EYEVINE WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Eyevine Ltd, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorised to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Eyevine Ltd for violations of these Site Terms.
Privacy Policy
Eyevine is committed to protecting your privacy. Please refer to our separate Privacy Policy for more information.
Ownership of the Site and its Contents
This Site is owned by Eyevine Ltd and Picturemaxx AG. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by Eyevine Ltd, its licensers, or its third-party image partners and Picturemaxx AG. All elements of the Site, are protected by copyright, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
This Site is intended for customers of Eyevine. You may not use this Site for any purpose not related to your business with Eyevine. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the content/images on the Site without, or in violation of, a written licence or agreement with Eyevine; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Eyevine Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Eyevine product or service if you are not expressly authorised by such party to do so; and (e) using the Site or the Content other than for its intended purpose. Such unauthorised use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United Kingdom or the country in which you reside.
Copyright Infringement Policy
Eyevine has adopted a policy of terminating, in appropriate circumstances and at Eyevine’s sole discretion, account holders who infringe the intellectual property rights of Eyevine or any third party.
Model Releases
Images on this site are primarily for editorial use only and the majority are not model released for use to promote or endorse a product for example. Please contact us if you need more information.
Copyright Complaints
If you believe that any material on the Site infringes upon any copyright that you own or control, please submit a notification of such infringement to:
Legal Dept
Eyevine Ltd
3 Mills Studios
Three Mill Lane
London E3 3DU
United Kingdom
Tel: +44 (0) 20 8709 8709
Fax: +44 (0) 20 8980 0002
Email: info@eyevine.com
Trademarks
The Eyevine logo, and any other product or service name or slogan contained in the Site are trademarks of Eyevine and its suppliers or licensers, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Eyevine or the applicable trademark holder. You may not use metatags or any other "hidden text" utilising "Eyevine" or any other name, trademark or product or service name of Eyevine without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Eyevine and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Links
You may not use an Eyevine logo or other proprietary graphic of Eyevine Ltd to link to this Site without the express written permission of Eyevine. Furthermore, you may not frame any Eyevine trademark, logo or other proprietary information, including the Eyevine Content, without Eyevine’s express written consent.
Eyevine makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Eyevine and Eyevine is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Eyevine provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Eyevine of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Eyevine shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify Eyevine immediately of any unauthorised use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorised access to the Registration Data and any other information you provide to Company.
Indemnification
You agree to defend, indemnify and hold harmless Eyevine Ltd, its subsidiaries, affiliates, licensers, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation or warranty contained herein, your unauthorised use of Eyevine Content, or your violation of any rights of another.
Disclaimer
THIS SITE AND THE EYEVINE CONTENT WITHIN ARE PROVIDED "AS IS" AND EYEVINE LTD AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. EYEVINE LTD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE EYEVINE CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT EYEVINE LTD, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE EYEVINE CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR THE EYEVINE CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Eyevine uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
Eyevine offers a search feature within the Site. Eyevine explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Eyevine also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Limitation of Liability
IN NO EVENT SHALL EYEVINE LTD, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE EYEVINE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM EYEVINE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO EYEVINE LTD’S RECORDS, PROGRAMMES OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EYEVINE LTD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO EYEVINE FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or the Content within shall be governed by the laws of the UK.
Termination
Notwithstanding any of these Site Terms, Eyevine reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Miscellaneous Provisions
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Eyevine. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Eyevine reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes.