Terms & Conditions of Using Pollen Photos
Welcome to the Pollen Photos website!
Our collection is rights protected/managed, so to avoid any disappointment, please contact us to check the availability of an image(s) prior to producing rough layouts.
COPYRIGHT EXISTS ON ALL IMAGES AND MATERIALCONTAINED ON THIS SITE
Pollen Photos 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. We cannot guarantee that any Latin or other names used to describe items on our web site are correct.
Please read the following terms and conditions carefully before using the Pollen Photos Website. By clicking on the button that stipulates agreement to the following terms, and by using this website, you agree to be bound by the terms and conditions of this agreement. By obtaining and using a Login and Password to access images on this site, you are entering into a binding agreement between you and Pollen Photos. If you are a freelance researcher working on behalf of a publisher, this agreement applies to you and your principal.
If you do not wish to be bound by this agreement, do not click "Accept" and do not download or use any images from this site.
"We and/or "Us" means Pollen Photos. "You" means the person or entity named as client. You will be deemed to have accepted these terms and conditions unless you notify us to the contrary and return all the Images to us within 5 days of receipt. No variation of these terms or conditions shall be effective unless agreed in writing. "Image" means any item which may be offered for the purposes of reproduction (including where appropriate a Digital Image).
Ownership of the site Website and of the images Images
This website is owned and operated by Pollen Photos. All of the content featured or displayed on this website, including, but not limited to text graphics, photographs, images and software, is owned by Pollen Photos and the photographers represented by Pollen Photos, and its content providers. This content is protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights throughout the world. No portion or element of this website, including any of the images, may be copied or retransmitted via any means and this website, including all images, shall remain the exclusive property of each photographer unless expressly agreed. You agree to indemnify Pollen Photos photographers against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of the Terms of this Agreement or your unauthorised use of the content and related rights.
Email and Cookies
a. If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of new images. We do not share any information you provide to us, including your email and mail addresses, with any companies outside Pollen Photos and its photographers. We will not send you information if you expressly inform us you do not wish to receive such material. If you would like to revise the information provided to us, or feel that what we currently have on record is incorrect, you may update the information by email to: info@pollen-photos.com
b. When you visit the Pollen Photos website, we place a text file called a “cookie” in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. Cookies enable this website to recognise the information you have consented to give this website such as the Lightboxes you have created, and help us determine what portions of this website are most appropriate for your professional needs. As a result cookies will allow you to retrieve previous image search results, access Lightboxes with ease, and view your previous invoices.
We do not use cookies to examine your surfing behaviour before or after leaving the Pollen Photos website.
Data protection
In order to process your orders or provide services we require certain personal data from you. This information may include company, contact name, address, telephone number, fax number, e-mail address, web site and credit card number. We guarantee that this data will only be used to perform the transaction requested. You acknowledge that the nature of the internet means that this information may pass through different countries and jurisdictions and you give your consent to this information being processed in this way.
Disclaimers
a. This website and it’s content are provided “as is” and Pollen Photos excludes 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. The functions embodied on, or the materials of this website are not warranted to be uninterrupted or without error. You, not Pollen Photos, assume the entire cost of all necessary servicing, repair or correction due to your use of this website. Except as specifically stated in these Terms, the security and Privacy Policy or elsewhere on this website, or as otherwise required by applicable law, neither Pollen Photos not its photographers will be liable for damages of any kind (including and without limitation lost profits, direct and indirect compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the content whether or not we have be advised of the possibility of such damages. There may be links to other websites from the Pollen Photos; however, these other websites are not controlled or endorsed by Pollen Photos and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites.
b. The Supplier shall not be liable for any loss or damage suffered by the Client or by any third party arising from use or reproduction of any picture or its caption. It is the Client who must satisfy himself that all-necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that the Supplier gives no warranty or undertaking that any such rights, releases or consents are or will be obtained where in relation to the use of names, people, trademarks, registered or copyright designs or works of art depicted in any picture.
Terms & Conditions of reproducing our images
How you may use images on this website
Users to whom a Password has been issued (Authorized Users) may download high-resolution copies of the images on this site, and use them for the purposes covered in our Terms & Conditions of Reproducing Our Images (see below), subject to the terms and conditions set out therein. In downloading a high-resolution image, you agree to pay the appropriate licence fee for any use of that image according to our Terms & Conditions.
Users wishing to obtain a Password and become an Authorized User must provide accurate information during the Registration process.
If you are an Authorized User, you are responsible for protecting the confidentiality of your Login and Password details. You may not allow others to use your login and password to access this site without written permission from Pollen Photos, and you agree to take all reasonable steps to prevent unauthorized persons from obtaining your login/password details. You will be held responsible for any charges arising from downloads of material from this site by third parties using your login details, with or without your permission.
If you have purchased images from the Pollen Photos website you will be given a 14 day window during which time you can download the images as often are you require. If you fail to download within the 14 day window you will need to repurchase your license.
If you have ordered images and need urgent access to them, but are unable to download them because you are not yet approved - please contact our support team immediately at help@pollen-photos.com.
If you encounter problems downloading your order, please contact us at help@pollen-photos.com and we can attempt to offer images offline.
Images may only be used commercially once you have entered into a licence agreement, and paid the relevant fee. Any reproduction before payment/or endorsement of the invoice constitutes an infringement of right and a breach of this Agreement.
Reproduction rights (if and when granted) are strictly limited to the use, period of time and territory specified on the Supplier’s invoice and unless otherwise agreed in writing relate to a single publication in a single size with text (if any) in one language only.
Reproduction rights are not granted exclusively to the client except when specified on the invoice. Reproduction rights granted are personal to the client and may not be assigned, or may any picture submitted to the client by loaned, copied or transferred to third parties save for the purpose of the exercise by the client of such reproduction rights. Any reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied.
Some of the images may be tied up with exclusive licenses and we do not want the embarrassment of stopping unauthorised publication.
You may save/download low-resolution images from this site for evaluation and comp/layout purposes only. You may NOT use low resolution images in any final products for distribution in printed or electronic form either inside or outside your company -- i.e., you may NOT use low resolution images for making a presentation to a client -- without prior permission from us. If pictures are used in ‘paid for’ presentations we expect a presentation fee. This fee can be negotiated against guaranteed use.
You may not redistribute or sublicense any image supplied by us or downloaded from this site.
High Resolution Files
Any High Resolution Images downloaded will be deemed as being used and will be invoiced for accordingly. Upon downloading an electronic Delivery Note will be emailed to you.
Each digital image received (or created by you) must be labeled with our image reference number, photographer and library’s name, as an integral part of the image file, held on an electronic database under your sole possession and control.
You must delete the file (including any copies, pre-press or pre-production) at the end of your project, or within 90 days of receipt unless other written permission is obtained. You may not create, or transmit our digital images without our permission except as is wholly necessary to the process of producing items licensed by us.
You are responsible for the colour reproduction of images bought from this site. All images on this site are supplied in accordance to the ICC colour workflow standard.
Images must not being altered, manipulated or added to without our prior written consent.
Licence for use of images
In order for us to ‘grant a licence’ for an image and agree an appropriate fee, we require you to supply full and specific details of the proposed image use. These will include detailed description of image use, size, print run, publication date and territory.
The Invoice we send you will contain all the licence details agreed between us, and will act as our ‘licence agreement’, so please check our Invoice details carefully. Again, unless we hear from you within 5 days of receipt, these will have been deemed to be correct.
Clients must satisfy themselves that all necessary rights, model releases or consents which may be required are obtained and that the use of any image is not obscene, indecent, libelous or unlawful. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any image, and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any image supplied to you.
Unless otherwise agreed in writing, if any picture reproduced by the client omits the copyright notice or credit line specified by the supplier(in accordance with sections 77 and 78 Copyright Designs and Patents Act 1988), the reproduction fee payable by the client shall be subject to an additional 25% of the original licence fee.
You must adhere to any stipulations which may be attached to downloaded images (in the IPTC information fields, readable using Adobe Photoshop's "File Info" and other types of software). These may include such warnings as "Editorial Use Only". In such a case, the use of the image for a non-Editorial purpose (e.g., merchandise, posters, etc.) is not permitted, and you undertake, by accepting our Terms & Conditions, to indemnify Pollen Photos against any legal action or other costs which may result from such an unauthorized use.
In the case of printed publications, two copies of the relevant pages containing any picture supplied are to be furnished to the supplier by the client free of charge within two weeks of publication. In other media evidence of use must be made available if requested.
Payment
a. We do not refund the whole or any part of any payment made by you to us in the event that you fail to use or stop using any image.
b. The supplier’s invoice shall be paid within 28 days of issue, save in the case of newspaper, periodical and broadcasting clients, where payment shall be made no later that the end of the calendar month immediately succeeding publication or use.
If you do not pay in accordance with these terms then we may at our option rescind this Agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is received.
c. On the client’s death or bankruptcy or in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver if appointed, the Supplier may at any time thereafter inspect any records, accounts and books relating to the reproduction of the Supplier’s pictures to ensure that the pictures are being used only in accordance with the reproduction rights granted to the Client.
or
Any licence granted will terminate immediately if you
a. die,
b. enter into voluntary or compulsory liquidation;
c. have a receiver appointed; or
d. fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.
Images not sent via website
Any material sent in any other format eg CD, prints, by either Pollen or its contributors are subject to the terms and conditions contained in this document.
Law
This agreement is governed by the laws of England and Wales, whose courts are the courts of exclusive jurisdiction. This agreement will not be governed by the United Nations Conventions on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded. We reserve the right to change these Terms, the Security and Privacy Policy prices, information and available contractual licence terms featured on this website without notice. These conditions set our entire agreement between Pollen Photos and you relating to your use of this website. No action of Pollen Photos, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms or Security and Privacy Policy be found unenforceable, where ever possible this will not affect any other clause and each will remain in full force and effect.
