Agreement for use of Gardenvisit.com images

General conditions

This agreement relates to Gardenvisit.com copyright material.

Using the Gardenvisit.com Image Gallery to upload or download material (text, images, photographs, scans, artwork, animations, audio clips, visual clips etc) implies and requires your agreement to these conditions of use. If you do not agree to these conditions of use you must not upload, download or use any material:
1. The Gardenvisit.com Image Gallery section of the Gardenvisit.com website enables the exchange of material between creators and users of material but makes no warranty or representation that the material is fit for purpose or correctly described. Material is supplied as seen and used entirely at your own risk. All questions concerning downloaded material (technical, descriptive, legal or other) must be put to the individual who uploaded the material.
2. You agree to indemnify Gardenvisit.com against all claims arising out of a breach by you of the terms of the General Conditions, the Download Conditions or the Upload Conditions.
3. Information received from Gardenvisit.com is confidential. This is particularly important for passwords.
4. The agreement can be terminated with 30 days notice by either party.
5. Gardenvisit.com's liability with respect to use of downloaded or uploaded item of material will be limited to any fee paid to download the item or any compensation received for uploading the item.
6. Gardenvisit.com, including its owners, employees and licensees, shall not be liable for any consequential loss or damage resulting from use of material supplied under its conditions of use.
7. This agreement will be governed by the laws of the United Kingdom. It will not be governed by the UN Convention on Contracts for the International Sale of Goods. All disputes which cannot be resolved by negotiation may be submitted to arbitration and if this fails may go to court.

Download conditions

1. The intellectual property and copyright in the material downloaded remains with its creator or with Gardenvisit.com. You can acquire only a license to use the material for the permitted uses specified below. You do not acquire ownership of the material.
2. The license to use the material is issued only to the individual who makes the download. The license is (a) non-transferable (b) non-exclusive. (c) of unlimited duration (d) of worldwide extent. Other persons who wish to use the content must acquire a license by downloading the material themselves, even if they work for the same organization as you.
3. You may make a backup copy of the material providing its original filename and other copyright and license information is kept in the backup location. Re-distrubuting material is expressly forbidden (eg by putting the material, or portions of the material, in a gallery or other collection).
4. Your use of downloaded material must be legal. See note, below, on the law for photographers. It is the publisher's responsibility to ensure that the use of the material complies with the law in the area where it is published.
5. You agree that the accuracy of captions is not guaranteed and needs to be checked by the publisher.

Permitted uses of downloaded material

1. Hardcopy publications (eg books, reports, magazines)
2. Electronic publications (eg web pages) up to 72 dpi and a maximum size of 800 x 600 pixels
3. Hardcopy or electronic copy for personal use (eg prints)
4. Creation of derivative works incorporating but not substantially similar to the downloaded material
Prohobited uses of downloaded material
1. Use of images of trademarked items (eg buildings or products) for advertising, promotion or commercial purposes
2. Use of images of people for advertising, promotion or commercial purposes (unless there is a model release form covering this use)
3. Use of images taken on private property for advertising, promotion or commercial purposes (unless there is a property release form covering this use)
4. Use of images for pornographic, obscene or illegal purposes
5. Re-distribution of material (eg by placing it on a networked server for use by other individuals)

Upload conditions

All material uploaded must be original material created by you, owned by you and for which you have the right to grant users royalty-free use. It must be virus-free
1. All material uploaded must be legally obtained. It must not, for example, be obtained through trespass on someone else's property or infringement of their rights. See below note on the law for photographers.
2. You must indemnify Gardenvisit.com against claims from users that material uploaded by you (or anyone using your password) is not your property, was obtained illegally or was uploaded in breach of this agreement.
3. All material upoaded must be exclusive to the Gardenvisit.com website and must not be offered for sale elsewhere. As the continuing owner of the intellectual property, you retain the right to take legal action in the event of an infringement.
4. Gardenvisit.com may inspect uploaded material and decide not to include it in the Gardenvisit.com Photo Gallery (for reasons of quality or for other reasons). Notwithstanding this inspection, the responsibility for ensuring that material is original and legal remains with the person who uploads it.
5. The money paid for downloads will change from time to time and the rates will be published on the Gardenvisit.com website.

Note on the law for photographers

The laws which affect taking and publishing photographs and other material (text, images, scans, artwork, animations, audio clips, visual clips, other media types) vary from state to state and time to time. One therefore needs to read specialist books and take advice from specialist lawyers. The following notes outline some of the principles. They use photographs as an example of a media type.
1. Laws affecting taking photographs differ from laws affecting publishing photographs.
2. It is the photographer's responsibility to check that taking the photograph is legal.
3. It is the publisher's responsibility to check that publication of the material is legal.
4. In many countries you are free to take photographs in any public place (eg a street, beach or park) but need permission to take photographs in a private place (eg a house, garden or office).
5. When a private property is open to the public, the owner may permit or restrict photography. Since restrictions may not be well publicised, it is best to enquire from a competent person (eg the owner or an empowered employee).
6. Most states restrict the photography of military, nuclear and strategic installations, even when they can be seen from a public place.
7. With regard to publishing photographs, there are important differences between:
(a) publishing material for news, comment, criticism, discussion or review (eg in newpapers, books, magazines or websites)
(b) publishing material to promote a product or service (eg advertising) or for another commercial use (eg to decorate a product, such as a T-shirt, a poster, a coffee cup or a box of chocolates)
For example:
(a) a candid photograph of people in a street, beach or public garden can usually be published for news, comment, criticism, discussion or review
(b) if the people are identifiable, the same photograph may not be published for promotional, advertising or commercial purposes unless there is a model release form signed by the person or persons identifiable in the image.
It is normal practice for photographers to obtain signed model release forms and property release forms and for publishers to check that these forms exist before publishing images.
8. Additional restrictions on publication result from copyright law. This may, for example, restrict publication of photographs of works of art (texts, sculptures, performances, graphic works etc). As with other copyrighted works, there is normally a fair use exemption which allows publication for purposes of news, comment, criticism, discussion or review.
9. Additional restrictions on publication result from trademark law. Company logos tend to be trademarked and so are some buildings and even lighting schemes (the lighting design for the Eifel Tower is a well-known example of a trademarked design).
10. Additional restrictions on publication result from employment law. Work produced by an employee working for hire normally belongs to the employer (eg a photograph taken for an employer).
11. Additional restrictions on taking and publishing photographs result from others laws which may be in force (eg concerning libel, obscenity, defamation and privacy).

Quotations:

'Ethics require photographers to think about more than legal requirements when making images. In a large sense, having a sound and considerate ethic about one's photography will go a long way to avoiding legal problems' Bert, P Krages, Esq. Legal handbook for photographers (Amherst Media, Buffalo, NY, 2002) p.116
'It must be stressed that this is not a "do it yourself" law book... Neither is the book a substitute for legal advice should it be necessary' Don Cassell The photographer and the law BFP Books, London, 1997) p. 12