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Image download terms and conditions

These image download terms and conditions were created for websites selling downloadable images, whether to consumers or businesses or both. The images could be graphic works or photographs.

Perhaps the key provision in this kind of contract is the licence: the grant of rights to the customer to do things with downloaded images. For example, customers may be granted rights to copy, adapt and publish images. The terms provide for a wide range of licensing options. Any intellectual property rights not expressly licensed are reserved to the seller.

The template sets out the website's ordering procedure and makes clear that the contract does not commence until the customer's order is accepted by the seller.

Website operators selling downloadable images will need to comply with the Electronic Commerce (EC Directive) Regulations 2002 and - in the case of sales to consumers - applicable laws on distance contracts. The download contract has been drafted to aid compliance with this legislation.

The website owner reserves the right to amend the terms and conditions from time to time; however this does not affect existing contracts.

The terms and conditions should be displayed on the seller's website. They should also be sent to the customer via email, in such a way that the customer is able to store and reproduce them. Completion of purchase should be conditional on acceptance of the terms and conditions.

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Image download terms and conditions contents

  1. Introduction: purpose of document: governing downloads; express agreement to document upon order; no abridgment of consumer statutory rights.
  2. Interpretation: informal definitions for download terms and conditions.
  3. Order process: download advertisement as invitation to treat; no contracts except in accordance with order process; downloads order process; input error correction and identification.
  4. Prices: prices quoted on website; prices changes on website; amounts inclusive or exclusive of VAT.
  5. Payments: payment of download prices; methods of paying prices.
  6. Licensing of images: format and supply of downloads; grant of licence to use downloads; permitted uses of images; prohibited uses of images; warranty of ability to use downloads; all rights in downloads reserved; retention of proprietary notices in downloads; rights granted are personal; licence to use downloads terminates upon breach; termination of download licence by deletion; consequence of termination of licence to use downloads.
  7. Guarantee: cancellation right for all customers: provisions apply to all customers; money-back guarantee for digital content; limitations on money-back guarantee for digital content; refund method; no abridgment of consumer statutory rights.
  8. Distance contracts: cancellation right for consumers: cancellation right for consumers; cancellation right for digital content; consumer agreement to provision of digital content; exercise of cancellation right; full refund upon distance contract cancellation; refund method; refund timing for services and digital content.
  9. Warranties and representations: customer warranties and representations; warranty relating to digital content (B2B); warranties relating to digital content (B2C or mixed); no implied warranties or representations relating to supply of intangibles.
  10. Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
  11. Variation: revision of document by publishing new version on website; variations govern future contracts.
  12. Assignment: assignment by first party (with consumer rights); assignment by second party.
  13. No waivers: no unwritten waivers of breach; no continuing waiver.
  14. Severability: severability of whole; severability of parts.
  15. Third party rights: third party rights: benefit; third party rights: exercise of rights.
  16. Entire agreement: entire agreement - sale and licensing of downloads.
  17. Law and jurisdiction: governing law; jurisdiction.
  18. Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number.
  19. Our details: website operator name; company registration details; place of business; contact information.
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