ORGANICS IMAGE LIBRARY LICENCE AGREEMENT

Please carefully read through these contractual terms before using the web site and before ordering images. If you agree to the terms, please confirm this by clicking on the "Accept" button before submitting your order. If you do not agree you will not be able to enter organics image library.

CD SALES:

Breaking the seal on the CD-ROM implies acceptance of these contractual terms. In the event that you do not accept the conditions and have not broken the seal, you must return the unopened and unused CD-ROM package(s) to organics image library.com (organics image library) immediately for a refund of the purchase price.

1. Ownership of the site and of the images

   This web site is the property of and is operated by organics image library. The content and all material (including the images) displayed and/or offered are the property of organics image library directly or have been licensed to organics image library for marketing purposes.

   All components of this website and the images are protected by copyright on a worldwide basis. Without express prior approval from organics image library it is prohibited to copy, transfer or save either the entire website or parts thereof, using whatever means.

2. Data protection

   In order to process your orders or provide services we require certain personal data from you. This information may include company, contact name, address, telephone number, fax number, e-mail address, web site and credit card number. We guarantee that this data will only be used to perform the transaction requested. You acknowledge that the nature of the internet means that this information may pass through different countries and jurisdictions and you give your consent to this information being processed in this way.

3. Licensing

   You may get a licence from us to use the images at this site by accepting these conditions (licence agreement) and by payment of the fees invoiced. On fulfilment of the above requirements the person whose name and address is specified in the order receives the right to use the images, subject to the restrictions listed below. Without licence you are not permitted to use material (including the images), information or other content from this website without our consent. Furthermore, you are not authorised to reproduce or use images or image collections (the images) ordered from us, irrespective of how the images are delivered (download, CD-ROM, or any other means).

4. Use of images

   You may use and modify the images subject to the restrictions stated in this contract: Images may not be leased, sub-licensed, assigned or transferred to other persons or organisations in any form (e.g. compilations, composing, etc.) without our consent. If copyright or other rights exist in work which you create using the images those rights shall be regarded as having been assigned to organics image library without further action as soon as they are created. You are obliged to provide us with all documentation/data required to record the assignment immediately after creation. This condition shall also apply to the new work/image in its entirety.

The images may be used on a network or multi-user system on up to a maximum of twenty workstations or computers at one time. The images may only be used on computers under your supervision. Images or other content from our web site may not be placed on any other web site or other internet bulletin board and may not be loaded in a downloadable format or in a format with a resolution of greater than 72dpi. The use of the images for personal use is permitted.

The following types of usage are also permitted: comps, layouts for presentations, rough drawings, designs, draft sketches, advertising and publicity materials, advertising brochures, publications, sales presentations, marketing.

Areas of usage not permitted in print:

The following types of usage are NOT permitted unless a separate cost has been negotiated and agreed in writing with organics image library: Greetings cards; posters; mouse mats; calendars; fridge magnets; bags, wrapping paper; clothing and merchandise; including T-shirts, towels; tea-towels; chinaware; glassware; ceramics; soft furnishing; wallpaper; curtains blinds; textiles and fabric; preprinted stationary for resale (e.g. 'notelets') and blank cards. Usage is also not permitted within logos and trademarks.

You are obliged to ensure that the images are not used in association with or for the production of pornographic, obscene or other degrading depictions. In addition we would point out that no copyright or trade mark registrations may be amended, deleted or added to our web site or images. As licensee you accept liability for the use of the images and indemnify organics image library and Nic Miller from any third-party claims arising from use of the images.

We would kindly request that you use our credit line 'Nic Miller/organicsimageibrary.com' with all images.

5. Model and Property Releases

   Organics image library gives no representations or warranties whatsoever as to the existence of any Release associated with the Image.

   Organics image library gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image.

   You must satisfy yourself that all necessary rights, consents or permissions as may be required for Reproduction of the Image have been secured.

6. Duration of the licence

   The licence is issued for an indefinite period. The licence shall expire without notice in the event of breach of the terms on your part, insolvency and, in the case of debt, composition. Upon termination of the licence you shall be obliged to destroy the images and any copies made (including those saved on hard drives and back-up disks) and provide us with written confirmation to this effect.

7. Warranty
   CD SALES

   In the event that images or media on which the images are recorded being damaged, we reserve the right to rectify faults / arrange substitute delivery. This is subject to the material being returned within 30 days from receipt and with a written description of the defects. We give no warranty for cost-free, defect-free and interruption-free operation of the website. We do not warrant that the images will meet your requirements or that their operation will be uninterrupted or error free. We shall not be held liable for direct or indirect loss of any kind caused by use of the images or other content These terms and conditions do not affect your statutory rights.

   Please note that although we make every effort we cannot guarantee that any Latin or other names used to describe items on our web site are correct.

8. Cancellation policy

   We do not refund the whole or any part of any payment made by you to us in the event that you fail to use or stop using any image.

9. Miscellaneous provisions

   Any verbal or other representations given by us or on our behalf shall not be binding on us. We accept no liability for the use of the images whatsoever, except for any claim for personal injury arising from our negligence. Should individual provisions of these terms and conditions become ineffective, the validity of the remaining terms and conditions shall not otherwise be affected and the remaining terms and conditions shall stand.
   This contract is subject to English law.

These terms and conditions and all matters arising from them are governed by and construed in accordance with the laws of England and Wales whose courts shall have exclusive jurisdiction over all disputes arising in connection with these terms and conditions.