SHOUT PICTURE LIBRARY TERMS AND CONDITIONS

SHOUT PICTURE LIBRARY TERMS AND CONDITIONS

AFTER READING

Proceed only if you agree to all of these terms and conditions. Please scroll to the bottom of this page.

By viewing Shout Picture Library's web site you are agreeing to be bound by these terms and conditions, which constitute a legal agreement between you and Shout Picture Library

1. Definitions
In this Agreement the terms
(a) "Act" means the Copyright Designs and Patents Act 1988 as amended from time to time
(b) "Author" means the author of the photographic image as defined in the Act
(c) "Reproduction Fees" mean Shout's fees for any Reproduction by you of any Picture, which shall be subject always to NUJ minimum fees
(d) "Picture" means any image whether high or low resolution which may be displayed on the Site by Shout
(e) "Reproduction" means any form of publication or copying of the whole or part of any Picture, altered or not, whether by printing, photography, slide projection (whether or not to an audience) xerography, artist's reference, artist's illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means including web site and CD ROM publication.
(f) "Shout" means John Callan, Shout.
Tel +44 (0) 7710 619 007 john@shoutpictures.com
(g) "Site" means www.shoutpictures.com

2. THESE TERMS AND CONDITIONS WILL APPLY TO YOU EACH TIME YOU VIST THE SITE,
UNTILL FURTHER NOTICE. NO VARIATION OF THESE TERMS AND CONDITIONS SET OUT
HEREIN SHALL BE EFFECTIVE UNLESS AGREED IN WRITING BY SHOUT. PLEASE NOTE
THAT SHOUT RESERVES THE RIGHT TO AMMEND THESE TERMS AND CONDITIONS IN ITS
DISCRESTION FROM TIME TO TIME. YOU WILL BE NOTIFIED OF ANY CHANGES AS AND
WHEN THEY OCCUR.

3. GENERAL
3.1 You are bound by these Terms and Conditions when you access the Site and until you have deleted all Pictures that you have downloaded or reproduced
3.2 The provision of access to the Site is at Shout's sole discretion
3.3 The clause headings do not form part of these Terms and Conditions
3.4 Except as stated herein the contents of the Site may not be copied reproduced distributed republished downloaded displayed posted or transmitted in any form or by any means without the prior permission of Shout
3.5 Information contained in the Site may contain technical inaccuracies or typographical mistakes. Information may be changed or updated without notice and any queries relating to the information including queries as to its accuracy should be addressed to John Callan at Shout.
3.6 These Terms and Conditions constitute the entire agreement between you and Shout and supersede all prior agreements.

4. USE OF THE SITE - ON LICENCE ONLY
4.1 You are responsible for keeping your password secure. Your password provides you with access to the Site (at Shout's discretion) and you are permitted to view or download any Pictures. There is no search fee for viewing the Site.
4.2 Shout is automatically notified of any Pictures downloaded by you from the Site and will contact you on a monthly basis to confirm the details of any Reproduction by you of downloaded Pictures. A non-refundable download fee of Ł10 (Ł20 if unused) per Picture is payable by you on each download of any Picture.

4.3 PLEASE NOTE THAT ANY PICTURES WHICH ARE VIEWED AND OR DOWNLOADED BY YOU ARE SUPPLIED ON LICENCE ONLY AND NO PROPERTY OR COPYRIGHT IN ANY PICTURES OR PART THEREOF SHALL PASS TO YOU UNDER ANY CIRCUMSTANCES

5 REPRODUCTION
5.1 You are free to use any Picture for the purposes of its Reproduction subject to your payment of the Reproduction Fees and to your compliance with these Terms and Conditions
5.2 Please note that it is a fundamental condition of your use of the Site that you may not use any Picture to show the emergency services in anything other than a positive light
5.3 Use of the Site is personal to you and may not be assigned by you nor may any Picture downloaded by you be loaned or transferred to third parties save for the purpose of Reproduction of a specific Picture or part thereof in accordance with these Terms and Conditions Except as permitted herein you will ensure that your employees agents or contractors who may from time to time have access to any Picture will not
5.3.1 make or permit to be made a copy of any Picture or any part thereof or anything derived or downloaded from the Site or
5.3.2 effect or attempt to effect any modification merger or change to any Picture including any alteration of the file information text embedded in any Picture
5.4 Risk in and responsibility for ensuring that the Pictures are only used in accordance with these Terms and Conditions passes to you from the time
they are downloaded by you. You shall immediately inform Shout in writing of any known loss or misuse of, or damage to any Picture while in your
possession or that of any third party. Any Pictures which you have downloaded must be deleted from all files (whether belonging to you or to third parties where permitted hereunder) as soon as its Reproduction has taken place and you are responsible for ensuring that this is done.
5.5 The Author(s) have asserted his/her right to a credit in accordance with sections 77 and 78 of the Act and Reproduction of any Picture must carry the name of the Author together with the copyright notice or credit line specified by Shout which will unless otherwise notified to you be

www.shoutpictures.com

To obtain the name of the relevant Author open the Picture file in Adobe PhotoShop and look at the file information section.
5.6 Following any Reproduction by you or with your authority of a Picture downloaded by you, you agree to notify Shout of its Reproduction as soon as possible thereafter and in any event to provide the following information to Shout:
5.6.1 Where the Picture is reproduced in a printed publication, you agree to supply two copies of the relevant page(s) containing any Reproduction to Shout, free of charge, within two weeks of publication.
5.6.2 Where the Picture is reproduced in other media evidence of use must be made available if requested by Shout.
5.7 Shout reserves the right at any time inspect any records, accounts and books relating to the Reproduction of any Pictures by you to ensure that the Pictures are being used only in accordance with these Terms and Conditions
5.8 You will provide any information reasonably requested by Shout regarding anti-piracy measures.

6 CHARGES
6.1 You shall be solely responsible for all charges arising from your use of the Site accessed through your password(s)
6.2 You agree to pay for any Pictures downloaded at the rate set out above and for Reproduction Fees in accordance with these Terms and Conditions
6.3 You will be invoiced on a monthly basis for download fees and any Reproduction Fees. Invoices will be in pound sterling.
6.4 All invoices and other sums payable to Shout in accordance with these Terms and Conditions must be paid within 28 days of date of issue failing
which interest will be charged on the overdue amount at 5% above the bank base rate from time to time of Barclays Bank plc (or such other bank as Shout may nominate from time to time) which interest shall accrue on a daily basis on the outstanding balance until payment in full has been received by
Shout.

7 TERMINATION
7.1 Shout may terminate any licence for the Reproduction of any Pictures forthwith and without any liability to you if you:
7.1.1 commit a material breach of these Terms and Conditions that is capable of remedy and you fail to remedy the breach within a reasonable time of a written notice to do so; or
7.1.2 commit a material breach of these Terms and Conditions which cannot be remedied; or
7.1.3 are repeatedly in breach of these Terms and Conditions; or
7.1.4 are the subject of a bankruptcy order or become insolvent or make any arrangement or composition with or assignment for the benefit of your
creditors or if you go into either voluntary (other than for reconstruction or amalgamation) or compulsory liquidation or if a receiver or administrator is appointed over your assets; or
7.1.5 If you do or allow others to do any act or thing which in Shout's opinion may jeopardise any intellectual property in the Pictures of the Site; or
7.1.6 If you fail to pay any charges due under these Terms and Conditions.
7.2 If you reproduce a Picture following termination of the licence for the Reproduction of any Pictures under 7.1 above you will be liable to Shout for breach of copyright in the Pictures

8 WARRANTIES AND LIABILITIES
8.1 While Shout takes all reasonable care in the performance of these Terms and Conditions generally, Shout shall not be liable for any loss or damage suffered by you or by any third party arising from use or Reproduction of any Picture or its caption.
8.2 No model releases or other releases exist in connection with any of the Pictures. You must satisfy yourself that all necessary rights, model
releases or consents which may be required for Reproduction are obtained and Shout gives no warranty or undertaking that any such rights, releases or
consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or works of art depicted in any Picture. In the event that a Picture is used or a Reproduction is made by or for you then you shall fully indemnify Shout against any loss, damage, proceedings or costs including legal fees and expenses where such rights, releases or consents have not been obtained.
8.3 You agree that you will not use any Picture or part thereof for any unlawful purpose or to defame any person
8.4 You assume full responsibility for the protection of your computer system including computer hardware and software, stored data on your computer system and the stored data and computer systems including hardware and software of third parties who may access or be otherwise connected to your computer system. You assume the responsibility of ensuring that programs or other data downloaded or otherwise received from the Site are free from viruses worms Trojan Horses or other items of a destructive nature.
8.5 Shout makes no representations as to the security or proprietary of any web site which may be accessed through the Site. Connected web sites accessed through the Site are independent Webster over which Shout does not exercise any control whether financial editorial or of other kind and are not in any way endorsed by Shout.

9 Photographs of children must not be altered or used in any way which may suggest that they are taking part in sexual or pornographic activities and Shout Picture Library will not condone such use of its photographs under any circumstances. Shout Picture Library reserves the right to institute legal proceedings against any person found to be using their photographs in such a manner and will have no hesitation in informing the relevant authorities.

10 GOVERNING LAW AND JURISDICTION
The contract under which you use the Site shall be deemed to have been made in England and the construction validity and performance of these terms and conditions shall be governed in all respects by English law and the English courts shall have non-exclusive jurisdiction in respect of any dispute
between you and Shout governing your use of the Site. This agreement shall be subject to and construed according to English law and the parties agree to accept the exclusive jurisdiction of the Courts of England.

ONLY PROCEED IF YOU AGREE TO ALL OF THESE TERMS & CONDITIONS

I AGREE