1. Introduction

(a) These terms and conditions apply to the downloading and use of photographs from the Urban Splash website. All references in these terms and conditions: to the “Website” refer to the Urban Splash website; to “we”, “us” and “our” refer to Urban Splash Limited which shall include any group companies; to “you” and “your” refer to you, the user; to “Photographs” refer to photographs on the photo gallery on the Website, and “Response” refer to our response to your completed Photo Library Image Request Form.

 

(b) Please read these terms and conditions carefully.  By sending a completed Photo Library Image Request Form to us, you are deemed to accept and agree to abide by these terms and conditions.  We reserve the right to amend these terms and conditions from time to time and recommend that you review them regularly.

2. Selection and use of photographs

(a) You may only print and download those Photographs that we specifically agree to in our Response. We shall grant the right to you to print the Photographs in our sole discretion and reserve the right to refuse to grant permission to you to print any or all of the Photographs that you request.

(b) You are only entitled to use the Photographs specified in our Response for the purposes specified by you in the Photo Library Image Request Form and thereafter confirmed in our Response. 

(c) You shall only be entitled to download and reproduce the Photographs specified in our Response if with such reproduction you use all accompanying text to such Photographs, including the name of the particular project, plus the words “by Urban Splash”, and the appropriate copyright credit.

(d) When using the agreed Photographs you shall not:

(i) use the Photographs for any purposes other than those agreed by us in writing;

(ii) amend, modify, alter or change any Photographs in any way whatsoever;

(iii) use any graphics or photographs separately from their accompanying text and shall not remove any copyright or trade mark notification applicable to such Photographs;

(iv) unless specifically agreed by us in writing, use the Photographs in respect of the sale, leasing or other commercial arrangement concerning the property which is the subject of the Photographs; or

(v) use the Photographs in respect of any negative, disparaging, critical, defamatory or otherwise harmful statement concerning Urban Splash or any properties relating to Urban Splash.

(e) All other reproduction or use of extracts of the Photographs is strictly prohibited. In particular, no Photographs may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

3.  Copyright ownership

Unless otherwise stated, we own the copyright and other intellectual property rights in the Photographs and expressly reserve all rights in the same.  You shall have no right to use the Photographs save as expressly agreed by us in writing.  

4. Your access and use

(a) We endeavour to ensure that the Website is accessible for the specified period for you to download the agreed Photographs.  However, we will not be liable for any losses, expenses, costs or liabilities that you, your business or any other person may suffer if the Website is unavailable at any time or for any period or your access to the Website or Photographs is interrupted, restricted or delayed for any reason.

(b) Once the specified period has elapsed you shall no longer have access to the agreed Photographs and will be obliged to send a further Photo Library Image Request Form should you wish to download additional copies of the Photographs.  

(c) By downloading the agreed Photographs from the Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material:

(i) that is threatening, defamatory, obscene, indecent, offensive, discriminatory, inflammatory, blasphemous, criminal, in breach of confidence or privacy or a third party’s rights or which may otherwise cause annoyance or inconvenience; or

(ii) which is technically harmful including, without limitation, containing computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.

(d) If you breach any of the terms of these terms and conditions, your permission to use the Website and to download the agreed Photographs automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website that you have within your possession or control.

(e) We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any material onto the Website in breach of paragraph 4(c) above.

5. Disclaimer

(a) You must satisfy yourself of the quality of the Photographs. All images are supplied as high quality 300 dpi resolution files and as such are to be used with corresponding quality, accuracy, completeness and adequacy. The Photographs are provided “as is” and must be used at 300 dpi resolution or above for print and at 72 dpi resolution for screen.

(b) You acknowledge and agree that any reliance you place on the Photographs is at your own risk.  To the maximum extent permitted by law, we (and our group companies) exclude all liability for any direct or indirect losses, loss of profits or other consequential loss, damages, costs, expenses or liabilities that you may suffer or incur arising from your use of the Photographs.

6. Governing law

These terms and conditions and your use of the Website will be governed by and construed in accordance with English law and you agree that any disputes arising in connection with the same will be subject to the exclusive jurisdiction of the English courts.