CarScene Classic Cars – Digital Images – Terms & Conditions

All the photos in this section of the carsceneinternational.com website have been taken by me, they are my property, I own the copyright. No other person, company or organisation is allowed to use these images unless granted permission by me. Permission will be granted upon payment, in full, of the designated fee.  
Legal Terms and Conditions (Both Private and Commercial customers should read these terms and conditions.
Introduction
Because I am offering a service/product and you want to take up that offer we are entering into a contract which is covered by law. For that reason the terms of the transaction are set out below. But in simple terms you have seen a digital image on my website which you wish to use. If you are a private individual who wants to use the image for non-commercial purposes then all you have to decide is what size of image you require; complete and submit the order form with payment and await the arrival of the image in your email ‘inbox’.
A similar procedure is followed for commercial enterprises wishing to use images for commercial purposes, except, that the terms of use are more prescriptive. In these terms and conditions the customer is referred to as the Licensee because you are purchasing a Licence to use the image in the stipulated manner.
Detail

By purchasing the selected photographs (the “Images”) you hereby agree and acknowledge that you are not acquiring any right, title or interest in or to the Images(s) or any associated copyrights, other than the right to possess, hold and use the Images(s) for personal, non-commercial purposes. Furthermore, you agree that you will: (i) not scan, copy, duplicate, distribute or otherwise reproduce the Images(s), (ii) not use the Images for any commercial purpose, without the express written consent of carsceneinternational.com and (iii) indemnify carsceneinternational.com, its officers, members, managers, employees and agents, against any claims, losses or damages incurred as a result of or in connection with your breach of the foregoing restrictions.

1. Warranty

(a) While we have made reasonable efforts to correctly categorise, keyword, caption and title individual images, carsceneinternational.com does not warrant the accuracy of such information. Additionally, carsceneinternational.com does not warrant the accuracy of any metadata that may be provided with the Content.

(b) The content is provided “as is” without representation, warranty or condition of any kind, either expressed or implied, including but not limited to the implied presentations, warranties or conditions of merchantability, or fitness for a particular purpose. carsceneinternational.com does not represent or warrant that the content will meet your requirements or that its use will be uninterrupted or error free. The entire risk as to the quality and performance of the contents is with you, the purchaser. Should the content (image) prove to be defective, you (the purchaser) and not carsceneinternational.com assume the entire risk and cost of all necessary corrections.

2. Grants of Rights and Restrictions 

a) All the rights granted by carsceneinterntnational.com to a Licensee under this Agreement are non-exclusive, non-sublicensable and non-transferable. 

b) The Licensee undertakes not to use, whether directly or in context or juxtaposition with other material or topic, the Licensed Material for pornographic, defamatory or otherwise unlawful uses. The Licensee shall also comply with any applicable regulations and/or industry and ethical codes.

c) Licensed Material shall not be used as a trademark, logo, corporate ID, service mark, or other indication of origin without the prior written consent of carsceneinternational.com.

d) The Licensee shall not make the Licensed Material available to be downloaded, extracted, redistributed or accessed as a standalone file by third-parties.

e) The Licensee shall not falsely represent, expressly or impliedly, that the Licensee is the original creator of a visual work that derives a substantial part of its artistic components from the Licensed Material.

f) If the Rights and Restrictions allow Reproduction of the Licensee Product on a website, Licensee shall prohibit, by mean of including such prohibitions in its terms and conditions and by implementing the due technical measures, the downloading, republication, retransmission, reproduction or other uses of the Licensed Material as a stand-alone file by unauthorised third parties.

g) If the Rights and Restrictions include use on any social media platform or other third party website; (i) such rights shall automatically be revoked in the event that the platform or website seeks to exploit purported rights to the Licensed Material contrary to the terms of this Agreement and (ii), in such event, Licensee shall remove any Licensed Material from such platform or website immediately.

3. Intellectual Property and Copyright

a) Copyright. No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the licence contained in this Agreement. Except as expressly stated in this Agreement, carsceninternational.com grants the Licensee no other right or licence, express or implied, to the Licensed Material. No rights of ownership or copyright in the Licensed Material are transferred to Licensee and therefore Licensee may not assert any right to revenue from a collecting society in respect of photocopying, digital copying or other secondary uses of the Licensed Material contained in a Licensee Product.

b) Trademarks.  The Licensee acknowledges and agrees that the “carsceninternational.com” trade name, trademark, logos or service marks, including the names of all Licensed Material collections (“Marks”) and derivations thereof e.g. CarScene, are and shall remain the sole property of carsceneinternational.com. Nothing shall confer upon the Licensee any right of use in or to the Marks and the Licensee shall not now or in the future contest the validity of the Marks.

c) Unauthorised Use and Termination. Any use of Licensed Material in a manner not expressly authorised by this Agreement constitutes infringement of copyright and other applicable rights and shall entitle carsceneinternational.com to exercise all rights and remedies available to it under copyright laws and other laws. Licensee shall be responsible for any damages resulting from any such copyright infringement, including any claims by a third party. carsceneinternational.com reserves the right to terminate this Agreement if the Licencee (i) provides inaccurate information regarding its proposed use of the Licensed Material at the time of entering the Agreement; (ii) or (iii) otherwise breaches the terms of this Agreement. Upon termination, the Licensee must immediately (I) stop using the Licensed Material; (II) destroy or, upon the request of carsceneinternational.com, return the Licensed Material and, (III) stop marketing or displaying and destroy any images or copies thereof, either digital or tangible.

d) Notice of Violations. If Licensee becomes aware or suspects that any third party that has gained access to the Licensed Material through Licensee wrongfully using the Licensed Material, in whole or in part, or is violating any of carsceneinternational.com intellectual property rights, it shall immediately notify carsceninternational.com of such unauthorised use.

 

Nicholas Maltby

Editor and publisher of carsceneinternational.com