This is a legal agreement between you or your company, firm or other organization ("you") and Alamy Inc ("Alamy"). Alamy has been appointed agent by its Contributors to grant this License on their behalf.
Please read this agreement carefully in its entirety before you download or use any Image/Video. By confirming the purchase of the Image/Video(s) or downloading the Image/Video(s) you have selected from this website you agree to be bound by the terms of this LA (the "Agreement") and the Image/Video usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused Image/Video(s) and notify Alamy by email to the following address: email@example.com within thirty days from the invoice date for a full refund.
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.
Means the owner(s) of the copyright in the Image/Video(s) or their agent(s) who have submitted the Image/Video(s) to Alamy.
Means Alamy Inc.
“Alamy Live News”
Means the section of the Alamy website which contains Images relating to events that have occurred recently, or Images marked in the Alamy search engine as being newsworthy and coming from the Alamy Live News Feed.
Means the computer-generated or pre-printed invoice provided by Alamy that may include, without limitation, details of the Images/Videos selected, any limitations on the License in addition to those specified herein, the key terms of the License and the corresponding price for the License. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms. The Invoice will specify if any Images bought are Royalty Free Images if applicable.
Means the Image(s) or Video clip(s) you have selected which are identified on the Invoice.
Means all property, intellectual, industrial design and moral rights of every kind and nature, including all applications thereof, including but not limited to copyrights, trademarks, service marks, trade names, trade dress, symbols, logos and designs, trade secret rights and registrations, initial applications, renewal extensions, continuations, divisions or reissues thereof.
Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right Alamy grants to you to use the Image/Video(s).
Includes any form of copying or publication of the whole or part of any Image/Video 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/Video (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image or clip may not appear to a reasonable person to be derived from the original Image/Video.
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/Video.
Means any sum or sums payable to Alamy by you in respect of the License.
The parties to this contract are Alamy and you. Alamy has been appointed agent by its Contributors to grant this License on their behalf.
Please note, not all of Alamy's Images/Videos have Releases. It is your responsibility to check that all necessary Releases have been secured (see clause 8.3 below).
When exercising this right you must ensure any notice of copyright, trademark or other propriety right is not removed from any place where it is placed on or embedded in the Image/Video.
Any Reproduction by you or on your behalf without reporting of use as soon as practicable, and in any event within 4 months, and payment being received by Alamy constitutes a breach of this Agreement which entitles Alamy immediately to terminate this Agreement and further constitutes an infringement of copyright and other Intellectual Property rights.
You agree to indemnify and hold harmless Alamy, its Contributors and their respective parents, subsidiaries, successors, assigns, and all employees and agents thereof against any and all claims, damages, losses, expenses or costs, including but not limited to any reasonable attorney's fees, arising out of any unauthorized use or allegedly unauthorized use of any Image/Video supplied to you by Alamy, on behalf of a Contributor, or any other breach by you of any of your obligations under this Agreement. The terms of this clause 7 shall survive the expiration or earlier termination of this Agreement.
The License Fee depends on the nature of the rights granted. You agree to notify Alamy in the event that you desire to expand the usage for the Image/Video and pay any additional License Fee. Use of an Image/Video 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.
If you haven't used the Image file you can cancel the license and get a full refund within 30 days of the invoice date.
You'll need to send us an email firstname.lastname@example.org, with the invoice number (e.g. IY11110000) and the image file number (e.g. AT4WHG). If you cancel, you won't be able to use the image file and you'll need to remove it from your archives.
Except as required by law both parties shall procure that all confidential information disclosed by one party to the other in accordance with this Agreement or which may at any time until termination of this Agreement come into the other party's knowledge, possession or control shall not be used for any purposes other than those required or permitted by this Agreement and shall remain confidential and shall not be disclosed to any third party except insofar as this may be required for the proper operation of this Agreement and then only under appropriate confidentiality provisions approved by the other party. For the purposes of this agreement confidential information shall include without limitation that relating to the business of a party, its business systems, pricing, trade secrets, business processes and client and supplier lists. These obligations of confidentiality shall cease to apply to any particular item of confidential information once it becomes public knowledge other than by any act or default of either party.
You should make sure that you examine the Image/Video(s) for possible defects (whether digital or otherwise) before sending the Image/Video(s) for Reproduction. Subject to clause 5.1, Alamy 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/Video or its caption or in any way from its Reproduction.
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/Video(s) purchased.
means the person who makes the purchase of the Image online through the Alamy website or who authorises the Seller to make a purchase on their behalf.
means the digital image that is supplied to the Buyer to fulfil their purchase.
means Alamy Inc, a company registered in New York State .
means the standard terms and conditions of sale for account customers set out in this document and the End User License Agreement (“License agreement”).
means the contract for purchase and sale of Images
means the website operated by Alamy Inc.
includes facsimile transmission and comparable means of communication.