Effective Date: 15th April 2020
Welcome to “Exposure” which is provided to you by Exposure Images Limited (“Exposure”, “us”, “we” or “our”).
In addition to these Terms, your use of the Website may also be subject to other terms and policies which are referred to below:
– our Privacy Notice, which explains what personal data we collect from you and how we use it;
– our Licence Agreement, which governs your use of any images you licence through the Website; and
– our Contributor Agreement, which governs the relationship between you and us when you make images available to licence through the Website.
Acceptance of our terms
These Terms govern the relationship between you and us in relation to our provision of the Website and your use of it. Therefore, please do take the time to read these Terms and make sure you understand them.
In order for us to make the Website available to you, you must agree to be bound by these Terms. By using the Website or otherwise indicating your consent (e.g. when you register for an account), you agree to be bound by these Terms. If you do not agree to these Terms, you do not have permission to use the Website and you must cease using it immediately.
We recommend you review these Terms each time you use the Website and print a copy of them for your future reference.
Our right to amend these terms
We reserve the right to change, modify, add to, or delete any part of these Terms at any time including to reflect changes affecting the Website, our products and services, our technology, our licensing arrangements, our payment methods, relevant laws and/or regulatory requirements.
If we do change the Terms, we will post the changes on this page and will indicate the effective date at the top. We may also communicate changes to you by email. You are responsible for regularly reviewing these Terms so that you are aware of any changes. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to (or cannot comply with) the Terms as amended, please do not use the Service.
Following any changes we make to these Terms, registered users may be asked to read and accept these Terms again when next logging in to their account on the Website. In these circumstances, continued use of the account functions of the Website will be conditional on acceptance of the amended Terms.
Using the website
Access to the Website is provided without charge and is permitted on a temporary basis. We reserve the right to withdraw or amend the Website at any time without notice.
You are responsible for making all arrangements necessary to access our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of these Terms.
Our Website is intended for use only by those who can access it from within the United Kingdom. If you choose to access the Website from locations outside the United Kingdom, you are responsible for compliance with local laws where they are applicable.
Availability of the service
You acknowledge that we cannot guarantee that the Website will always:
– stay the same (as we might change the Website or remove it altogether);
– be compatible with all or any hardware or software which you may use;
– be available all the time or at any specific time;
– be accurate and up-to-date; or
– be error-free or free of viruses, electronic bugs, Trojan horses or other harmful components and you must take your own precautions accordingly. In particular, you are solely responsible for ensuring that your computer equipment and devices, and the information stored on them, are backed up and protected by appropriate firewalls and internet security products or services.
You also acknowledge that:
– we cannot guarantee the performance or security of our Website; and
– to the fullest extent permissible by law, we will not be responsible for any damage or loss you may suffer directly or indirectly as a result of any virus attack that can be traced to our Website.
You must not:
– interfere with, or disrupt, the Website or any servers or networks connected to the Website, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page of the Website is rendered or displayed in a user’s browser or device;
– access the Website via a means not authorised in writing in advance by us, including but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies);
– attempt to restrict another user of the Website from using or enjoying the Website and you must not encourage or facilitate the breach of these Terms by others;
– use the Website for any illegal or unauthorised purpose;
– use the Website to impersonate any person or entity or to falsely claim or imply an affiliation with any person or entity or to simulate communications from us or another service or entity or to transmit any material that is likely to mislead or deceive any person;
– use the Website in any way which breaches any legal or contractual duty to a third party, including a duty of confidence;
– use the Website in any manner that harms or may harm any person;
– use the Website to infringe our intellectual property rights or the intellectual property rights of any other person;
– use the Website to collect or harvest any information or data from the Website or our systems or attempt to decipher any transmissions to or from the servers running the Website;
– use the Website to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; or
– change, modify, adapt or alter the Website or change, modify or alter another website so as to inaccurately imply an association with the Website or with Exposure.
Your privacy and cookies
Registering and using an account
In order to access the account functionality of the Website, you must register for an account with Exposure, either as a contributor or a licensee. Only one account is permitted per registered user.
The account functionality of our Website is only available to business users (e.g. limited company, partnership, sole trader or registered charity). Consumers are free to browse the Website (subject to complying with these Terms) but are not permitted to register an account with us.
By registering an account with the Website, the applicant warrants and represents that:
– it is registering as a business user using a business email address;
– the individual completing the registration process is authorised to act on behalf of the proposed account holder and is at least 18 years old; and
– complete, accurate and truthful information has been provided during the registration process.
Upon completion of the registration process, your application will be processed by us. If your application is accepted, you will receive a confirmation email from us containing a username and inviting you to set up an account password. Once you have set up your account password you will be able to access the account functionality on the Website. If you have registered as a contributor you will also receive a contributor welcome pack containing important information about your rights and responsibilities as a contributor.
You are responsible for maintaining the confidentiality of your username and password (“Access Credentials”). You agree that we will be entitled to assume that any person using the Website on your behalf, logging into your account or using the Website using your Access Credentials is either you or someone doing so with your permission. You are responsible for any use of the Website under your Access Credentials, including all financial charges and legal liability.
We recommend that you change your password from time to time to assist with security. If you know or have reason to believe someone has accessed the Website using your Access Credentials without your authorisation, it is your responsibility to change your password immediately. You agree to immediately notify us if you are aware of or suspect there has been any unauthorised use of your Access Credentials or your account or any other breach of security in relation to the Website.
We reserve the right at any time to disable your account at any time if we reasonably consider that your account and/or Access Credentials have been compromised in any way or that you have failed to comply with any of the provisions of these Terms or any applicable law or regulation.
We reserve the right to reject any application for registration in our sole discretion including, without limitation, if we consider that you and/or the relevant representative do not fulfil the criteria specified in these Terms and/or are in breach of these Terms or applicable law. We will notify you if we reject your application but we are under no obligation to give reasons for rejection.
Content available through the website
Your use of any photographs and other images that we make available to license for a fee on the Website (“Paid Content”) is permitted in accordance with, and subject to your compliance with, these Terms and our Licence Agreement.
Your access to any other information, data, images, photographs, videos and other content displayed on the Website (“Content”) is permitted in accordance with, and subject to your compliance with, these Terms.
You must not:
– use, or cause or permit others to use, any automated system or software to extract Content or Paid Content from the Website except in cases where you or any applicable third party has entered into a written agreement with us that expressly permits such activity; or
– use the Content or Paid Content for any illegal or unauthorised purpose.
User generated content
We may from time to time provide certain interactive features on our Website, such as forums, blogs or message boards, which allow registered users to submit content to the Website (“User Content”). For the avoidance of doubt User Content does not include Paid Content.
We may add or withdraw such interactive features at any time without notice or liability to you. If we make such features available to you, you must comply fully with these Terms when doing so.
We do not endorse User Content and give no warranty that User Content is complete, accurate, truthful and not misleading. You must not rely on any User Content which appears on the Website. You must seek appropriate professional advice before taking or refraining from any action on the basis of User Content.
You grant to us a non-exclusive, royalty free, irrevocable, perpetual, worldwide, transferable, sub-licensable licence to publish such User Content on our Website and on any social media accounts we maintain from time to time for the purpose of advertising, marketing and promoting our Website and our products and services. You agree that we may alter, crop, edit or modify your User Content and/or combine it with text, music, sound, graphics and other User Content without any obligation to notify you or seek your approval.
You agree in relation to any User Content that you upload to our Website that:
– you have the right and authority to upload the User Content to our Website;
– you have the right and authority to grant to us the rights set out in section “user generated content“; and
– the User Content is your own work, is not copied and does not infringe the rights (including intellectual property rights and rights of privacy) of any person.
You agree that you will not upload any User Content to our Website that: is or is likely to be unlawful, defamatory, obscene, pornographic, abusive, hateful, malicious, harmful, offensive, threatening; promotes sexually explicit material or activities; promotes violence or discrimination; promotes political views; invades another’s privacy, causes annoyance, inconvenience or needless anxiety; is likely to harass, upset, embarrass, alarm or bully any person; disparages any person or their business, products or services; or otherwise constitutes a breach of or any other provision of these Terms.
If you are unhappy about any User Content which appears on our Website, please contact us using the contact details at the end of these Terms. Please precisely identify the User Content about which you are notifying us and the registered user responsible for the User Content (if known). You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence of your ownership of copyright. We will then review the material and decide whether it complies with these Terms and applicable law. We will deal appropriately with any User Content which, in our opinion, violates these Terms and/or applicable law. We will endeavour to inform you of the outcome of our review within a reasonable time of receiving your complaint.
If we receive a complaint about your User Content, we will determine in our sole discretion whether it complies with these Terms and applicable law. Where a breach has occurred, we reserve the right to take such action as we deem appropriate, including any action referred to in section “If you breach these terms” below.
You agree to reimburse us fully on demand for any costs, expenses, damages and losses suffered, incurred or paid by us arising out of or in connection with any claim made against us by a third party to the extent that such claim is attributable to your User Content.
Intellectual property in our website
Content, Paid Content, the design of the Website and all software contained within the Website are protected by copyright, trade marks, patents and other intellectual property rights and laws. Content, Paid Content, the design of the Website and all software contained within the Website may not be copied, reproduced, transmitted, stored, sold or distributed without our prior written consent.
Paid Content is not sold to you. The licensing of Paid Content is strictly subject to our Licence Agreement which you will be required to agree to and accept as a condition of licensing any Paid Content.
All rights (including intellectual property rights) in all Content, Paid Content, the design of the Website and all software contained within the Website remains at all times vested in us or our licensors.
You may print off one copy of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
If you breach these terms
If you are in breach of, or we suspect you are in breach of, these Terms or the Licence Agreement or the Contributor Agreement, we may take any or all of the following actions:
issue a warning to you;
– effect an immediate temporary or permanent withdrawal of your access to your account and/or the Website;
– take legal action against you; and/or
– disclose such information to law enforcement authorities as we reasonably feel is necessary.
The responses described above are not limited and we may take any other actions we reasonably deem appropriate.
If we take any action described above, you will remain responsible for all outstanding amounts payable by you to us in relation to any Paid Content.
We have the right to terminate your access to the Website at any time, without notice, for any reason, including without limitation, breach of these Terms. We may also at any time, in our sole discretion, discontinue the Website or any part of it without prior notice.
You agree that we shall not be liable to you or any third party for any termination of your access to the Website or your account.
If we disable or terminate your access to your account or the Website for any reason, you acknowledge that you will no longer be able to access any information or other materials stored on your account. You are solely responsible for keeping copies of any information or other materials stored on your account, including any Paid Content.
If we disable or terminate your access to your account or the Website for any reason, you must not apply to register another account without our prior written consent.
Warranties, disclaimer and limitation on liability
We warrant that we will provide the Website with reasonable skill and care and substantially as described in these Terms.
You acknowledge that this Website has not been developed to meet your individual needs. Other than the express warranty in this clause, the Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without further warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
We give no warranty that the Website will meet your requirements, that Content or Paid Content will be accurate or reliable, that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
Our liability to you
We will not be liable under these Terms for any loss or damage caused by us or any of our employees or agents in circumstances where:
– there has been no breach of a legal duty of care which is owed by us or any of our employees or agents; and/or
– the loss or damage is not a reasonably foreseeable result of any breach of these Terms.
In the absence of any negligence or other breach of duty by us, the use by you of the Website is entirely at your risk.
We will not be liable for any business losses, including without limitation loss of profits, loss of revenue, loss of contracts, loss of business or business opportunity, business interruption, loss of anticipated savings, wasted management time, or loss of or damage to goodwill or reputation.
We have no liability to you for any loss or damage caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
You agree you will have no claim against us, in respect of any decision to remove the Website or any decision to suspend or terminate your access to the Website.
Nothing in these Terms affects your statutory rights if you are a consumer.
Your liability to us
You will be responsible for all claims, liabilities, damages, costs and expenses suffered or incurred by us as a result of your breach of these Terms or default in the discharge of your obligations.
Nothing in this will have the effect of excluding or limiting our or your liability for fraud or for death or personal injury caused by our or your negligence (as applicable) or for any other liability that cannot be limited or excluded as a matter of law.
Links to third party websites
Our Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites or the products and services offered on them and you acknowledge and agree that we are not responsible for and have no control over the content or availability of any such websites. We recommend you review those websites’ terms and conditions and privacy policies to ensure you are happy to use them. In particular, prior to entering into any transaction on such websites, it is your responsibility to satisfy yourself as to the quality and suitability of any products or services offered to you on such websites and the integrity and trustworthiness of the operators of such websites.
Linking to our website
We permit you to link to the home page of our Website provided you comply with the following:
– you only do so in a way that is fair and legal and does not take advantage of or damage our reputation;
– you do not suggest any form of association, approval or endorsement by us unless we have otherwise permitted; and
– you do not link to any other page of our Website other than the home page.
We reserve the right to withdraw permission to link in at any time without notice.
Transfer of rights and obligations
You may not transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with your use of the Website, without our prior written consent.
You agree that we may transfer, assign, charge or otherwise dispose of any rights or obligations arising under or in connection with the Website in our sole discretion.
You also agree that we may use third parties and sub-contract our obligations provided that we remain responsible to you for the performance of these Terms.
If any of these Terms should be found to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such term shall be removed and the remaining terms shall survive and remain in full force and effect and continue to be binding on and enforceable by both of us.
Third party rights
A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms but this section does not affect a right or remedy of a third party which exists or is available apart from that Act.
Governing law and jurisdiction
These Terms and the use of the Website generally and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England, provided that a consumer resident in Scotland or Northern Ireland may bring proceedings in Scotland or Northern Ireland, respectively.
All notices given by you to us must be sent to us by email at email@example.com.
We will give notice to you via the Website or, if you are a registered user, using the email address you provided at registration.
Notice will be deemed received and properly served immediately when posted to the Website, 24 hours after an email is sent, or three days after the date of posting any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to, and received by, the email address provided by the addressee.
Questions or complaints?
If you have any comments, queries or feedback regarding these Terms or the Website, or any items featured on the Website, please get in touch using the contact form on the Contacts page.