Welcome To Tracks Images

Tracks Picture Library

Terms and Conditions of Use

 

Our website, www.tracksimages.com (“the Website”) is owned and operated by Tracks Images.com Limited of PO Box 117, Chorley, Lancashire PR6 0QR, England.

All Content on the Website is owned by us or by our content providers.

Set out below are the Terms and Conditions that will govern your use of the Website and any material available on it. Please read the Terms and Conditions carefully before you purchase or download any Digital Image or Software.

On the order page you will be required to indicate whether or not you accept the Terms and Conditions. If you accept them please click on the ‘Accept’ button. If you do not accept them please click on the ‘Decline’ button to decline this Agreement and exit the Website.

 

1.         Definitions

In these Terms and Conditions the following words shall have the following meanings:

(a)        ‘Tracks’, “we” or “us” means The Tracks Picture Library, a trading division of Tracks Images.com Limited, PO Box 17, Chorley, Lancashire PR6 0QR, England.

(b)        ‘You’ means a person who visits the Website and/or downloads any Digital Image or Software therefrom. You will procure that any Person supplied with any Digital Image will comply with these Terms and Conditions, and you will be personally liable to us if such Person fails to do so, as if such failure were a failure by you.

(c)        ‘Content’ means any and all of the Content featured or displayed on the Website, including, but not limited to, Digital Images, Software and all other text, graphics, photographs, still and/or moving images, audio material, illustrations and software.

(d)        ‘Digital Image(s)’ means and includes (but not by way of limitation) both Low Resolution and High Resolution Digital Imagery available for download from the Website.

(e)        ‘High Resolution Digital Imagery’ means high-resolution images and/or film clips available for downloading from the Website.

(f)        ‘Invoice’ means an invoice sent to you by us in accordance with these Terms and Conditions.

(g)        ‘Low Resolution Digital Imagery’ means low resolution images and film clips available for downloading from the Website.

(h)        ‘Person’ means any person, firm or company or any other legal entity.

(i)         ‘Software’ means any software program or code provided by us in order to support the use of Digital Images which are obtained by you from the Website.

(j)         ‘Reproduction’ and ‘Reproduce’ means any form of monochrome or colour copying, publication, distribution or other communication to the public of the whole or any part of any Digital Image(s) whether by printing, photography, slide projection, xerography, artist’s illustration, layout or presentation, or by electronic, internet, multimedia, digital or mechanical means or by any other means now known or hereafter invented.  ‘Reproduction’ also includes the use of the whole or any part of any Digital Image in the creation of another image, which may be partly or completely different from the original Digital Image whether or not such difference is caused wholly or partly by computer, electronic, digital, mechanical or any other means unknown or hereafter invented.

(k)        ‘The Website’ means the whole or any part of the web pages located at http://www.tracksimages.com (including but not by way of limitation the layout of the Website, graphic design elements of the individual web pages, underlying code elements and any text, graphics, sounds, animated elements or other content).

 

2.         Grant of Licence

(a)        In consideration of the payment by you of the fees itemised on the Invoice, we grant to you a non-exclusive licence to use the Digital Images and Software referred to on the Invoice subject to any special conditions agreed to by you and listed on the Invoice and the Terms and Conditions contained herein.

(b)        Save as expressly set out in these Terms and Conditions and on the Invoice, you acknowledge that you will not acquire any rights, including without limitation copyright and other intellectual property rights, in the Digital Images and Software, other than a non-exclusive licence granted in accordance with these Terms and Conditions and the Invoice.

(c)        Low-Resolution Digital Imagery may be used only for personal, non-commercial use and test or sample use, including composites and layouts. Low-Resolution Digital Imagery may not be used in any final materials including, but not limited to, advertising and marketing materials or any on-line, broadcast or other electronic distribution system (save that you may transmit composites digitally or electronically to your clients for their review), and may not be distributed, sub-licensed or made available for use or distribution separately or individually. You may not grant to any Person any rights in relation to the Low-Resolution Digital Imagery.

(d)        High-Resolution Digital Imagery may not be sub-licensed, re-sold or otherwise made available by you for use or distribution separately or detached from a product or web page. For example, High-Resolution Digital Imagery may be used as an integral part of a web page design, but may not be made available for separate downloading or in a format designed or intended for permanent storage or re-use by Website users. You may provide third parties with copies of High-Resolution Digital Imagery (including digital files) as an integral part of work product, but you may not separately provide them with High-Resolution Digital Imagery or permit the separate use of High-Resolution Digital Imagery. If any such use is required, it will be necessary for the third party to enter into a separate licence agreement directly with us.

(e)        Within twenty one (21) days following any commercial use of a Digital Image supplied by us to you hereunder you must send to us by email to images@tracks.co.uk a copy, sample or description of the licensed use.

(f)        The Digital Images may not be used in any manner which is indecent, defamatory or otherwise unlawful.

(g)        If a Digital Image featuring a model is used in a manner that implies endorsement, use of, or connection to a product or service by that model, or a potentially unflattering or controversial subject, you must publish a statement in conjunction with that Digital Image which clearly states that the person is a model and is used for illustrative purposes only.

(h)        Software may be used only in conjunction with Digital Images. Only one copy of the Digital Image and Software may be made for back-up purposes and may only be used if the original Digital Image or Software becomes defective, is destroyed or is otherwise irretrievably lost. Save as specifically provided in these Terms and Conditions, no Digital Image or Software may be shared or copied.

(i)         The license hereby granted is expressly subject to the condition that the copyright notice “© Tracks Limited 2011*. All rights reserved.” appears adjacent to any Digital Image sourced from the Website, or such a copyright notice is clearly visible on a credits page or screen.  *2011 indicates the year of first publication.

(j)         Digital Images are not licensed for use in a downloadable or FTP format.

(k)        Use of the Digital Images and Software must be in compliance with all applicable laws, including, but not limited to, laws and regulations relating to copyright.  Where our or our content providers’ rights with respect to any Digital Image and Software are adversely affected by any third party, we reserve the right to terminate any licence granted with respect to such Digital Image(s) and Software.  In the event of such termination, your sole remedy will be the replacement of such Digital Image(s) and Software with a licence for a mutually approved alternative Digital Image(s) and Software subject to the same Terms and Conditions as the original licence.

 

3.         Fees and charges

(a)        You can elect at the time of purchase to pay for the Digital Image(s) instantaneously by credit, debit card or by bank transfer. We will automatically debit your chosen card and following download of the Digital Image(s), we will email to you an Invoice confirming the transaction details and Reproduction rights granted with respect to each licensed Digital Image. If you wish to pay by bank transfer please remit the applicable licence fee to:

Bank Name:                HSBC Plc

Bank Address:                        26 Market Street, Chorley, Lancashire, PR7 2RX, England

Sort Code:                   401721

Account Name:           TracksImages.com Limited

Account No:                41494376

IBAN:                          GB09MIDL40172141494376

Ref:                             [Your name and the Applicable Digital Image(s)]

(b)        (i)         Should you be an approved account holder at the time of purchase, you may elect to pay for the Digital Image(s) via your account with us by entering your user name and password on the Order Page of the Website.  Following download of the Digital Image(s) we will email an Invoice to you confirming the fees payable and the Reproduction rights granted with respect to each licensed Digital Image.

(ii)        The total amount shown on the Invoice will be payable by you to us within thirty (30) days following the date of the Invoice.  We will be entitled to charge interest on amounts not so paid at the rate of three percent (3%) per annum above the Barclays Bank base rate for lending calculated from the due date until the total Invoice sum has actually been paid and, at our discretion, we may invoice any end-user directly for any Reproduction fees payable with respect to Digital Images supplied by or on your behalf. Your right to use any image licensed is subject to the prompt payment of the amount outstanding on the Invoice.

(c)        All payments hereunder are exclusive of Value Added Tax (“VAT”) which will additionally be payable by you (if applicable) on receipt of a valid VAT invoice.

 

4.         Copyright

The Digital Images, Software and other Content on the Website are all subject to copyright protection throughout the world. Your use of the Digital Images, Software or other Content does not grant to you any ownership rights in that material. You may not de-compile, reverse engineer, disassemble or otherwise reduce to readable form any Software contained on the Website.

 

5.         Reproduction rights in Digital Images

(a)        You acknowledge and agree:

(i)         Reproduction rights are strictly limited to the specific use(s) granted by us with respect to each Digital Image as detailed on the applicable Invoice emailed to you.

(ii)        Reproduction and re-use of any Digital Image without our express consent will constitute an infringement of copyright by you.  Reproduction rights are only granted on payment of the Invoice. Reproduction availability must be confirmed by us to you in writing before you Reproduce any Digital Image.

(iii)       Reproduction rights are granted by us for each Digital Image solely to you and are not assignable without our prior written consent.

(iv)       You acknowledge that any Digital Image of a person (including but not by way of limitation a person in the public eye or engaged in a competitive sport) may not be used in any manner which can be construed as that person’s endorsement of a product or service, nor may any Digital Image be used in a manner which can be construed as derogatory or defamatory of that person.

(b)        Should you require additional Reproduction rights in any Digital Image, you should revisit the Website and repurchase the desired Digital Image and specify such additional Reproduction rights as you require, including the proposed use, period of use, print run, media usage, end user, industry, territory and size and position of proposed Reproduction with respect to each Digital Image required. Alternatively, you can contact a Tracks sales representative on +44 (0)1257 269726 or send an email to images@tracks.co.uk

(c)        An Invoice will be emailed to you confirming the transaction details or fees payable and the additional Reproduction rights granted with respect to each Digital Image in which additional Reproduction rights are granted by us.  Such Reproduction fee as advised by us to you may vary per Digital Image depending on a number of factors including but not limited to the period of use, print run, media usage, end user, industry, territory and size and position of the proposed Reproduction.

(d)        If you are unsure of your usage rights under this Agreement or the applicable Invoice please contact us by email at images@tracks.co.uk, or by phone on +44 (0)1257 269726.

 

6.         Complaints

(a)        We aim to resolve any complaint you may have before it becomes a formal dispute. We will endeavour to provide timely resolution of any complaints. To that end you should retain all orders, Invoices and receipts documentation relating to any purchase in order to explain, authenticate and expedite any complaint you may have.

(b)        If you have a complaint about our products or services or are seeking a refund please send in the first instance an email to images@tracks.co.uk clearly describing the nature of your complaint. We will respond to you as soon as we can after reviewing your complaint or refund request, but in any event not later than five (5) working days following the date on which we receive your email.

 

7.         General

(a)        Use of the Website is at your own risk. Subject to these Terms and Conditions, you assume full responsibility and risk of loss resulting from your downloading, use of, or access to, data, files, information, Content, or other material on or acquired through the Website. To the extent permitted by law, we will not be liable for any damages whatsoever, whether direct, indirect, punitive, special, or consequential, including (but not limited to) loss of profits, loss of, or damage to, goodwill or other expectation, benefit or liability to any third party, that are directly or indirectly related to the use of, or the inability to use, the Website or any Content provided on it or through it, even if advised of the possibility of such damages or that such damages were foreseeable.

(b)        We warrant that we own or are authorised to supply for Reproduction the Digital Images supplied to you. Unless specified in writing we do not warrant to you the existence or validity of model, property or other releases with respect to any Digital Images you download. You must satisfy yourself as to Digital Image suitability, Reproduction quality and caption accuracy and that all necessary rights, consents, permissions and releases have been obtained prior to Reproduction by you of each Digital Image supplied by us.

(c)        To the full extent permitted by law, we exclude all warranties, statutory, express or implied, from these terms of supply and license, save as expressly set out herein.  Where any statutory terms may not be excluded, liability in respect of them is limited to the re-supply of goods or services.

(d)        You will indemnify and keep us indemnified from and against any and all loss, damage or liability suffered by us and resulting from any act, omission, negligence or default by you or your agents, principals, customers, clients or contractors, arising out of the Reproduction of a Digital Image or use of Software, in any manner.

(e)        (i)         you may not assign this Agreement without our prior written consent

(ii)        we may assign this Agreement or any of our rights hereunder and may transfer our obligations hereunder to any person, firm or company which has or acquires a controlling interest in us or in which we have or acquire a controlling interest.

(f)        Nothing herein contained shall constitute a partnership or joint venture between us.

(g)        These Terms and Conditions constitute the entire agreement between us regarding Digital Images, Software and any services supplied by us to you hereunder. No amendment, modification or change to these Terms and Conditions shall be effective unless agreed to in writing by us and by you.

(h)        These Terms and Conditions are subject to English Law and the English Courts shall have exclusive jurisdiction.