Terms & Conditions

The Lightbox Stock Image Commercial Use License Agreement

The following is a legal agreement between the Licensee (you) and The Lightbox. Please read this Agreement carefully before using any image from this website. Using an image downloaded from the The Lightbox website means you agree to be bound by the terms of this Agreement. The Images are copyrighted. All rights are owned by The Lightbox and Simon Kirwan. The only rights granted are specifically listed below; All others are reserved. Your rights to use an Image is based on the restrictions stated in this Agreement, and are dependent upon your payment of the purchase price for the images before use.

THIS LICENSE AGREEMENT controls your right to use any image(s) supplied by The Lightbox and Simon Kirwan for the purposes listed below. This Agreement is a legal contract that specifies the terms of the license and warranty and liability limitations between you and The Lightbox for any image(s) supplied by The Lightbox. You agree to be bound by the terms hereof by accepting any image(s).

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.

IN CONSIDERATION of the payment of the fees stated for accepting one or more photographic images from The Lightbox, and in further consideration of your acceptance of the provisions of this agreement, The Lightbox hereby grants you a personal, non-transferrable, non-exclusive, limited right to use such images subject to the following terms and conditions:

PERMISSIBLE USES: You are licensed to use the image(s) worldwide, for the following purposes ONLY:

REPRODUCTION IN PRINTED MATERIALS, MULTIMEDIA CD-ROM and WEB PAGES, INCLUDING COMMERCIAL & PERSONAL WEB SITES, AND MULTIMEDIA PRESENTATIONS.

The image(s) itself (themselves) may not be copied, distributed or used other than as set forth above. Under no circumstances shall the image(s) be used for pornographic, libellous, defamatory or any other improper or illegal purposes.

Unless it is indicated that an image has a model or property release, no such release exists. The Lightbox gives no representations or warranties with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in any image, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured.

"Non-transferable" as used above, means that the work you produce using an Image must be for your own use, or for the use of your employer, client or customer, who must be the end-user of your work. You may not sell, rent, loan, give, sublicense or in anyway transfer to anyone an Image, or the right to use them, except as described under “Permissible Uses”. You may not grant any third party the right to use or duplicate an Image. You agree to take all reasonable steps to prevent third parties from duplicating or distributing the Images. You may not post any image or images from this site on any electronic bulletin board, put the images on-line in a downloadable format, or use the images in a website at a resolution higher than 72dpi.

Copyright of Images

The digital image files on this web site are copyrighted and protected by the intellectual property laws of the United Kingdom, United States and the Berne Convention. Images are not sold; their use is licensed and they remain the sole and exclusive property of The Lightbox and Simon Kirwan. Image use without prior payment is a copyright violation. All Images are owned byThe Lightbox and Simon Kirwan and are protected by Copyright law, and are bound by the laws in force in England and Wales. No title to or intellectual property rights to the Images are transferred to you. The Lightbox and Simon Kirwan retains all rights not expressly granted by this License Agreement. All rights to the image(s) are owned by The Lightbox and Simon Kirwan and are protected by United Kingdom, United States copyright laws, international treaties and other applicable laws. The Lightbox retains any and all rights, titles and interests not expressly granted by this license agreement. You may not transfer, assign or sublicense the image(s) without the prior written consent of The Lightbox. Any attempt to transfer or assign this license without prior written consent to do so shall automatically terminate this license.

Editorial Photo Credits and Copyright

Any editorial use of the image(s) must bear the credit line "www.the-lightbox.com". You agree to provide statutory copyright protection of the image(s) by timely registration of the work you created or the work in which the image(s) appears.


Additional Rights Available

If you are unsure of your usage rights under this agreement or wish to use the Image in a manner not permitted by this agreement (for example:as part of an advertisement, point-of-sale material, product packaging, press release etc), please contact us by email at mail@the-lightbox.com, or by phone at 01704 566066 (UK) or +44 1704 566066 (international).


User Warranties. You warrant that you will take all necessary steps to prohibit and prevent duplication or further distribution of the image(s).

The Lightbox Warranties: The Lightbox warrants that the supplied digital image(s) are shall free from material defects in material and workmanship for thirty (30) days from the time of delivery. Your sole and exclusive remedy for a breach of this warranty is shall be the replacement or of the image(s) or refund of the purchase price at the sole option of The Lightbox. THE LIGHTBOX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not permit the exclusion of implied warranties and you may have other rights, which vary from state to state.

Damages. IN NO CASE SHALL THE LIGHTBOX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF The Lightbox IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE LIGHTBOX' LIABILITY UNDER ANY LEGAL THEORY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE LIGHTBOX. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE WARRANTIES IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

(USA ONLY) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between The Lightbox and you. The Lightbox would not be able to provide the image(s) on an economic basis without such limitations.

(Outside of the USA only) The limitations or exclusions or warranties and liability contained in this agreement do not effect or prejudice the statutory rights of a consumer; i.e., a person acquiring goods otherwise than in the course of business. The Lightbox shall not be liable for any general, special, direct, indirect, incidental or consequential damages arising out of the license and use of the image(s).

Notices. Any notices or requests to The Lightbox may be addressed to the company at: 19 Lynton Drive, Southport, Merseyside PR8 4QP, United Kingdom or by e-mail addressed to mail@the-lightbox.com

Termination. This agreement shall immediately terminate upon violation of any of its provisions. Upon termination you must immediately stop using the image(s), delete all copies of such image(s) from your computer and all magnetic media.

Legal Costs And Jurisdiction

In the event that either a court of competent jurisdiction directs us to go to court, or the matter involves copyright, you agree to fully reimburse The Lightbox and Simon Kirwan for its reasonable legal fees and disbursements if The Lightbox and Simon Kirwan is successful in the suit.


YOUR ACCEPTANCE OF ANY IMAGE(S) CONSTITUTES YOUR CONSENT TO AND ACCEPTANCE OF THE FOREGOING IMAGE LICENSE.

Governing Law and General Provision

This Agreement will be governed by the laws in force in England and Wales excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that neither the Images nor the Products will be shipped, transferred or exported into any country or used in any manner prohibited by export administration legislation or any other export laws, restrictions or regulations.

If you need more information on the license contact: mail@the-lightbox.com

Lightbox Aerial Photography Web Site Terms & Conditions

1. Access to and use of the www.aerial-photographer.co.uk web site ("this site") is provided by Simon Kirwan trading as The Lightbox("us" or "we") subject to these Site Terms.

2. Your use of any part of this site constitutes your acceptance of these Site Terms which take effect on the date on which you first use this site. We reserve the right to change these Site Terms at any time by posting changes online. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes your acceptance of the amended Site Terms.

3. Whilst we endeavour to make this site available 24 hours a day, we will not be liable if for any reason this site is unavailable at any time or for any period. Access to this site may be suspended temporarily or permanently and without notice.

4. Any information found on this site is intended for guidance only. We may change this site and anything described in it without notice to you.

5. Whilst we endeavour to ensure that information on this site is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for any errors or omissions.

6. Except for death or personal injury resulting from our negligence or as otherwise provided in the Terms and Conditions for sale of our products, we shall not be liable for any damages or losses (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort or otherwise from the use of or inability to use this site, or any material contained in it, or from any action or decision taken as a result of using this site or any such material.

7. We do not warrant that this site will be compatible with all hardware and software which you may use. Although we may put in place security measures for your protection, we shall not be liable for damage to, or viruses that may affect, any computer equipment, software, data or other property as a result of your access to, use of or browsing of this site or your downloading of any material.

8. You may use material, information or data provided by this site for your own personal use. You may not use any such material, information or data in connection for your external business purposes. Downloadable images may be used for commercial and personal web sites, and multimedia cd-rom only. All other useage requires a specific agreement with The Lightbox.

9. You shall not submit any material or information to us or to this site which is in any respect in breach of any statute, regulation or byelaw of any jurisdiction or which may breach the intellectual rights or privacy or other rights of any third party or which may be defamatory, obscene or indecent.

10. You shall fully and promptly indemnify us against all damages, proceedings, claims, demands, liabilities, losses, charges, costs and expenses which we may suffer or incur as a result (direct or indirect) of any material, information or data submitted by you to us or to this site.

11. The Lightbox name and logo and all related product and service names, design marks and slogans are the trade marks or service marks of us or our suppliers.

12. We accept no responsibility for the content of any site to which a link from this site exists. The links are provided “as is” with no warranty, express or implied, for the information provided within them.

13. In addition, when you supply any personal information, you shall be deemed to have accepted the terms of the Privacy Statement.

14. These Site Terms shall be governed by and construed in accordance with English law.

TERMS & CONDITIONS FOR CONSUMERS

Please read the following Terms and Conditions carefully.

1. About us and these Terms and Conditions

1.1 "We" are The Lightbox Royalty Free Picture Library. Our registered office is 19 Lynton Drive, Southport, Merseyside PR8 4QP, United Kingdom. If you have any comments, suggestions or complaints, we would be pleased to receive them at this adddress or by e-mail to mail@the-lightbox.com. Alternatively, you may telephone us on +44 (0)1704 566066 between the hours of 09.00 and 17.00 GMT. Normal BT rates apply (i.e. it is not a mobile phone or premium rate line).

1.2 These Terms and Conditions govern the supply by us of any products ordered by you on the www.the-lightbox.com web site ("the site"). The particular product or products that you order at any one time from us is referred to in these Terms and Conditions as "the product".

1.3 In these Terms and Conditions:

1.3.1 "you" means the person who orders a product from the site; and

1.3.2 "the contract" means your order of a product in accordance with these Terms and Conditions which we accept in accordance with clause 2.5 below. If you order more than one product or several units of the same type of product, each unit of each product will constitute a separate contract.

1.4 These Terms and Conditions tell you what you can do with the product, how to buy it and the rights and obligations you have.

2. Making Orders of products

2.1 You must follow the instructions on the site to make your order.

2.2 Once you select a product that you wish to order, you will then be shown the price you must pay including VAT, if applicable, and standard delivery charges. Subject to clauses 2.8 and 2.9 below, this is the total that you will pay for the ordered product. There are no extra charges unless you opt for special delivery, in which case we shall inform you of the additional cost before we accept your order.

2.3 You shall pay for the product at the time of ordering by supplying us with your credit card details which we require in order to process your order. We shall obtain the money for payment of the product following our acceptance of your order.

2.4 When you submit an order to purchase a product from us, you agree that you do so subject to these Terms and Conditions together with:

2.4.1 the Site Terms; and

2.4.2 the License Agreement; and

2.4.3 the Privacy Statement in force at the time of your order.

2.5 Your order remains valid as an offer until when we accept your order or if earlier when we receive your notice revoking your order.

2.6 The contract shall be formed when we accept your order by sending our order confirmation to you by email, together with a confirmatory invoice. This is when the binding contract will be made. We shall not be obliged to supply the product to you until we have accepted your order. Until we accept your order, we reserve the right to refuse to process your order.

2.7 If you discover you have made a mistake with your order please contact mail@the-lightbox.com immediately. You must do this before we send the order confirmation.

2.8 If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

2.9 If there is no VAT applicable to your order, then the price that you must pay to us for the order will be reduced by deducting the VAT element confirmed in the order.

3. The artwork and graphics on the site

3.1 The quality of our design reproductions and of the materials we use are of great importance to us. While every effort is made to supply a product which is as shown on the screen, or in our advertisements, technical constraints may cause slight variations. The artwork and graphics that appear on the site and on your computer screen is only a graphic representation of the font and graphics of the product.

4. Delivery of the product

4.1 We aim to deliver the product to you at the place of delivery requested by you when you submit your order and we aim to deliver within the time indicated on the site but we cannot give an exact delivery date. Seasonal goods may take additional time. Delivery times given on the site are estimates only. However, if you have not received the ordered product within 30 days of the date on which you sent your order then you may cancel the contract. In any event:

4.1.1 we shall inform you if we are unable to supply the product to you within the 30 day period; and

4.1.2 within 30 days of the end of that 30 day period we shall refund to your credit card company any money paid to us under the contract.

4.2 You shall own the product when we deliver it to you (but not the Materials as defined in the copyright notice).

5. Cancellation

5.1 You may cancel the contract for any reason if within 14 days of delivery of the product you give us notice in writing or in another durable medium accessible to us that you wish to cancel the contract. The notice may be delivered by hand or sent by post to our address at 19 Lynton Drive, Southport, merseysoide PR8 4QP, United Kingdom or sent by e-mail to mail@the-lightbox.com. The notice shall be deemed to have been given on the day on which it was sent.

5.2 If you cancel the contract:

5.2.1 you shall return the product to us in good condition, using the same method as it was delivered to you. Please note that the product is your responsibility until we receive it and we recommend that you get a Certificate of Postage. You shall be responsible for paying all the costs of returning the product; and

5.2.2 we shall refund payment made by your credit card company to us for the product to your credit card company within 30 days of receiving your notice of cancellation.

6. Warranty

6.1 We warrant that the delivered product will be free from defects in materials and workmanship for a period of 30 days from the date of delivery. If you discover a defect in the materials or workmanship of the product, you must inform us as soon as possible but in any event within that 30 day period. Subject to you complying with these time limits and subject to clause 6.2 we will arrange for the return of the product at no cost to you and we shall refund the price paid by your credit card company or, if you wish, replace the product instead.

6.2 If we find that the product is not defective or that the product has been misused or subjected to neglect, carelessness or abnormal conditions or involved in any accident or attempt at modification or dealt with contrary to our instructions, we may decide not to repair or replace the product and require you to pay all carriage costs.

6.3 The warranty in clause 6.1 sets out our liability in respect of a defective or damaged product and shall apply in lieu of all conditions, warranties or obligations which would otherwise be implied by common law, all of which are excluded to the fullest extent permitted by law. This does not affect your statutory rights, under which you have the right to insist that goods that you buy from businesses must correspond with their description, be fit for their purpose and be of a satisfactory quality.

6.4 The warranty contained in this clause is specifically limited to the person who makes the order with us. No warranty is made to any other person.

7. Limitation of our liability

7.1 We shall not be liable for any delay or failure to perform due to any circumstances outside our reasonable control, including without limitation Acts of God, civil commotion, riots, revolt, war, terrorism, hostilities, warlike operations, piracy, arrests, restraints or detainments of any competent authority, strikes, lock-outs, floods, droughts, fire, earthquakes, mechanical breakdown, inability to obtain or shortage of materials, equipment or transportation or any legislation change. However, if you have not received the ordered product within 30 days of the date on which you sent your order then you may cancel the contract in accordance with clause 4.1.

8. Notices

8.1 Subject to the rest of these Terms and Conditions, any notice or other communication required or authorised to be given under this Agreement shall be in writing and may be served by personal delivery or by pre-paid, registered or recorded delivery letter or by facsimile addressed to the relevant party at the address or facsimile number of the relevant party last known to the other.

8.2 Subject to the rest of these Terms and Conditions, any notice given by post shall be deemed to have been served two business days after the same has been posted if you are based in the UK or seven business days after the same has been posted if you are not based in the UK and any notice given by facsimile shall be deemed to have been served upon receipt of an answerback signal from the receiving machine, and in proving such service it shall be sufficient to prove that the letter or facsimile was properly addressed or numbered and, as the case may be, posted as a prepaid, registered or recorded delivery letter or despatched or an answerback signal received.

8.3 For the purpose of this clause 8, a "business day" means any day other than a Saturday, Sunday or a day which is a public holiday in the place both of posting and of address of the notice.

9. General

9.1 We advise you to print and keep a copy of these Terms and Conditions and your order for future reference.

9.2 The contract shall be governed by English law and you hereby submit to the non-exclusive jurisdiction of the English courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.

9.3 No failure or delay by either party in exercising any right under the contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish your or our rights under the contract.

9.4 If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as the Terms and Conditions shall be capable of continuing in effect without the unenforceable term.

9.5 These Terms and Conditions (incorporating the Site Terms, the copyright notice and the Privacy Statement), together with price, product and delivery details agreed between you and us, contains the agreement between you and us in relation to the contract. These Terms and Conditions apply to the exclusion of any contracts or terms submitted, proposed or stipulated by you. Nothing in the contract shall exclude or limit liability for fraud.

9.6 A person who is not a party to the contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce a term of the contract.

If you have any other questions/comments about The Lightbox, you should email us: mail@the-lightbox.com

© 2007 The Lightbox. All Rights Reserved.