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

Introduction: purpose of document: governing downloads; express agreement to document upon order; no abridgment of consumer statutory rights.
Interpretation: informal definitions for download terms and conditions.
Order process: download advertisement as invitation to treat; no contracts except in accordance with order process; downloads order process; input error correction and identification.
Prices: prices quoted on website; prices changes on website; amounts inclusive or exclusive of VAT.
Payments: payment of download prices; methods of paying prices.
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.
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.
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.
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.
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.
Variation: revision of document by publishing new version on website; variations govern future contracts.
Assignment: assignment by first party (with consumer rights); assignment by second party.
No waivers: no unwritten waivers of breach; no continuing waiver.
Severability: severability of whole; severability of parts.
Third party rights: third party rights: benefit; third party rights: exercise of rights.
Entire agreement: entire agreement - sale and licensing of downloads.
Law and jurisdiction: governing law; jurisdiction.
Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number.
Our details: website operator name; company registration details; place of business; contact information.

Image download terms and conditions document editor preview

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Image download terms and conditions document preview

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Which licence should I choose?

Version	1.3
First published	1 Sep 2016
Last updated	15 Mar 2021
Law	English law and EU law
Language	English (UK)
^†Word count	5,896
^†Template pages	8

† These figures are approximations.

Download terms and conditions

	Free licence	Standard licence	Extended licence	Professional licence
Number of document instances	1	1	5	25
Number of websites or digital products	1	1	5	25
Sub-licences permitted	None	1	5	25
Document licence period	No expiry	No expiry	No expiry	No expiry
Credit for Docular	Yes	No	No	No

Number of document instances

Document templates are the products available for sale on this website; whereas document instances are "clones" of the templates, which you can edit using Docular's online editor and export from the website.

We will update our document templates from time to time, but this will not affect your document instances. When you create a document instance, it will be based upon the latest version of the underlying document template at the time of creation of the instance, irrespective of your date of purchase.

You can save your document instance to our servers at any time, and return to editing later. Once you are happy with your editing, you can export the document and save it to your computer.

Number of websites or digital products

The licences include numerical limits upon: (a) the number of websites (including cloud services) on which documents may be published; and (b) the number of digital products (such as software programs) with which documents may be distributed.

Sub-licences permitted

All of our paid licences allow you to sub-license to a client of yours the right to use a document created using Docular.

When you sub-license that right, it becomes attached to the particular client. The number of sub-licences you may grant is numerically limited and, again, the limitation corresponds to the document instance limitation.

Document licence period

This is the period of the licence to use documents created using and exported from the Docular online editor. In short, the licences do not expire. There are no ongoing licence fees.

Credit for Docular

Each free template includes a textual credit for Docular (eg "this document was created using Docular") and you must retain that credit in all versions of the document.

Legal T&Cs

For full details of the licensing rules governing the use of Docular templates, instances and exports, see our terms and conditions.

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.

Image download terms and conditions contents

Download terms and conditions

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