Photo Library Terms Conditions

Terms and Conditions

Please read the following terms and conditions carefully before using the mackins.co.uk website. Using this website indicates that you accept these terms. If you do not accept these terms and conditions(" terms" ), do not use this website.

By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement. Any image(s) ordered means you are accepting and agreeing to our terms and conditions.

Please note that in the unlikely event there is a problem with your purchase, that you will have to pay the postage to return it to us. If a refund is requested, we will do so if the product is returned in the same condition as delivered to you. We will also have to contact the courier, so there may be a little delay in the refund.

Welcome to the mackins.co.uk website. Below are the Terms that govern your use of this site.
These terms constitute a legal agreement between you and mackins.co.uk / Steve Mackins. (" we" or " our" ). Please read this agreement (" agreement" ) in its entirety before you continue to use this website or download any image. If you do not agree, discontinue using the site.

mackins.co.uk - Licensed End User Licence Agreement (EULA)
This is a legal agreement between you or your company, firm or other organisation (" you" ) and mackins.co.uk / Steve Mackins (" mackins.co.uk" ). mackins.co.uk has been appointed agent by its Contributors to grant this Licence on their behalf.

Please read this agreement carefully in its entirety before you download or use any image. By confirming the purchase of the Image(s) or downloading the Image(s) you have selected from this website you agree to be bound by the terms of this EULA (the " Agreement" ) and the Image usage restrictions contained herein.

Definitions
" Terms"
Means the terms and conditions set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.

" Contributor"
Means the owner(s) of the copyright in the Image(s) or their agent(s) who have submitted the Image(s) to mackins.co.uk / Steve Mackins.

" mackins.co.uk" & " we"
Means mackins.co.uk / Steve Mackins.

" Invoice"
Means the computer-generated or pre-printed invoice provided by mackins.co.uk that may include, without limitation, details of the Images selected, any limitations on the Licence in addition to those specified herein, the key terms of the Licence and the corresponding price for the Licence. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.

" Image(s)"
Means the Image(s) you have selected which are identified on the Invoice.

" Licence"
Means the non-exclusive non-sublicensable right mackins.co.uk grants to you to use the Image(s).

" Reproduction"
Includes any form of copying or publication of the whole or part of any Image whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means.

Reproduction further includes the copying or distortion or manipulation of the whole or part of any Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image may not appear to a reasonable person to be derived from the original Image.

" Release"
Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Image.

" Licence Fee"
Means any sum or sums payable to mackins.co.uk by you in respect of the Licence.

Contracting parties
The parties to this contract are mackins.co.uk and you. mackins.co.uk has been appointed agent by its Contributors to grant this Licence on their behalf.

Discounts
2. Any discounts offered are at the sole discretion of mackins.co.uk. mackins.co.uk reserves the right to not grant a discount in certain circumstances. With discounts offered to 'editorial' clients mackins.co.uk reserves the right to receive proof of usage either upfront in the form of layouts, or a copy of the printed literature to be sent within 7 days of printing. If mackins.co.uk deems the usage to be other than editorial mackins.co.uk reserves the right to invoice the full amount and withdraw the discount.

Grant of rights and restrictions
3.1 mackins.co.uk grants to you a non-exclusive, non-sublicensable and non-assignable right to Reproduce the Image(s) solely in the manner and for the purposes set out in the invoice. Use of the image(s) is restricted to the agreed use, medium, period of time, placement, print run, size of licensed image, territory and any other restrictions specified out in the invoice.

3.2 mackins.co.uk, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Image(s) to ensure that the Image(s) are being used in accordance with this Agreement.

3.3 Images must not be reproduced more than once unless agreed in advance and specified in the invoice.

3.4 If you are an intermediary (for example an advertising agency) you may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but you may sub-license an Image as part of a derivative work (for example an advertisement) to your clients. Should your clients wish to incorporate the Image in their own work they should contact mackins.co.uk to purchase a licence. A Licence to use an Image on or in a product does not imply any right on your part to use the Image in any manner in the advertising or promotion of such product, which right must be negotiated separately.

3.5 The Image(s) as stored by you must retain the copyright symbol, the name of mackins.co.uk, the Image(s)' identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Image(s).

3.6 The Image(s) may not be distributed by a mobile phone device in a way that would allow any third party to download, extract or access the Image(s) as a standalone file.

3.7 You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.

3.8 The Image(s) may not be sublicensed, resold or otherwise made available for downloading, use or distribution separately. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, your customers may be provided with copies of the Image(s) as an integral part of work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately.

3.9 If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or (ii) if the depiction of the model in the Image would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the Image is being used for illustrative purposes only.

3.10 mackins.co.uk may at any time hereafter notify you that certain Images are no longer available for use under this Agreement and upon such notification the Licence shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at mackins.co.uk's discretion, the replacement of such recalled Image with another Image or refund of the Licence Fee to the extent attributable to such recalled Image.

3.11 mackins.co.uk does not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s).

3.12 You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.

3.13 You must abide by any restriction on use notified to you by mackins.co.uk before, after or at the time of delivery of the Image(s), either in the information accompanying the Image(s), the Invoice or otherwise.



4. Copyright issues
No ownership or copyright in any Image shall pass to you by the issue of the Licence. Unless otherwise agreed in writing, if any Image is reproduced by you for editorial purposes (i.e., for any non-promotional purpose) you must include the credit line " mackins.co.uk" , or any other credit line specified by mackins.co.uk. If a credit line is omitted then an additional fee equal to thirty percent (30%) of the original amount invoiced attributable to the Image in question shall be payable by you.

Warranty and limitation of liability
5.1 mackins.co.uk guarantees that should any Image have defects in material or workmanship and these are notified in writing to mackins.co.uk within seven days from the date of delivery of the Image then mackins.co.uk will either replace the Image with another digital copy of the Image free from defect or refund the Licence Fee paid by you to the extent attributable to the defective Image, at mackins.co.uk's option.

5.2 mackins.co.uk makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither mackins.co.uk nor its contributors shall be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of mackins.co.uk, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if mackins.co.uk has been advised of the possibility of such damages, costs or losses. mackins.co.uk's maximum liability arising out of or in connection with your use of or inability to use the Image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to five (5) times the value paid by you for the relevant Image.

5.3 The terms of clause 5.2 shall not preclude any liability or claim for death or bodily injury or any claim arising from wilful default or gross negligence on the part of mackins.co.uk or any of its employees, agents or otherwise. Each provision of clause 5.2 is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and shall remain in force notwithstanding the termination of this Agreement.

6. Payment
No Reproduction of any Image is authorised until payment in full has been received by mackins.co.uk. Any Reproduction by you or on your behalf prior to payment being received by mackins.co.uk constitutes a breach of this Agreement which entitles mackins.co.uk immediately to terminate this Agreement and further constitutes an infringement of copyright. All cheques must be made payable to Steve Mackins. International clients will be invoiced in Sterling, Euros or US dollars, exchange rates will be notified on day images are ordered and prices confirmed.

mackins.co.uk reserves the right in some instances to be paid in Sterling by some international clients. For EU clients there will be VAT added to the bill if the clients EU VAT number is not supplied to mackins.co.uk when requested. mackins.co.uk reserves the right to ask for upfront payment by PayPal or Moneybookers for some International clients before images are sent, this is at mackins.co.uk's discretion and will be notified upon receipt of order.

7. Indemnity
You agree to indemnify and hold mackins.co.uk and its Contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any Image supplied to you by mackins.co.uk, on behalf of the Contributor, or any other breach by you of any of your obligations under this Agreement.

Release information
8.1 mackins.co.uk gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).

8.2 mackins.co.uk gives no representations or warranties whatsoever with respect to the use of names, trade marks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Image.

8.3 You must satisfy yourself that all Releases as may be required for Reproduction of the Image(s) have been secured. You are solely responsible for obtaining all such Releases and the Licence is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Image usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by mackins.co.uk employees or representatives save as set out in this Agreement.

9.Licence fee
Use of an Image in a manner not specifically authorised under the terms set out in the Invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright. You agree to notify mackins.co.uk in the event that you decide to change the usage for the image(s) and pay an additional license fee.

10. Cancellation policy
You agree to notify mackins.co.uk within 48 hours of receipt of images if you are not satisfied with an image and the license will be cancelled. Provided you have not used the image(s) you may cancel the Licence within 30 days of receipt of the image(s) by sending written notification by email to sales@mackins.co.uk. You may cancel the Licence within 7 days without charge. If you cancel within 30 days of receipt of image(s) you will be charged a cancellation fee of 50% of the Invoice. After 30 days no cancellations are accepted and the full amount of the invoice must be paid. In no circumstances may a cancelled image be used in any manner.

11.1 Invoices
All Invoices are payable by you within 30 days. and cheques must be made payable to Steve Mackins. VAT will be added at the current rate of 17.5%. VAT registration number is: 760 1918 36 in the name of S D Wilson.

11.2 If you do not make full payment of an Invoice on time mackins.co.uk reserves the right to charge interest on the outstanding amount at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made.

12. Condition of images
You should make sure that you examine the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Subject to clause 5.1, mackins.co.uk shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or its caption or in any way from its Reproduction.

13. Downtime
Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Image(s) purchased.

Miscellaneous terms
14.1 The Licence will terminate immediately if you (a) enter into voluntary or compulsory liquidation, (b) have a receiver appointed or (c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.

14.2 No variation of any of these Terms shall be effective unless in writing and signed by mackins.co.uk and you. No action of mackins.co.uk, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that mackins.co.uk waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.

14.3 Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.

14.4 This agreement, its validity and effect, shall be interpreted under and governed by the laws of England and Wales and be subject to the exclusive jurisdiction of the English courts. If mackins.co.uk is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify mackins.co.uk in respect of all reasonable legal fees and costs incurred by mackins.co.uk in relation thereto.

14.5 We reserve the right to change these Terms, the Security & Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between mackins.co.uk and you relating to your use of this website.

Privacy and Security

We will not send you any unsolicited mail as a result of your order and we will not pass on your details to any third party. Your personal data will be protected and treated in accordance with the Data Protection Act 1998.

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