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LICENCE / TERMS & CONDITIONS OF USE FOR FOOD-IMAGE.COM WEBSITE & IMAGES NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND FOOD-IMAGE.COM (hereafter 'we' means 'us', 'Food-Image.Com' and 'you' means the person, firm or company we provide services to). Please read these terms and conditions before using this site, or downloading any images. BY TICKING THE 'I Accept Terms & Conditions' BOX, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. INTRODUCTION 1. Co-operation You agree to help us by making available to us all relevant information and by co-operating with us. In particular, you agree to give a clear brief to us and ensure that all facts given about the particular project are accurate and in no way misleading. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other documentation or information issued by us shall be subject to correction without any liability on our part. If there is a specific contract between us and you and there is any conflict between that contract and these terms, the terms of the specific contract shall prevail. OWNERSHIP OF THE WEBSITE 2. The Firework Factory t/a Food-Image.Com 2.1 This website is owned and operated by Food-Image.Com. All elements of the site, including the content and the general design are protected by copyright, trademark, trade dress and other UK and international laws relating to intellectual property. THE PERMITTED USE OF IMAGES 3. Comp Use: Food-Image.Com grants you a personal, non-transferable, non-exclusive right to copy the preview images you have selected onto your computer hard drive and to use the image and any derivative works or copies (collectively 'the Image') on one computer and with one user at a time. The Image may only be copied, modified and incorporated in materials for comprehensive layouts ('Comps'). The Comps ('Preview Images') can only be used as in-house presentations, story boards, or rough draft designs for yourself or your clients. RESTRICTIONS AS TO USE OF IMAGES 4. Use of the Image beyond the terms of the limited licence agreement without first obtaining an additional licence. 4.1 Create any derivative use of an Image without prior written consent. 4.2 Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context of juxtaposition with specific subject matter. 4.3 Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe or degrade any trade name, trademark or service mark. 4.4 Archive, publish or transmit any Image on any database without Food-Image.Com's prior written consent. 4.5 Copy or publish any Image to a network or bulletin board, or otherwise distribute or allow any Image to be distributed to or used by anyone other than the authorised users, without prior written consent from Food-Image.Com. 4.6 Sub-licence, re-licence, rent, lease or resell. 4.7 Use of an Image to promote a business that sells or licences photographic images, or otherwise competes with Food-Image.Com in any manner. 4.8 Ship, transfer via e-mail or any other electronic means export any image into any country or use any image in any manner prohibited by any export laws, restrictions or regulations. RELEASES 5. No model releases or other releases exist on any Image unless the existence of such release is specified in writing by Food-Image.Com. INDEMNITY 6. You agree to indemnify and hold Food-Image.Com harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees arising from the use of an Image or any breach of this agreement. NO WARRANTY 7. Food-Image.Com gives no rights or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any picture, and the user must satisfy itself that all necessary rights, consents or permission as may be required for reproduction are secured. Food-Image.Com identified the caption for each image to the best of its ability but cannot be held responsible for erroneous or incomplete caption information. 7.1. In any event and under all circumstances, the limit of liability of Food-Image.Com shall be the sum paid to Food-Image.Com per the invoice for the use of the image involved. PAYMENT TERMS 8. Payments are accepted and verified prior to download of images. Images will only be released for download once transactions have been completed. CONFIDENTIALITY 9. Food-Image.Com operates a Secure Payment System (128bit SSL) ensuring the security of your payment card details. During our performance of the contract, you may provide us with information that you regard as confidential. You may regard the detail of the work that we are doing for you as confidential. We agree to keep this type of information confidential and not to disclose it without your consent. TERMINATION OF TRADING 10. We may, without prejudice to any of our other rights, suspend the work we are undertaking for you and/or by notice in writing to you terminate our contract with you if:- An order is made or a resolution is passed for your winding-up or a receiver, administrative receiver is appointed over any of your assets or undertaking; or (being an individual) an order is made for your bankruptcy; or you are unable to pay your debts within the meaning of Section 123 of the UK Insolvency Act 1986 (or any other international bankruptcy proceedings) or you make a composition with your creditors. 10.1 Compensation for loss of profit on work undertaken but not yet billed and work not yet undertaken; and Our costs incurred in respect of subcontractors and suppliers, including fees for work carried out and any compensation for early termination. Force Majeure. For the purposes of this sub-clause 'Force Majeure' shall mean any circumstances or events beyond a party's reasonable control including but not limited to, act of God, war, riot, trade embargo, strike, lock out, trade dispute, breakdown of plant or machinery, difficulty or increased expense in finding workmen, materials or transport, accident, fire, flood, storm, any order of local or national government or international authority or any other circumstances affecting the performance of the obligations set out in the contract. If either party is affected by Force Majeure it shall immediately notify the other party of the nature and extent of it. Neither party shall be deemed to be in breach of the contract or otherwise liable to the other by reason of any delay in the performance or non-performance of any of its obligations under the contract to the extent that such delay or non-performance is due to Force Majeure of which it has notified the other party and the time for performance of that obligation shall be extended accordingly. DELIVERY OF DIGITAL IMAGES 11. Digital files are provided 'as is'. Food-Image.Com makes no representation or warranty, either express or implied, included but not limited to any implied warranties of merchantability, fitness for any particular purpose, non-infringement, quality of image, or compatibility with any computer hardware or other equipment's, operating system or software programme. Food-Image.Com makes no representation or warranties as to the accuracy of content, or that the use of the site will be uninterrupted or error free. The use of this site is at your own risk. You may have additional rights under some UK laws. LIMITATION OF LIABILITY 12. Under no circumstances will Food-Image.Com be liable for any direct, incidental, consequential, indirect or punitive damages as a result of the use of this site or from your access or use of the images on this site. In any event, the limit of liability to Food-Image.Com shall be the fee paid for the image to Food-Image.Com. PROTECTION OF IMAGES 13. In any way, until an invoice indicating user's right to use same is paid in full, unless otherwise specifically stated, images remain the property of Food-Image.Com. User does not acquire any right, title or interest in or to any image, including without limitation, any electronic reproduction or promotional rights and will not make, authorise or permit any use of the digital files made there from other than as specified herein. Full credit and copyright information must remain with file. All rights not specifically granted herein to User are reserved for Food-Image.Com's use and disposition without any limitation whatsoever. DISPUTES OR CLAIMS 14. If Food-Image.Com is caused to present claims or suit as a result of any breach of the above terms set forth, it shall be made whole for such reasonable legal fees or costs by User. 14.1. Any claim by you which is based on any defect in the quality or condition of our work shall (whether or not delivery is refused by you) be notified to us in writing within 10 days of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days after discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you will not be entitled to reject the work and we shall have no liability for such defect or failure, and you will be bound to pay the price as if our work had been delivered in accordance with the contract. MISCELLANEOUS 15. This agreement is not assignable or transferable on the part of User. This contract contains all the terms of the agreement between us (Food-Image.Com and User) concerning Sales, transmission, delivery and review of images. All sales are final. 15.1 We reserve absolute right to alter any information, prices, image specification including our Terms and Conditions, licence terms or prices without notice. These conditions set out the entire agreement between Food-Image.com in relation to your use of this website. GENERAL 16. Any notice required or permitted to be given by either party to the other under these Contract Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may have been notified pursuant to this clause to the party giving the notice and may be delivered personally, by first class post, by first class airmail, letter or by fax. A notice shall be deemed to have been served if personally delivered at the time of delivery, if sent by first class post 48 hours after posting. If delivered by first class airmail letter 7 clear days after posting or if sent by fax at the time of transmission.