|NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE BRITISH LIBRARY BOARD, IN WHICH YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
TERMS AND CONDITIONS IN RESPECT OF SALE OF IMAGES BY IMAGES ONLINE
THE BRITISH LIBRAY
These Terms and Conditions set out how the relationship between You and the British Library Board will operate in regard to the purchase by You of Images sold by the British Library on the British Library's Images Online Website
1. The parties
1.1 The British Library Board is a statutory corporation established under the British Library Act 1972, with offices at 96 Euston Road, London NW1 2DB (the "British Library" or "US" or "WE")
1.2 You are the other party to these Terms and Conditions and you will enter your identification details into the Order Form you complete when purchasing the Images.
2. Contact information
2.1 If You have any questions about your order or You would like to return any Images purchased in accordance with these Terms and Conditions please email us on [email@example.com ] or telephone us on [ 020 7412 7755 ].
Act: means the Copyright Designs and Patents Act 1988. Image: includes a digital file, photograph, transparency, or negative offered for sale for the purposes of Reproduction via the Images Online Website including but not limited to images and metadata. Images Online Website: means the website at https://imagesonline.bl.uk Licence: means the legal document which set out the permissions granted to You on how you may use the Images. Order: means each separate order for Images made by you from the Images Online Website. Order Form: means the electronic form available on the Images Online Website which shall be used by You to Order the Images offered for sale on the Images Online Website. Reproduction: includes any form of publication or copying of the whole or part of any Image whether altered or not, and derived from any Image whether by printing, photography, slide projection, xerography, artists' reference, artists' illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means. Reproduction Fee: means the fee charged which entitles You to reproduce the Image. Payment Date: shall have the meaning ascribed to it in term 5.1(f). Working Days: means normal working days in the UL excluding weekends and bank holidays.
4. Application of these terms and conditions
4.1 These Terms and Conditions shall apply to the exclusion of all other terms and conditions in respect of the sale and purchase by you of the Images via the Images Online Website.
4.2 The British Library reserves the Right to change these Terms and Conditions from time to time. Any such changes will take effect when posted on the Images Online Website and it is Your responsibility to read these Terms and Conditions on each occasion you use the Images Online Website.
5. IF YOU ARE A CONSUMER OR BUSINESS:
Clause 5.1 only applies if You are a consumer:
5.1 If You are a consumer You may only purchase Images from the Images Online Website if You are at least 18 years old.
Clause 5.2 applies only if You are a business:
5.2 If you are not a consumer, you hereby confirm that you have the authority to bind any business on whose behalf you use the Images Online Website to purchase Images.
6.1 The technical steps required for the contract between You and the British Library to be made are as follows:
(a) You will be guided through the process of placing an order for Images by a series of simple instructions on the Images Online Website.
(b) Once you have selected the Images You wish to purchase and press the "proceed or Express Checkout You place the Order for the Images by entering your information into the Order Form and pressing the confirm order button at the end of the checkout process.
(c) You will then be shown a copy of your Order on the screen. If any of it is incorrect please amend Your Order.
(d) You will then be asked to confirm and pay for your Order.
(e) Once You have paid for your Order the British Library will send you a link from which you can download the Images you have purchased.
(f) Order, acceptance and the completion of the contract between You and the British Library will take place on the date on which you paid for Your Order (the "Payment Date").
6.2 The British Library has taken care in the preparation of the content of its Images Online Website, and in particular to ensure that:
(a) Prices quoted are correct at the time of their publication; and
(b) The Images have been fairly described.
6.3 The British Library retains its rights to reject Orders if there are material errors in the description of the Images or their prices as advertised on the Images Online Website. Non-acceptance of an Order may result from:
(a) One or more of the Images You ordered being unavailable;
(b) The identification of a pricing or description error in respect of the Images;
(c) You not meeting the eligibility to order criteria set out in these Terms and Conditions
7.1 If you are a consumer, under the consumer protection laws (such as the Consumer Protection (Distance Selling Regulations 2000) you have rights to cancel Your Order from the time the contract between you and the British Library is made (i.e. the Payment Date). You will have fourteen (14) Working Days from the day on which you receive the Images to cancel Your Order.
7.2 To cancel Your Order please contact us in writing by email to firstname.lastname@example.org Your cancellation is effective from the date on which You sent us the email.
7.3 You will receive a full refund of the Reproduction Fee you paid for the Images. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days from the date on which you notified us of cancellation as set out in clause 7.2.
7.4 On cancellation You will not be required to return digital files of the Images back to Us. However You must within 30 days of receiving a refund from Us delete and destroy from Your computer server any digital files of the Images and cease use of print copies of the Images except as permitted under the Act.
8.1 Your Order will be delivered to you by way of a link from which the Images You have purchased can be downloaded.
8.2 Delivery will take place when you have paid for the Images and be completed when you download the Image. Ownership and risk of loss or damage shall pass to you at the time you download the Image.
8.3 Subject to the other provisions of these Terms and Conditions, the British Library shall not be liable for any direct, indirect or consequential loss (including loss of profit, pure economic loss, loss of business), costs, damages, charges or expenses caused directly or indirectly by any delay in delivery of the Images.
8.4 The British Library shall not be liable for any non-delivery of Images unless you give Us written notice of non-delivery within 14 days of the date on which the Images should have been delivered as set out in 8.2.
8.5 Any liability of the British Library for non-delivery of the Images shall be limited to replacing the Images within a reasonable time.
9.1 Our total liability to You for any breach of these Terms and Conditions shall be limited to the amount paid by You to Us in respect of Your Order.
9.2 Except as expressly stated in these Terms and Conditions we do not give any representation, warranties or undertakings in relation to the Images. Any representation, condition or warranty which might be implied or incorporated into these Terms and Conditions by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Images are suitable for your purposes.
9.3 The British Library will take reasonable steps to keep the details of Your Order and payment secure, but unless We are negligent, We cannot be held liable for any unauthorised access to information provided by You.
9.4 We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Our contract with You for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss
9.5 Nothing in these Terms and Conditions shall exclude either Our liability for death or personal injury, fraud or any other liability that cannot be excluded under applicable law17.3(a) Loss of profitsLoss of profitsIt is a common misconception that loss of profits is an indirect or consequential loss. In fact, loss of profits (and any other kind of financial loss) can be a direct or indirect loss. Hide Note.
10. Intellectual Property and Licence of rights
10.1 You acknowledge that the British Library is the owner of the Images, and all ownership, title, interest and licensing rights in the Images shall belong to the British Library. In regards to Images derived from physical items that are no longer in copyright, in the event that any intellectual property rights are created in the creation of such images, or in the process of their arrangement and selection, the British Library owns all right, title and interest in these images and any intellectual property rights associated therewith, if any, throughout the world for the full term for which such rights subsist (including extensions and renewals).
10.2 Except as permitted in these Terms and Conditions no further copying, redistribution, sharing or resale of the Image is permitted without the express prior consent of the British Library, or unless permitted under the Act. You acknowledge that the Library shall make no representation nor be held liable should the Image be available elsewhere in the same or alternate formats.
10.3 Any rights or permissions granted to use the Images shall be non-exclusive and Reproduction for a geographical distribution limited to the territory in which rights to use the Images are granted. The British Library reserves the right not to permit Reproduction of an Image for any reason whatsoever. In order to support the historical and cultural integrity of the collections, advance written permission from the British Library is required to crop or alter the Image in any way.
10.4 Reproduction is personal to You and may not be assigned, nor may any Image submitted be loaned or transferred to third parties save for the purpose of the exercise by You of such Reproduction.
10.5 Any Reproduction rights granted is by way of a licence, and no partial or other assignment of any right shall be implied.
10.6 If any use of Images pursuant to this Agreement shall give rise in any country to a publication right (as defined in the Publication Right and Duration of Copyright and Rights in Performance Regulations 1995) or to any similar rights those rights shall belong exclusively to the British Library. You undertake to do all such things and to procure that any third parties in whom such rights may otherwise vest do all such things and sign and execute all such documents as may be required to vest all such rights exclusively in the British Library.
10.7 The British Library may at any time inspect any records, accounts and books relating to Your Reproduction of the Images to ensure that the use of the Images is in accordance with the rights granted to You under these Terms and Conditions If it is found that the Image is not being used in accordance with the rights granted, all rights shall revert to the British Library.
10.8 Each reproduction of an Image must retain all notices and attribution information relating to the Images. You will include a credit adjacent to each Image in the format "British Library Board **/**/20**", in addition to the original items shelf mark or identification number. If You fail to credit the Image as specified by the British Library an additional 50% of the Reproduction Fee you paid for the Images will be payable. You shall not use the name 'The British Library Board' or any similar name in any manner in connection with any Reproduction, except as part of the acknowledgement required as stated here.
10.9 You must satisfy yourself that all necessary rights, model releases or consents which may be required for Reproduction, are obtained and it is acknowledged that the British Library gives no warranty or undertaking that any such rights, releases or consents are, or will, be obtained whether in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture. In the event that the picture is used or reproduced by or with the authority of You then You shall indemnify the British Library against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained.
10.10 You must provide The British Library with 1 (one) complimentary copy of the publication in which the Reproduction appears.
10.11 Images shall not be loaned, rented, delivered, supplied, sold, sub-licensed or otherwise disposed of and no use whatsoever shall be made of them by You without prior written consent of the British Library.
11.1 If Your actions are on behalf of Your employer or another third party, then the Terms and Conditions apply to You and Your employer or other third party.
11.2 You agree to indemnify and hold the British Library harmless from any and all claims and expenses arising from Your use of an Image. Under all circumstances, the British Library's liability is strictly limited to the Reproduction Fee for the use of the Image involved.
11.3 Except as may be otherwise expressly stated in these Terms and Conditions, the British Library exclude to the fullest extent permitted by law, any warranty, express or implied, regarding the contents of the Images Online Website , or its availability. The British Library will not be liable for any damages of any kind arising from the use of the Images Online Website or its unavailability, including, but not limited to lost profits and direct, indirect, incidental, punitive and consequential damages.
11.4 These Terms and Conditions represent our entire agreement concerning the delivery of the Images to You.
11.5 Nothing in this Agreement shall be taken to restrict, limit or curtail any act permitted under the Copyright, Designs and Patents Act 1988 ("the Act"). Any conflict between this Agreement and the provisions of the Act, the provisions of the Act shall prevail.
11.6 We reserve the right to cancel an order or suspend or delay delivery or receipt without being liable for any loss or damage if supply of an Image is prevented or delayed by reasons beyond our reasonable control including war, civil strife, riots, adverse weather conditions, fire, flood, labour disputes, and/or accidents.
11.7 Neither party (unless and except as expressly permitted by this Agreement) shall be a partner, employee or agent of the other and neither party shall hold itself out as such.
11.8 All notices required to be given under these Terms and Conditions shall be given in writing in English and sent by electronic mail. All such notices shall be deemed to have been received 24 hours after successful transmission in the case of electronic mail.
11.9 This contract is between You and Us. No other person shall have any rights to enforce any of its terms whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
11.10 In the event that any of these terms, conditions hereto shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
11.11 You shall obtain written approval from the British Library prior to making any announcement or advertisement or releasing any information regarding this agreement or Your activities relating to its participation in this agreement. The British Library will respond to the request within ten Working Days from receipt of the request.
11.12 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against You, or if we delay in doing so, that will not mean that we have waived our rights against You and will not mean that You do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing and that does not mean that we will automatically waive any later default by you.
11.13 If you are a consumer please note that these Terms and Conditions are governed by English law. This means that any contract or dispute arising between You and Us in relation to Your purchase of Images and associated Reproduction rights will be governed by English law. You and We both agree to the courts of England and Wales having exclusive jurisdiction.
11.14 If you are business, any contract formed between Us and You, and any dispute or claim arising out of or in connection with it, or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England. You and We irrevocably agree that the courts of England shall have exclusive jurisdiction to settle claims or disputes arising out of or in connection with the contract between You and Us formed under these Terms and Conditions.
11.15 If any claim or dispute that arise between You and US cannot be resolved by negotiation the matter may be referred to mediation in accordance with Centre for Dispute Resolutions (CEDR) Model Mediation Procedures. If the dispute has not been settled by mediation within 3 months either party may then commence court proceedings and each party hereby submits to the exclusive jurisdiction of the courts of England and Wales.