Terms and Conditions

NOTICE TO USER:

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SARGASSO MEDIA LTD. BY PURCHASING IMAGES FROM THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Sargasso Media Ltd reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by Sargasso Media Ltd. All elements of the site, including the content and the general design are protected by copyright.

PERMITTED USAGE

Comp Use: Sargasso Media grants you a personal, nontransferable, nonexclusive licence to copy the low-resolution images you have selected onto your computer hard drive. The images may only be copied, modified and incorporated in materials for sample use including comprehensive layouts ("comp use"). The Images may not be used in any final materials distributed internally or to the public. All other rights are reserved to Sargasso Media. You must contact Sargasso Media at info@sargasso.uk.com to obtain a licence for additional use. Other than the above Comp Use, images may not be used in any way, until an invoice indicating User's right to use same is paid in full unless other payment arrangements have been made. If the image has been purchased and downloaded through this site using a credit card or approved credit account, Sargasso Media grants you the non-exclusive right to use the Images according to the rights selected and indicated on the menu of the Sargasso Media on-line licencing process.

RESTRICTIONS AS TO USE

The following uses are prohibited:

• Use of the Image beyond the terms of the issued licence agreement without first obtaining an additional licence, including any electronic reproduction or promotional rights.
• Create any derivative use of an Image unless indicated on the invoice.
• Sublicence, re-licence, rent or lease any of the Images.
• Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.
• Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.
• Archive, republish or transmit any images on any database or 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 authorized users, without prior written consent from Sargasso Media.
• Use of any Image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a licence for such purpose.
• Use of the Images to promote a business that sells or licences photographic images, or otherwise competes with Sargasso Media in any manner.
• Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

CREDIT

Images used editorially should bear a credit line in the form: Photographer name/© Sargasso Media Ltd.

TERMINATION:

Sargasso Media reserves the right to automatically terminate the licence contained in this agreement without notice if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Image, delete the Image and all copies from all magnetic media and destroy all other copies. Sargasso Media reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future.

RETENTION OF DIGITAL FILES:

Digital files may be retained for ninety (90) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licenced under this Agreement. Sargasso Media's copyright information and Image identification number must be retained with the digital files while you retain them. Exception: If your company has an image management library and keeps records that include the source, copyright, licencing and contact information for each image contained therein, then the digital images may be maintained in the company image library upon written notification to Sargasso Media. This privilege shall be revoked if your company fails in its obligation to request a licence or licence renewal for an image it uses from the library. Sargasso Media reserves the right to audit your image library by written request during normal business hours if there is evidence of a violation of this provision.

PAYMENT TERMS:

Payment of any invoice issued for a transaction from this site is due within thirty (30) days of the date of invoice. Any claims for adjustment or rejection of terms must be made to Sargasso Media within ten (10) days after receipt of invoice.

INDEMNITY:

You agree to indemnify and hold Sargasso Media, and the copyright holder, 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.

GENERAL DISCLAIMERS:

SARGASSO MEDIA 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 IMAGE, AND THE USER MUST SATISFY ITSELF THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION AS MAY BE REQUIRED FOR REPRODUCTION ARE SECURED. SARGASSO MEDIA IDENTIFIED THE CAPTION FOR EACH IMAGE TO THE BEST OF ITS ABILITY, BUT CANNOT BE HELD RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES EXIST ON ANY IMAGES UNLESS THE EXISTENCE OF SUCH RELEASE IS SPECIFIED IN WRITING BY SARGASSO MEDIA.

DIGITAL FILES ARE PROVIDED "AS IS." SARGASSO MEDIA MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM. SARGASSO MEDIA MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE USE OF THIS SITE IS AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES WILL SARGASSO MEDIA OR THE OWNER OF THE IMAGES 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 OF THE COPYRIGHT OWNER OF THE IMAGE AND SARGASSO MEDIA SHALL BE THE FEE PAID FOR THE IMAGE TO SARGASSO MEDIA.

UNAUTHORIZED USE/RETROACTIVE LICENCE FEE:

Since it is difficult to determine damages resulting from unauthorized usage, in the event you utilize an Image other than for the usage indicated on our Invoice, we agree to forego our right to sue you for copyright infringement and you agree to pay, as liquidated damages, a retroactive licence equal to ten (10) times the normal price we would have charged for such unauthorized use within ten (10) days of our billing such fee. If you fail to make such payment, this liquidated damage provision shall be void and we shall have the right to sue for copyright infringement and/or breach of contract, for which we will seek all damages and remedies available, including court fees and all associated costs.

In the event that any Images are used by User in publications, User shall provide Sargasso Media with one (1) free copy of such publication immediately upon printing.

This contract contains all the terms of the agreement between us (COMPANY and User) concerning transmission, delivery and review of Images, and no term or conditions may be added or deleted unless made in writing and signed by both of us. These terms and the terms of any subsequent invoice supersede any and all terms of the client's purchase order. Any subsequent invoice may contain additional terms relating to the rights granted and the type of usage allowed.