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Terms of use

Photobank Gallery Rights Managed End User Licence Agreement (EULA)

This is a legal agreement between you or your company, firm or other organisation ("you") and Photobank Gallery.

Please read this agreement carefully in its entirety before you continue to use this site or order any image(s). By clicking on the "I agree to the terms and conditions" box at the time of registration or by continuing to use this site or by downloading any image(s) you agree to be bound by the terms of this agreement

1.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 Photobank Gallery.


"Invoice"
Means the computer-generated or pre-printed invoice provided by Photobank Gallery 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 any visual representation generated optically, electronically, digitally or by any other means and which is licensed by Photobank Gallery according to the terms of the present license agreement.
"Licence"
Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right Photobank Gallery grants to you to use the Image(s).
"Reproduction"
means any form of copying or publication of the whole or part of any image by any means whatsoever. Reproduction shall also include any distortion or manipulation of the whole or part of any 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 Photobank Gallery by you in respect of the Licence.
2. Contracting parties
The parties to this contract are Photobank Gallery and you. Photobank Gallery has been appointed agent by its Contributors to grant this Licence on their behalf.
3. Grant of rights and restrictions
i. Conditioned upon your full payment of the license and your compliance with the terms of the Invoice and this Agreement (including all restrictions), Photobank Gallery grants you a non-exclusive (unless otherwise stated in the Invoice), non-sublicensable, non-transferable right to reproduce the RM Images listed in the Invoice in accordance with the reproduction rights granted and specified in the Invoice.
ii. You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.
iii. Image(s) must not be used as references for creating drawings or other visual works unless specifically authorised in the Invoice.
iv.Unless otherwise specified in the Invoice Image(s) may not be reproduced more than once within any design, editorial piece, advertisement or other work product.
v. 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 separately negotiated.
vi. The RM Images may not be used for any pornographic, unlawful purpose or use or to defame any person or violate any person's right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity. Advance written permission from Photobank Gallery is required for use of any RM Images
4. Credit line
Editorial use of Images must be accompanied by the following credit line: copyright: Photographer/Photobank Gallery. No additional usage, reuse or new use in any form may be made of any Image without first contacting  Photobank Gallery to purchase additional rights.
5. 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.