Terms and Conditions

USAGE OF IMAGES – PERSONAL LICENCE

This personal licence applies to those images where you have paid for a personal licence on the Birmingham Photography Archive website (‘Images’) and allows you to use Images for personal private use only. A separate business licence is available for business use.

We want you to enjoy these Images, but this is a personal licence so it’s only for you. The aim is for it to cover something like a personal greeting card, or perhaps a picture for your home, or your own purely personal website (and provided that the website isn’t going to generate an income for you or someone else).

You can give away a copy of the image to one person as a present, but they cannot make copies unless they sign up to a licence themselves. If you are wanting to do most other things with the Image you probably need the business licence or you may not be able to do it at all. Under this personal licence you definitely can’t do anything with the Image that will generate an income for you or anyone else directly or indirectly. If you are not sure then contact us admin@corals.photos

The collection of Images are publicly curated and their historical and cultural integrity is important and we ask you to respect this as you use the Images.

Now here comes the legal bit.

1. This is a non-exclusive, revocable personal licence for you to use the Image only as specifically permitted in this personal licence. Any other use is not permitted under this personal licence. You will need to seek prior permission for other use. Further permission may not be granted in all cases. Please contact the Birmingham Photography Archive licensing team for further details about permissions: admin@corals.photos. Except as permitted in this personal licence no further copying, redistribution, sharing or resale of the Image is permitted without the express prior written consent of Birmingham Photography Archive.
2. This licence is subject to English law and the non-exclusive jurisdiction of the English courts.
3. You are not permitted to assign this licence to any third party.
4. This licence can only be enforced by you against us or by us or The Image Provider against you.
5. To the extent permitted by law, we will not be liable if your use of the Images infringes the intellectual property rights of any third party.
6. Sub-licensing is not permitted. This licence is personal to you and although you can pass your copy of the Image to another person or company, they will not have any rights to create copies unless they sign up to the appropriate personal licence or business licence for that Image.
7. All Images are in the ownership of, or copyright of, The Image Provider (the organisation detailed in the Image metadata as the source of the image). Images are managed by Birmingham Photography Archive (the trading name of MG&E Ltd) on behalf of The Image Provider who has secured the permission of the rights holders if applicable. You acknowledge that The Image Provider is the owner of the Images, and all ownership, title, interest and licensing rights in the Images belong to the Image Owner.
8. The moral rights of Birmingham Photography Archive and all creators of the works represented have been asserted. You must ensure that the Image is not re-used in any way detrimental to the Image or its creator, or in a way liable to trivialise, sensationalise or demean the subject matter.
9. Where Images are derived from physical items that are no longer in copyright, if any intellectual property rights are created in the creation of such images, or in the process of their arrangement and selection, The Image Owner owns all right, title and interest in these images and any intellectual property rights associated with them, if any, throughout the world for the full term for which such rights subsist (including extensions and renewals).
10. You acknowledge that Birmingham Photography Archive and The Image Owner make no representation that the Image will be not be available elsewhere in the same or alternate formats.
11. The Images have been publicly curated and the historical and cultural integrity of the collections is important. Accordingly, use must be in keeping with this. Any use that is pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Image into disrepute, or may be construed as offensive, harassment or discriminatory is prohibited. On written notice you will stop all such use and we may terminate this personal licence and on written request from you we may return to you any payment you have made to us in respect of that Image.
12. We may terminate this licence on notice to you if you are in material breach of any of the terms. On termination for any reason, you right under this licence will end.
13. We can give notice to you by email to the address provided to us when you purchase this licence.
14. You will not:
1. change the Image (other than to enlarge it, shrink it or change the resolution so that you can use it as permitted in this licence)
2. crop the Image
3. remove any metadata provided with the Image
4. use the Image in any form for resale or other distribution
5. use or display the Image on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products including, without limitation, postcards, mugs, t-shirts, posters and other items
6. use the Image in connection with any goods or services intended for resale or distribution where the primary value lies in the Image itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit
7. use the Image as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo
8. incorporate the Image in any product for re-distribution or re-use of the Image (such as electronic greeting card web sites, web templates and the like)
9. use the Image in a manner that would be reasonably likely to bring any person or property in the Image into disrepute
10. remove or modify any notice of copyright, trademark or other proprietary right , or any other copyright management information or metadata, from any place where it is on or embedded in the Image
11. sub-license, re-sell, rent, lend, assign, or otherwise transfer or distribute the Image
12. install and use the Image in more than one location at a time or post a copy of the Image on a network server or web server for use by other users
13. use or display the Image in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement, including social media
14. either individually or in combination with others, reproduce the Image, or an element of the Image, in excess of 10 times in physical (hard-copy) prints.

USAGE OF IMAGES – BUSINESS LICENCE

This business licence applies to those images where you have paid for a business licence on the Birmingham Photography Archive website (‘Images’) and allows your business to use Images for use by the business only.

We want your business to use these Images, but there are limitations. The licence is for your business only. If you want to pass this on to someone else, another business or any other third party, then they will need to buy their own separate business licence to cover their use. The aim is for it to cover something like your own business website, marketing materials that are given away (such as brochures or leaflets) or on a t-shirt on incidentally as part of an app, in each case that is not charged for in any way. If you are wanting to do other things then this business licence will not allow it. You would need separate permission which may not be available. Under this business licence you definitely can’t do anything with the Image that will generate an income for you or anyone else directly or indirectly. If you are not sure then contact us admin@corals.photos

The collection of Images are publicly curated and their historical and cultural integrity is important and we ask you to respect this as you use the Images.

Now here comes the legal bit

1. This is a non-exclusive, revocable licence solely for you to use the Image and only as specifically permitted in this business licence. Any other use is not permitted under this business licence. You will need to seek prior permission for other use. Further permission may not be granted in all cases. Please contact the Birmingham Photography Archive licensing team for further details about permissions: admin@corals.photos. Except as permitted in this business licence no further copying, redistribution, sharing or resale of the Image is permitted without the express prior written consent of Birmingham Photography Archive.
2. This licence is subject to English law and the non-exclusive jurisdiction of the English courts.
3. You are not permitted to assign this licence to any third party.
4. This licence can only be enforced by you against us or by us or The Image Provider against you.
5. To the extent permitted by law, we will not be liable if your use of the Images infringes the intellectual property rights of any third party.
6. Sub-licensing is not permitted. This licence is personal to your business and although you can pass your copy of the Image to another company or individuals (such as in your marketing materials), they will not have any rights to create copies unless they sign up to the appropriate personal licence or business licence for that Image.
7. All Images are in the ownership of, or copyright of, The Image Provider (the organisation detailed in the Image metadata as the source of the image). Images are managed by Birmingham Photography Archive (the trading name of MG&E Ltd) on behalf of The Image Provider who has secured the permission of the rights holders if applicable. You acknowledge that The Image Provider is the owner of the Images, and all ownership, title, interest and licensing rights in the Images belong to the Image Owner.
8. The moral rights of Birmingham Photography Archive and all creators of the works represented have been asserted. You must ensure that the Image is not re-used in any way detrimental to the Image or its creator, or in a way liable to trivialise, sensationalise or demean the subject matter.
9. Where Images are derived from physical items that are no longer in copyright, if any intellectual property rights are created in the creation of such images, or in the process of their arrangement and selection, The Image Owner owns all right, title and interest in these images and any intellectual property rights associated with them, if any, throughout the world for the full term for which such rights subsist (including extensions and renewals).
10. You acknowledge that Birmingham Photography Archive and The Image Owner make no representation that the Image will be not be available elsewhere in the same or alternate formats.
11. The Images have been publicly curated and the historical and cultural integrity of the collections is important. Accordingly, use must be in keeping with this. Any use that is pornographic, obscene, immoral, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Image into disrepute, or may be construed as offensive, harassment or discriminatory is prohibited. On written notice you will stop all such use and we may terminate this business licence and on written request from you we may return to you any payment you have made to us in respect of that Image.
12. We may terminate this licence on notice to you if you are in material breach of any of the terms. On termination for any reason, your right under this licence will end.
13. We can give notice to you by email to the address provided to us when you purchase this licence.
14. You will not:
1. change the Image (other than to enlarge it, shrink it or change the resolution so that you can use it as permitted in this licence)
2. remove any metadata provided with the Image
3. use the Image in any form for resale or other distribution
4. use or display the Image on websites or other venues designed to induce or involving the sale, license or other distribution of “on demand” products including, without limitation, postcards, mugs, t-shirts, posters and other items
5. use the Image in connection with any goods or services intended for resale or distribution where the primary value lies in the Image itself including, without limitation, cards, stationery items, paper products, calendars, apparel items, posters (printed on paper, canvas or any other media) or other items for resale, license or other distribution for profit
6. use the Image as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo
7. incorporate the Image in any product for re-distribution or re-use of the Image (such as electronic greeting card web sites, web templates and the like)
8. use the Image in a manner that would be reasonably likely to bring any person or property in the Image into disrepute
9. remove or modify any notice of copyright, trademark or other proprietary right , or any other copyright management information or metadata, from any place where it is on or embedded in the Image
10. sub-license, re-sell, rent, lend, assign, or otherwise transfer or distribute the Image
11. install and use the Image in more than one location at a time or post a copy of the Image on a network server or web server for use by other users
12. use or display the Image in an electronic format that enables it to be downloaded or shared in any peer-to-peer or similar file sharing arrangement, including social media
13. either individually or in combination with others, reproduce the Image, or an element of the Image, in excess of 500,000 times in physical (hard-copy) prints.

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