Terms and Conditions of Use

1. Introduction

1.1 This website (“the Website”) is operated by Iconic Images Limited (Company No. 521563) whose registered office is at Segrave House, First Floor, 19/20 Earlsfort Terrace, Dublin 2, Ireland (“we” “us” “our”).

1.2 These terms and conditions (“the Terms”) apply to the use of the Website and shall be read in conjunction with the Privacy Policy and (if applicable) any other incidental agreements and information listed on the Website and shall together form the agreement between you and us (“the Agreement”).

1.3 It is important that you read and understand these Terms before using the Website. By accessing or using the Website you agree to be legally bound by these Terms, as they may be modified from time to time. If you do not agree to these Terms, please do not use the Website.

1.4 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms, and that they comply with them.

1.4 We reserve the right to change these Terms at any time. Amendments will take effect when posted on the Website.

1.5 You acknowledge and agree that if you are an individual then once we have commenced the provision of our services you shall not be entitled to cancel the Agreement under the Consumer Protection (Distance Selling) Regulations 2000 or by such other consumer regulation as may apply from time to time.

2. Our Services

We creatively release the value of photographers in multiple markets from fine art to merchandise. We acquire, represent, reproduce and sell images from celebrated photographic archives. We publish books, create exhibitions across thirty cities worldwide, collaborate with leading fashion retailers and license images for merchandise.

3. Changes to the Website and/or services

We aim to update the Website regularly and may change the content and services at any time. We reserve the right to improve, amend, or suspend the service provided on the Website or close the Website indefinitely at any time without notice. Any of the content on the Website may be out of date at any given time and we are under no obligation to update such content. We will not be liable if for any reason the Website is unavailable at any time or for any period.

4. Registration of your account

4.1 If you choose to open an account with us no fee is payable but you are required to register with us by completing and submitting the registration form.

4.2 By using the Website you warrant that you are at least 18 years old. If you are an individual and you are under the age of 18, you agree to get a parent’s or guardian’s consent before registering for an account.

4.4 Once you have registered an account with us, you can log into your account using your email address/user identification code and/or a unique password which will be sent to you by us via email.

4.5 For the purposes of verifying your identity we may use the data provided by you to establish the veracity of all the registration details you have provided when registering with the Website, and your entitlement to use the Website and any services.

4.6 You are solely responsible for the accuracy, legality, currency and compliance of such detail and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

4.7 We reserve the right to terminate suspend or restrict accounts without notice to you should you commit any breach of these Terms or in our reasonable discretion we believe that it is your intention to commit a breach of this Agreement or that you are acting contrary to the spirit of this Agreement.

5. General Conduct

5.1 Registered users may only create and maintain one profile page.

5.2 We grant you a limited licence to access and make use of the Website in accordance with the Agreement, but not to modify, reproduce, duplicate, copy or re-sell it or any part of it, or otherwise exploit it for any commercial purpose or gain except for those specific purposes set out in this Agreement or otherwise with our express written consent.

5.3 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not attempt to gain unauthorised access to the Website, the server on which it is stored or any server, computer or database connected to the Website. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.

5.4 You must not use the Website for any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity, to send, use or reuse any content or material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing or that will infringe copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties, or objectionable, or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" - to cause annoyance, inconvenience or needless anxiety.

6. Information and Content Provided by You

6.1 Any information and content posted, uploaded, or otherwise sent by any means by you to the Website shall be legal, decent, honest and truthful, shall not infringe any third party's rights, shall not be obscene, blasphemous or defamatory and shall not contain any viruses or other malicious computer programming routines. Without limiting the above, all information you provide shall be accurate and complete.

6.2 You agree that you will not publish your contact information or any other information or data in the publicly-accessible parts of the Website. You agree that you will not publish the contact information or the information of any other person in the publicly-accessible parts of the Website (whether or not such persons are users of the Website) or elsewhere, or communicate such information to any other person whether in electronic or any other format.

6.3 Any information provided by you to us will be used by us in accordance with the Data Protection Act 1998 and our Privacy Policy.

6.4 You waive all moral rights you have in any content and information provided by you to the fullest extent permitted by law.

7. Your Licence to Us

By submitting any content or information to us you agree to grant us a non-exclusive license and all the necessary rights throughout the world to reproduce, edit, change, copy, adapt and otherwise make such content available on the Website. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

8. Intellectual Property Controlled by Us

8.1 All content and all compilation of content included on the Website which is not provided by you, including but not limited to text, graphics, logos, icons, photographs and images, audio clips, digital files, data compilations and software, is our property or is licensed by us and is protected by copyright, database and trade mark right laws in England and internationally.

8.2 You may download, extract and/or re-utilise parts of the contents of the Website subject to this Agreement.

8.3 For the avoidance of doubt you may not utilise any data mining, robots or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of the Website without our express written consent. You may not create and/or publish your own database that features substantial parts of the Website without our express written consent. Our status (and that of any identified contributors) as the authors of material and content on the Website must always be acknowledged. You will indemnify us against any loss, damages, costs, expenses (including reasonably legal fees) or other claims arising from any breach of the above warranties you commit.

9. Links

9.1 We have no control over the content of third party sites and cannot guarantee the reliability of any links to third party sites nor can we provide any guarantees or accept any liability in respect of the content on such third party sites.

9.2 You may link to the Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards in this Agreement.

10. Security

10.1 You are solely responsible in all respects for all use of and for protecting the confidentiality of your account and password, which may be given to or selected by you for use on the Website. You must immediately notify us of any unauthorised use of them or any other breach of security.

10.2 Any losses incurred or sustained by you in transmitting information shall be borne solely and exclusively by you and in no event shall any such losses in whole or in part be borne by us. If you are using a public computer, you must sign out when you have finished using the Website.

11. Compliance with Laws

You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website.

12. Liability

12.1 We shall not be liable to you by reason of any representation (unless fraudulent) and all warranties, conditions or other terms, implied by law are excluded to the fullest extent permissible. We shall not be liable for any loss of goodwill or reputation, profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by our negligence, servants or agents or otherwise), which arise out of or in connection with the provision of the material by you.

12.2 Any content or material posted on the Website is not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.

12.3 Your acceptance of this Agreement also acts as a general release of Company and any of its subsidiaries (and all of their officers, directors, agents and employees) from any liability for any claims, loss, and damages (both direct and indirect, including loss of profits, goodwill and business opportunity) arising out of or in any way connected to your use of the Website.

12.4 Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

13. Indemnity

You will indemnify us against any loss, damages, costs, expenses (include reasonable legal fees) or other claims arising from any breach by you of any of the warranties and any other term of the Agreement.

14. Access to the Website

We will do everything we can to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, this cannot be guaranteed. The Website may be occasionally suspended or restricted to allow for repairs, maintenance, the introduction of a new facility or service. We will attempt to limit the frequency and duration of any such interruption.

15. Notices

Except as otherwise stated, any notices you wish to send to us should be e-mailed to Oli Shipton at oli@iconicimages.net. Any notices that we may wish to draw to your attention will be displayed on our Website.

16. Confidential Information

We and you shall endeavour to prevent the disclosure, publication or dissemination of the other’s confidential information and shall not use, reproduce, distribute, disclose or otherwise disseminate such confidential information except in connection with the performance of obligations under these Terms.

17. Electronic Communication

When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Costs and Legal Fees

In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and legal fees.

19. Law and Jurisdiction

This Agreement (and any dispute, controversy, proceedings or claim of whatever nature in relation to them) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.

20. Invalidity

If any part of the terms of this Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

21. Entire agreement

This Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

22. Assignment

We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of the Agreement to a third party.

23. No Waiver

A waiver by us of any terms of the Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this Agreement. All rights and remedies contained in this Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.

24. Third Party Rights

No third party shall be deemed under the Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.

25. Nature of Agreement

This Agreement shall not constitute a partnership, agency or joint venture between the parties.

26. Contact us

If you have any concerns about the Website please contact us at robin@iconicimages.net.