatible. BRAID IMAGE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR LIABILITY TO YOU FOR ANY LOSSES SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE IMAGES. Some states do
not permit the exclusion of implied warranties, and you may have other rights, which may vary from state to state. NEITHER BRAID IMAGE NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING
OUT OF THIS LICENCE, THE USAGE OF THE IMAGES INCLUDING ANY CLAIM FOR LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM OF A THIRD PARTY OR OTHERWISE. HOWEVER, NOTHING IN THIS LICENCE LIMITS LIABILITY FOR FRAUDULENT MISREPRESENTATION OR OUR LIABILITY TO YOU IN THE EVENT OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE.
2.2 It is a condition of this Agreement that you obtain all necessary rights, model releases or consents which may be required for reproduction and use of the Images. We make no warranties with regard to the use of names, people, buildings, trade marks or copyright material depicted in any Image, or to the accuracy of any metadata, including, but not limited to, keywords and captions, with any Image. Furthermore, ensure that you examine the Image you
intend to use for possible defects before sending the Image for reproduction. Braid Image shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or its metadata or in any way from its reproduction.
3. CONSEQUENCES OF BREACH
3.1 Without prejudice to Braid Images’s other rights and remedies, the Licence and your right to use the Images shall automatically terminate, without prior notice or refund of any moneys paid, if you breach any express or implied term of this Agreement. In the event of termination, you must immediately destroy or delete all copies of the Images or, at Image Source’s request, return them to Braid Image.
3.2 You agree to indemnify Braid Image and hold Braid Image harmless against all claims arising out of any breach by you of this Agreement.
4. RESERVATION OF RIGHTS AND PROTECTION OF INTELLECTUAL PROPERTY
4.1 All rights to the Images are owned by Braid Image and / or its licensors and are protected internationally by copyright and other applicable laws. Braid Image and its licensors retain all rights not expressly granted under this Agreement. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to comply with the terms of this Agreement.
5. OTHER CONDITIONS
5.1 Use of the Images must be in compliance with all applicable laws, statutes and regulations. Braid Image reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternative Image. Upon notice of any discontinuance of a Licence for a particular Image, you and your client, if applicable, agree not to use the Image in the future. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remaining terms of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement represents the entire Agreement between the parties relating to its subject matter and may not be amended except in writing signed by an authorised representative of both parties.
5.2 The laws of Scotland whose courts are the courts of exclusive jurisdiction govern this Agreement, save that Braid Image shall have the right to bring proceedings in any jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of Image Source, such action is necessary or desirable. If you wish to use the Images in a manner not permitted under this Licence Agreement, please contact Braid Image as detailed above. |
| Shipping And Handling There is no charge for shipping. After purchase, all photographs are available for immediate download. |
| Delivery Schedule Web links are provided against each listed purchased image on the web page receipt. The web links are also contained within the confirmation email sent to you. Simply click on the web link, and save the image to your computer. |
| Back Orders This section does not apply. |
| Tax Charges Braid Image is not VAT Registered, therefore no VAT will be applied to orders. |
| Credit Card Security When the order is placed at our website, credit and debit card numbers are securly processed by SECPay. Braid Image do not see any credit card details. They are not held in clear text on any web site. |
| Guarantee See the terms above concerning the License Agreement. If you have any problems, please contact us. |
| Reaching Us If you need to reach us, please email us using the link on the store page, alternatively, you can call on (0)1620 890780 (International +44 (0)1620 890780) or write to us at 60 Rhodes Park, , North Berwick, East Lothian, Scotland, EH39 5NA, United Kingdom |
Privacy Policy Braid Image do not disclose buyers' information to third parties other than when order details are processed as part of the order fulfilment. In this case, the third party will not disclose any of the details to any other third party.
Cookies are used on this shopping site to keep track of the contents of your shopping cart, to store delivery addresses if the address book is used and to store your details if you select the 'Remember Me' Option. They are also used after you have logged on as part of that process. You can turn off cookies within your browser by going to 'Tools | Internet Options | Privacy' and selecting to block cookies. If you turn off cookies, you will be unable to place orders or benefit from the other features that use cookies. Data collected by this site is used to:
a. Take and fulfill customer orders
b. Administer and enhance the site and service |
| Returns Policy The Selling of Photographs from this web site is normally a business to business transaction and therefore the EU Distance Selling Directive does NOT apply. |
| Remittance Terms Payment should be made by credit or debit card when the order is placed. Alternatively, UK based companies can request an account to be opened and invoices will be raised for payment 30 days. |
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