Accept Site Terms and Conditions
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Site Terms and Conditions
ONLINE / DIGITAL TERMS & CONDITIONS



"We" and/or "Us" means Desmond O'Neill Features "You" means the person or entity
named as client. 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).

1) The following terms and conditions apply to all users of this site and those handling
any digital material obtained from this site which is www.donfeatures.com. These online /
digital terms and conditions supplement and do not replace the Desmond O'Neill
Features standard terms and conditions printed on licences, invoices and delivery notes.

2) By obtaining and using a Login and Password to access images on this site, you are
entering into a binding agreement between you and Desmond O'Neill Features. 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, please reply to
this e-mail by return, or at the latest within 24 hours, stating that this is the case. Should
this be the case, your username and password will be deleted and you will not be
granted access to the database. However, downloading of any material whatsoever
using the username and password will be deemed as acceptance of these terms and
conditions.

3) All images and information provided on this web site are the property and/or copyright
of Desmond O'Neill Features or its suppliers. The moral rights of Desmond O'Neill
Features and all Authors of the works represented on this site have been asserted.

4) 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
these Terms & Conditions, subject to the Terms and Conditions set out therein. In
downloading a high-resolution image, you agree to be charged a download fee at our
discretion, and 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 Desmond O'Neill Features, and you agree to take all reasonable steps
to prevent unauthorised 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.

5) 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. merchandising, posters, etc.) is not
permitted, and you undertake, by accepting our Terms & Conditions, to indemnify
Desmond O'Neill Features against any legal action or other costs which may result from
such an unauthorized use.

6) You may save/download low-resolution "watermarked" images from this site for
evaluation and comp/layout purposes only. You may NOT use watermarked images in
any final products for distribution in printed or electronic form either inside or outside your
company -- i.e., you may NOT use watermarked images for making a presentation to a
client -- without prior written permission from us. You may not modify or remove any
visible or invisible electronic watermark. You may not redistribute or sublicense any
image supplied by us or downloaded from this site.

7) Other web sites which you may access via links available on this site are not in any
way controlled or endorsed by Desmond O'Neill Features, and we are not responsible for
any content of those sites.

8) The reproduction by whatever means of the whole or any part of any Image (including,
without limitation, slide projection, artist's reference, artist's illustration, layout or
presentation of Images) is strictly forbidden without our specific written permission. You
must inform us of your proposals as to when and how an Image is > intended to be used.
We will then consider whether we would wish to grant a licence and, if so, on what terms.

9) No reproduction rights are granted by virtue of the download of Images unless
expressly agreed in advance. Your right to reproduce an Image arises only if (a) licence
terms are agreed and (b) our invoice relating to the grant of such right is fully paid. Any
reproduction before payment of the invoice or outside the terms of any licence constitutes
an infringement of copyright and also a breach of this Agreement entitling us to rescind
and claim damages. You must indemnify us in respect of any claims, damages, costs or
expenses we incur arising from any reproduction of any Image supplied to you.

10) You must satisfy yourself that all necessary rights, model releases or consents which
may be required for reproduction are obtained and that the use of any image is not
obscene, indecent, libellous 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.

11) Reproduction rights (if granted ), unless otherwise agreed in writing are a) subject to
these terms and conditions and any terms and conditions set out in the licence, b) non-
exclusive reproduction rights for single use only in the United Kingdom. A single use
means a reproduction in one size for one edition of a single publication, published in one
language only, c) strictly limited to the use, period of time and territory stated in the
licence, d) personal to you and not assignable by you to any third party.

12) If we agree that you may licence the use of any Image to any third party, you shall
enter into an agreement with such third party to ensure that they are bound by licence
terms restricting printing, copying, networking, multiple access or other use of the Images
to personal use only, forbidding the assignment, resale, rental and lending of the Image
and ensuring that credit is given to us and the author.

13) You must credit us and the author as specified by us every time an Image is used. If
you fail to credit the Image an additional 50% of the original licence fee will be payable.

14) Images shall not be altered or manipulated, added to, or have any part deleted
without our prior written consent.

15) You must provide us on publication with at least one complimentary copy of any
publication in which the reproduction of the Image appears.

16) You acknowledge that Images are our valuable property, as are any digital images
created from the Images (" Digital Images").

17) You may not create, store or transmit Digital Images without our permission except so
far as is incidentally and wholly necessary to the process of producing items licensed by
us. If permission is granted the following conditions apply:

18) Each Digital Image created by you shall be recorded and labelled with the Image
reference number used by us and our copyright credit information as an integral part of
the image file, and held on an electronic database under your sole possession and
control.

19) Unless otherwise agreed, any Digital Image you create must not be greater in size
than 640x480 pixels, 72 dpi. Any use of the Digital Images shall be in a format designed
so that it will not be possible to alter, manipulate or adapt any Digital Image in any way
during the normal course of using the product.

20) You agree to destroy all Digital Images including any pre-press or pre-production
copies of the Images and any copies or records of the Images held on a database within
90 days of the date of receipt of the Images or completion of the maximum production
run, or expiry of the licence term, whichever is later.

21) While we take reasonable care in the performance of this agreement, we shall not be
liable for any loss or damage suffered by you or by any third party arising from use or
reproduction of any Image or its caption. Damages for any other breach shall be limited
to the licence fee paid by you.

22) You must pay our invoice within 30 days of issue. However in the case of newspaper,
periodical and broadcasting use only, if we agree in advance, you may pay by the end of
the calendar month immediately following publication or use, or within six months of the
issue of our invoice, whichever is sooner.

23) 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 made.

24) 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.

25) Any publication right (as defined in the Copyright and Related Rights Regulations
1996) arising from your use of any Image shall vest in us and you hereby assign all such
rights arising to us.

26) Our failure to exercise or enforce any of our rights will not be deemed to be a waiver
of such rights nor bar their exercise or enforcement in future.

27) These Terms and Conditions shall be governed by the laws of England and Wales
and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to
be exclusive, save for infringement of copyright or non payment of our invoices where it
will be non-exclusive, such jurisdiction to be exclusive, save for infringement of copyright
or non payment of our invoices where it will be non-exclusive.
 I agree to the above terms and conditions.