banner-fashion.jpg

Terms of Service

We take our images seriously, so our Terms of Service are designed to protect both our clients and ourselves from image theft and to ensure that the images you use are legal and properly licensed.

We actively engage with individuals and businesses that intentionally use, without license, the images we create. Deliberate infringement of copyright on a commercial scale may lead to a criminal prosecution, more information can be found here: UK Gov/copyright

 

THE OLD PHOTO FACTORY
TERMS OF SERVICE ("TOS")

The following is a standard legal agreement between our clients or an employer or other entity on whose behalf the client is entering into an agreement ("you" or "Customer") and The Old Photo Factory, a Stockport business with its office at 19 Morton Street, Heaton Norris, Stockport, SK4 1PU, as the licensor hereunder ("TOPF"). 

Please read these TOS carefully before downloading any TOPF images and/or content ("Image" or "Images"). By downloading any Image, you agree to be bound by the terms of these TOS, the TOPF Privacy Statement and TOPF's Website Terms of Use, which documents are incorporated herein and made a part hereof by this reference. By entering into this agreement, you verify that your country of residence is the same as your billing address. By downloading any image, you also inherently accept the image or set of images as fulfilment of any agreed to contract. 

TOPF reserves the right to change these TOS at any time, and you agree to be bound by such changes. Please make sure that you read and understand all such changes. If you do not agree to these TOS as same may be amended from time to time, do not download or use any Images. The TOS in effect at the time you are billed will control your rights and obligations with regard to Images downloaded during each billing cycle.

THIS IS A MULTI SEAT LICENSE. IT AUTHORISES MORE THAN ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE IMAGES.

 

PART I
LIMITED LICENSE

1.

All Images on theoldphotofactory.com and related TOPF webpages (collectively, "TOPF Websites") are protected by United Kingdom and international copyright laws and treaties. TOPF own or control all rights, including the copyrights in and to the Images. TOPF reserve all rights in and to the Images not expressly granted to you by the terms of these TOS. Your rights to use any Image are subject to this license agreement and are conditioned upon you making payment to TOPF for your use of the Images. If you fail to make any payment to TOPF when due, or if any check is dishonoured or credit card charge refused or charged back, your account will be deemed delinquent. Provided that your account was current at the time you downloaded an Image and you were not otherwise in breach of any of the terms hereof (or of the terms of any other agreement between you and TOPF), you have the right to use the downloaded Image, subject however, to these TOS. If your account becomes delinquent, your right to use any Images downloaded at any time shall automatically terminate unless all payments together with any interest thereon and TOPF's costs of collection, bank charges and credit card processing fees are received by TOPF no later than thirty (30) days from the date that your account became delinquent.

2.

TOPF hereby grants you a non-exclusive, non-transferable, worldwide, perpetual, right to use, modify, and reproduce Images in the following ways, subject to the limitations set forth herein and in Part II hereof:

a.

On websites;

b.

In print media, digital media, product packaging and software including magazines, newspapers, books (including print-on-demand books), e-books, advertising collateral, letterhead, business cards, product labels, CD and DVD cover art, applications (including mobile "apps"), and opt-in e-mail marketing.

c.

Incorporated into film, video, multimedia presentations, or advertising for broadcast, public performance, or streaming.

d.

Incorporated into print or digital material intended for public display, including trade show booths or point of sale materials, excluding so-called Out of Home advertising.

e.

For decorative purposes solely for your own personal, non-commercial use, not for resale, download or distribution, or any other commercial use

f.

If your desired use is not set forth above, please contact us.

3.

In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by TOPF, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

4.

All other rights in the Images are expressly reserved by TOPF for itself.

PART II
RESTRICTIONS

YOU MAY NOT:

5.

Use an Image other than as specified in PART I.

6.

Make images available on a digital asset management system, shared drive or the like for the purposes of sharing or transferring such images for commercial gain.

7.

Resell, redistribute, provide access to, share or transfer any Image except as specifically provided herein. 

8.

Publicly display an Image: (a) as a standalone file in any digital format on the internet; or (b) in any digital format without imposing technical or written restrictions intended to prevent the use of such Images by third parties, unless the Image is incorporated into a design with text or other content.

9.

Produce or otherwise create for resale or distribution, printed reproductions of any Image as wallpaper or wall art, on billboards, or on canvas, paper, plastic or any other medium, unless such reproduction is expressly permitted in PART I.

10.

Use or display any Image on websites or in connection with any service designed to sell or induce sales of user-customized on-demand products of any kind using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.

11.

Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content.

12.

Use an Image in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.

13.

Use an Image in a way that depicts any person therein in a way that a reasonable person might find offensive - this includes, but is not limited to the use of Images: a) in pornography, "adult videos" or the like; b) in ads for tobacco products; c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services; d) in connection with political endorsements; and e) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition. 

14.

Use any Image on a social media platform or other third party website that claims to acquire rights in the Image contrary to these TOS as a result of such use. Upon TOPF's request, you shall immediately remove any Images from such platform or website.

15.

Use TOPF Images in a manner that competes with TOPF's business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering TOPF Images for sale, or including TOPF Images in templates of any nature, including web templates, document templates, projects or otherwise for distribution and/or sale to third parties.

16.

N/A.

17.

Use an Image marked "Editorial Use Only" for commercial purposes.

18.

Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services.

19.

Falsely represent, expressly or by way of reasonable implication, that any Image was created by you or a person other than the copyright holder(s) of that Image.

 

PART III
MISCELLANEOUS

22.

TOPF shall be under no obligation to issue refunds under any circumstances, unless required by law. In the event that TOPF determines that you are entitled to a refund of all or part of the fees you paid, such refund shall only be made to the banking account originally used by you to purchase your product.

23.

"Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, an Image or the right to use an Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any TOPF Image(s) please notify us via email at info@theoldphotofactory.co.uk

24.

N/A

25.

You agree to indemnify and hold TOPF, its officers, employees, shareholders, directors, managers, members and suppliers, harmless against any damages or liability of any kind arising from any use of the Image other than the uses expressly permitted by these TOS. You further agree to indemnify TOPF for all costs and expenses that TOPF incurs in the event that you breach any of the terms of this or any other agreement with TOPF.

26.

Warranties and Representations

a.

TOPF warrants and represents that:

i.

Unaltered Images downloaded and used in full compliance with these TOS and applicable law, will not infringe any copyright, trademark or other intellectual property right, nor will such unaltered Images violate any third parties' rights of privacy or publicity;

ii.

Unaltered Images do not and will not violate any UK law, statute, ordinance, or regulation;

iii.

Unaltered Images are not and will not be defamatory, libelous, pornographic or obscene.

b.

While TOPF makes commercially reasonable efforts to ensure the accuracy of Image keywords and descriptions, as well as the integrity of TOPF's Editorial Images, TOPF makes no warranties and/or representations regarding such keywords, Image descriptions or Images designated "Editorial Use Only".

c.

TOPF MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS PARAGRAPH.

28.

Notwithstanding any thing to the contrary contained herein, TOPF shall not be liable for any damages, costs or losses arising as a result of modifications made to Images or the context in which the Images are used by you.

31.

These TOS shall be construed neither against nor in favour of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of these TOS shall not affect the validity or enforceability of the balance hereof.

32.

If you are entering into these TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to TOPF for any breaches of the terms of these TOS.

33.

N/A

34.

Credit Attributions and Copyright Notices for Editorial Uses of Images

a.

You shall provide a link back to www.theoldphotofactory.co.uk (where applicable); or provide a credit to TOPF in connection with the editorial use of any Image. Such credit shall be in substantially the following form:
"Name of Artist/TheOldPhotoFactory.co.uk"

b.

In the event that an Image is used in connection with a film, television broadcast, documentary or other audio-video or multimedia project, you shall use reasonable commercial efforts to accord TOPF a credit as provided above.

c.

The unintentional omission of the aforesaid credit will not be a breach of the terms hereof provided that Customer cures such omission following email notice from TOPF.

IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH TOPF, TOPF SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO TOPF'S OTHER RIGHTS AT LAW AND/OR EQUITY. TOPF SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.

TOPF MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN PARAGRAPH 26 HEREOF, AS TO THE LEGALITY OR VALIDITY OF YOUR USE OF ANY IMAGE OR OF ANY RELEASE ASSOCIATED WITH AN IMAGE. THE IMAGES, AND ANY STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

TOPF GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, SERVICE MARK, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED. 

TOPF DOES NOT WARRANT THAT THE IMAGE(S), TOPF WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.

YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.

EXCEPT AS SPECIFICALLY PROVIDED IN PARAGRAPH 27 HEREOF, IN NO EVENT, SHALL TOPF'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TOPF WEBSITES AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY TOPF FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).

NEITHER TOPF NOR ANY OF ITS OFFICERS, EMPLOYEES MANAGERS, MEMBERS, SHAREHOLDERS, DIRECTORS OR SUPPLIERS SHALL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), TOPFS BREACH OF THIS AGREEMENT, OR OTHERWISE, UNLESS EXPRESSLY PROVIDED FOR HEREIN, EVEN IF TOPF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL TOPF'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE TOPF WEBSITES AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE LIMITS OF LIABILITY.

Effective 13th October, 2014.