Terms of Use
By using this website at any time or by downloading any image(s), you agree to these Terms of Use, including any modification, alteration or update from time to time.

These Terms of Use constitute a legal agreement between you (including your directors, employees, officers, contractors, agents, principals or any related body corporate or affiliate) (you, your) and Visual Exposure Ltd, Caslon Court, Pitronnerie Road, St Peter Port, Guernsey, UK, GY1 2RW. Trading as Visual Exposure Photographic Library (we, us, our). We reserve the right to modify, alter or otherwise update these Terms of Use at any time and without notice.

Ownership Rights
This website is owned and operated by Visual Exposure Photographic Library. All of the content shown or displayed on this website, including graphics photographic images, moving images, sound, illustrations and software (Content), is owned by Visual Exposure Photographic Library, or our licensors or other Content providers.

Visual Exposure Photographic Library owns or has rights to use or display all trade marks, service marks, trade names and logos appearing on this website. All elements of this website, including the general design, layout, source code and Content, are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights.

Except as expressly permitted by these Terms of Use (including the Comping License below), or the License Agreement For Images, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights remain the exclusive property of Visual Exposure Photographic Library, or our licensors or other Content providers.

You indemnify Visual Exposure Photographic Library, and our licensors and Content providers, against any losses, expenses, liabilities, costs or damages incurred by any or all of them as a result of your breach of the Terms of Use or your unauthorized use of the Content.

Use Of Images
The licensing and subsequent use of images accessed from this website is subject to the License Agreement For Images .You must read and accept the terms of that agreement before licensing any images on this website.

You may choose to download a free, low resolution version of an image before licensing it, but only if you first read and accept the terms of the Comping License below.

Privacy
As a user of this website, we respect your privacy and adopt procedures to ensure that information in our possession about our users is appropriately protected. While you will be asked to provide certain information about yourself in connection with licensing reproduction rights to our images, we will only use this information in granting licenses to you. We may also send you by email or otherwise information about new products, services or other promotions which may be of interest to you. If you do not wish to receive this information, you may either modify your registration or account profile or contact us at info@visualexposure.co.uk , or Tel +44 (0)1481 724455. Visual Exposure Ltd does not share any information you provide us with anyone other than Visual Exposure Ltd’s subsidiaries, affiliates and as may be necessary for payment processing.

Submissions
Visual Exposure Photographic Library is always pleased to receive comments and suggestions about our website and other services that we provide.

Any information you provide in connection with this website, such as comments, suggestions, ideas, notes, drawings, concepts or other material or information will be considered non-proprietary and non-confidential. Visual Exposure Photographic Library and persons designated by us may use any of that information without restriction. You grant Visual Exposure Photographic Library and its designees the worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, make derivative works from, and sell and distribute that information in any form and to license others to do the same.

Disclaimer
This website and its Content are provided "as is" and without any express or implied warranties of any kind, including implied warranties of title or implied warranties of merchantability, satisfactory quality or fitness for any particular purpose.

While Visual Exposure Photographic Library uses all reasonable efforts to ensure the accuracy, correctness and reliability of this website and its Content, we do not represent that this website or its Content will be error free or warrant the accuracy or suitability of the information or links provided on the website. We do not represent or warrant that our website will be available on a timely basis.

Comping License
You may download a free low resolution, watermarked image solely for the purpose of using the image in creating comprehensive layouts, in house presentations or mock-ups for client presentation purposes (Comping Image). By downloading a Comping Image, you agree to be bound by the following terms (Comping License) as at the date on which you download the Comping Image. Visual Exposure Photographic Library reserves the right to change the terms of this Comping License at any time without notice.

a) License: Visual Exposure Photographic Library grants you a non-exclusive, non-assignable, non-transferable, revocable license to copy a Comping Image onto your computer hard drive and use the Comping Image for the following limited applications: comprehensive layouts ("Comps"), in house presentations and mock-ups for client presentation purposes. You are not granted any rights to use the Comping Image for any other purpose. Except for the rights granted in this Comping License, you have no right, title or interest in the Comping Images.

b) Use of Images: You must not use a Comping Image in a manner which would contravene any law of any country in which the Comping Image is to be published, including laws of defamation, obscenity, blasphemy and laws protecting rights of privacy and intellectual property. You must not place the Comping Image online in a down-loadable or FTP format.

c) Retention of Image: Unless otherwise agreed by Visual Exposure Photographic Library, a Comping Image must be deleted from all electronic and removable media, and any other copies of the Comping Image must be destroyed, no more than 60 days from the date on which the Comping Image is downloaded. Until you delete or otherwise destroy all copies of the Comping Image, you must ensure that any identification number and copyright information provided with the Comping Image is retained.

d) Releases and Licenses: Unless Visual Exposure Photographic Library specifically states on this website that Visual Exposure Ltd has secured a relevant release or license, in respect of a particular Comping Image, to allow downloading and reproduction of the Comping Image, Visual Exposure Photographic Library does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in a Comping Image. You are responsible for ensuring that all necessary rights, consents, licenses or permissions that may be required are obtained prior to publication, reproduction or other use of a Comping Image, except only for those releases or licenses that Visual Exposure Photographic Library has expressly stated on this website to have been secured.

e) Infringement of Copyright: You must notify Visual Exposure Photographic Library of any activity of anyone of which you become aware, which infringes, or may infringe, the copyright in any Comping Image. If there is infringement of copyright in any Comping Image, you agree to provide assistance to Visual Exposure Photographic Library as reasonably required by Visual Exposure Photographic Library, including being joined in any proceeding at Visual Exposure Photographic Library expense. If Visual Exposure Photographic Library takes legal proceedings at its own expense, Visual Exposure Photographic Library will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to you. Visual Exposure Photographic Library will be under no obligation to take any action in the event of infringement.

f) Sensitive Subjects: If you intend to use the Comping Image for sensitive subjects, including (but not limited to) contraception, matters of a sexual nature, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer, other serious physical or mental ailments or the disparagement of a person or a product, you must obtain the prior written consent of Visual Exposure Photographic Library. Visual Exposure Photographic Library reserves the right not to permit the use of a Comping Image for any reason. If you use a Comping Image in those circumstances without Visual Exposure Photographic Library prior written consent, you indemnify Visual Exposure Photographic Library and hold it harmless against any liability, damage, cost or expense of any nature or type arising out of or in connection with that use.

g) Termination: If you breach of any of the terms of this Comping License, it will automatically terminate. On termination or expiration of this Comping License for any reason:(i) all rights granted to you will automatically revert to Visual Exposure Photographic Library; and (ii) you must immediately cease using the Comping Image and must delete the Comping Image and all copies of it from all electronic and or magnetic media and destroy all other copies of the Comping Image, or upon request by Visual Exposure Photographic Library, return all those copies to Visual Exposure Photographic Library.

h) No Liability: To the maximum extent permitted by law, Visual Exposure Photographic Library will not be liable to you in any way for loss or damages of any kind, including (without limitation) any consequential, special, indirect or direct damages, loss of data, or loss of profits in any way connected with or arising out of this Comping License, including (without limitation) Visual Exposure Photographic Library negligence, willful act or default or any computer virus contained in a Comping Image. This limitation of liability applies even if we have been informed of the possibility of such damages, or the damages may reasonably be supposed to have been in the contemplation of you and us at the date of this Comping License as a probable result of any
act or omission.

i) Warranty: You acknowledge that the Comping Image is supplied " as is " and that Visual Exposure Photographic Library has not made, and that no person acting on behalf of Visual Exposure Photographic Library has made, any representation as to the Comping Image’s merchantability, or suitability for any particular purpose. To the maximum extent permitted by law, all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise in relation to the license of the Comping Image are expressly excluded.

Enforceability
If any provision of these Terms of Use is held unenforceable, that provision will be deleted only to the extent necessary, and the other provisions of these Terms of Use will remain in full force and effect.

No Waiver
No failure to exercise or any delay in exercising any right, power or remedy by you or us operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.

Interpretation, Governing Law & Disputes
These Terms and Conditions, as well as any disputes or claims arising under or relating to this Agreement, shall be governed by, and construed in accordance with, the laws of England. Disputes arising under this Agreement shall be exclusively subject to the jurisdiction of the courts of England. Notwithstanding the foregoing, however, the Visual Exposure Photographic Library shall have the right to commence and prosecute any legal or reasonable action or proceeding before any non-English court of relevant jurisdiction to obtain injunctive or other relief in the event that, in the opinion of the Visual Exposure Photographic Library, such action is necessary or desirable.

Entire Agreement
These Terms of Use contain the entire agreement between you and us with respect to their subject matter and supersede all prior agreements and understandings between you and us in connection with them.

This License Agreement (Agreement) is between you (including your directors, employees, officers, contractors, agents, principals, or any related body corporate or affiliate) (You) and Visual Exposure Ltd, Caslon Court, Pitronnerie Road, St Peter Port, Guernsey, UK, GY1 2RW. Trading as Visual Exposure Photographic Library (we, us, our) Please read the Agreement below and indicate Your acceptance of these terms and conditions by clicking on the "I Accept" button at the end of the Agreement. By using this service You are agreeing to be bound by this Agreement as at the date on which you download any image (Image) displayed on the Visual Exposure Photographic Library website for the purpose of licensing the Image.

By clicking on the "I Agree" button, and using this service and any Image, You are indicating that You are at least 18 years old, and agree to be bound by all terms of this Agreement. You may print and keep a copy of this Agreement. Visual Exposure Photographic Library may change the terms of this Agreement at any time and without notice. When the terms have been changed Visual Exposure Photographic Library will notify You by on-line posting at Visual Exposure Photographic Library website. If You do not agree to be bound by the terms of this Agreement You should click on the "I Decline" button at the end of this Agreement. In that case, you are not permitted to download or license any Image.

License : Visual Exposure Photographic Library grants you a non-exclusive, revocable license to reproduce the Image solely for the purpose specified in the Invoice. The Image may not be used for a purpose other than the specified purpose without the prior written consent of Visual Exposure Photographic Library. Except for the license granted in this Agreement, You have no right, title or interest in any of the Images. Unless agreed by Visual Exposure Photographic Library in writing, no modifications may be made to any of the Images, except for colour correction, removal of minor imperfections and moderate cropping. All rights not expressly granted in this Agreement are reserved by Visual Exposure Photographic Library. You must pay the fee for the specified purpose (License Fee) either at the time of downloading the Image, or in accordance with the payment terms specified in the Invoice.

Use of Images: You agree not to use any of the Images in a manner which would contravene any law of any country in which any of the Images are to be published, including laws of defamation, obscenity, blasphemy and laws protecting rights of privacy and intellectual property. You agree to comply with all reasonable requests by Visual Exposure Photographic Library to withdraw any of the Images from publication for reason of potential illegality or legal liability. You must inform Visual Exposure Photographic Library promptly of any claim of legal liability concerning the use of any of the Images. Except as provided in this Agreement, the Visual Exposure Photographic Library and Visual Exposure Ltd logos and names may not be used in any way without the prior written permission of Visual Exposure Photographic Library.

Attribution of Images: In any editorial use of an Image in any medium, You must include a credit, or procure a credit, next to each Image in the form specified in the Invoice. Before publication of an Image (or where impractical, as soon after publication as is reasonably possible), You must provide Visual Exposure Photographic Library with one copy of any publication or document in which an Image is included. If this is not feasible due to the nature of or the medium of publication, you must inform Visual Exposure Photographic Library of this.

Electronic Storage of Images: An Image must not be duplicated, scanned or electronically retained except as necessary for the purpose specified in the Invoice. In addition, you may only use or retain a single copy of an Image on a single computer. You may only download a high resolution Image onto one computer hard drive or other computer medium and may not otherwise make, use or distribute copies of the Image for any purpose. You may not store the Image on any image storage jukebox, network configuration or similar computer network arrangement.

Warranty: Visual Exposure Photographic Library warrants that the digital copy of the Image supplied to You will be free from defects in material and workmanship for 30 days. The sole and exclusive remedy for a breach of this warranty is the replacement of the Image or a refund of the License Fee, at Visual Exposure Photographic Library option. Other than as stated in this Agreement, You acknowledge that the Image is supplied " as is " and that Visual Exposure Photographic Library has not made, and that no person acting on behalf of Visual Exposure Photographic Library has made, any other representation as to the Image’s merchantability, or suitability for any particular purpose. To the maximum extent permitted by law, all terms and warranties expressed or implied by any legislation, the common law, equity, trade, custom or usage or otherwise in relation to the license of the Image are expressly excluded.

Releases and Licenses: Unless Visual Exposure Photographic Library specifically states on its website or the Invoice that Visual Exposure Photographic Library has secured a relevant release or license, in respect of a particular Image, to allow downloading and reproduction of the Image, Visual Exposure Photographic Library does not make any representation or warranty with respect to the use of names, likenesses, trademarks, logos, uniforms, buildings, signs, registered or copyrighted designs, or works of art depicted in an Image. You are responsible for ensuring that all necessary rights, consents, licences or permissions that may be required are obtained prior to publication, reproduction or other use of an Image, except only for those releases or licences that Visual Exposure Photographic Library has specifically stated on its website or the Invoice to have been secured. You indemnify Visual Exposure Photographic Library and hold it harmless against any liability, damage, cost or expense arising out of or in connection with any failure on Your part to obtain any necessary rights, consents, licences or permissions.

Infringement of Copyright: You must notify Visual Exposure Photographic Library of any activity of anyone of which you become aware, which infringes, or may infringe, the copyright in any Image. If there is infringement of copyright in any Image, You agree to provide assistance to Visual Exposure Photographic Library as reasonably required by Visual Exposure Photographic Library, including being joined in any proceeding at Visual Exposure Photographic Library expense. If Visual Exposure Photographic Library takes legal proceedings at its own expense, Visual Exposure Photographic Library will be entitled to retain the entire proceeds recovered in those proceedings, including any sums ordered to be due to You. Visual Exposure Photographic Library will be under no obligation to take any action in the event of infringement.

Sensitive Subjects: If You intend to use the Image for sensitive subjects, including (but not limited to) contraception, matters of a sexual nature, substance abuse, physical or mental abuse, alcohol, tobacco, AIDS, cancer, other serious physical or mental ailments or the disparagement of a person or a product, You must obtain the prior written consent of Visual Exposure Photographic Library. Visual Exposure Photographic Library reserves the right not to permit the use of an Image for any reason. If You use an Image in those circumstances without Visual Exposure Photographic Library prior written consent, You indemnify Visual Exposure Photographic Library and hold it harmless against any liability, damage, cost or expense arising out of or in connection with that use.

No Liability: To the maximum extent permitted by law, Visual Exposure Photographic Library will not be liable to You in any way for loss or damages of any kind, including (without limitation) any consequential, special, indirect or direct damages, loss of data, or loss of profits in any way connected with or arising out of this Agreement, including (without limitation) Visual Exposure Photographic Library negligence, willful act or default or any computer virus contained in an Image. This limitation of liability applies even if Visual Exposure Photographic Library has been informed of the possibility of such damages, or the damages may reasonably be supposed to have been in the contemplation of Visual Exposure Photographic Library and You at the date of this Agreement as a probable result of any act or omission.

Termination: In event of breach by You of this Agreement, Visual Exposure Photographic Library will give you 30 days written notice (notice period) to rectify the breach. This Agreement will automatically terminate upon the expiry of the notice period if You have not rectified the breach. Upon termination or expiration of this Agreement for any reason (i) all rights granted to You will automatically revert to Visual Exposure Photographic Library; (ii) You must immediately cease any use of the Images and must delete the Images and all copies of them from all electronic and or magnetic media and destroy all other copies of the Images, or upon request by Visual Exposure Photographic Library, return all those copies to Visual Exposure Photographic Library; and (iii) You must immediately return to Visual Exposure Photographic Library any original transparencies provided to You.

Retention of Image: Unless otherwise agreed by Visual Exposure Photographic Library, any Image must be deleted from all electronic and removable media and any other copies of the Image must be destroyed no more than 60 days from the date on which the Image is downloaded. Until You delete or otherwise destroy all copies of the Image, You must ensure that any identification number and copyright information included with the Image is retained.

Assignment: You may not assign, licence or transfer any rights granted to You or any of Your obligations under this Agreement without the express written permission of Visual Exposure Photographic Library.

Ownership of Images and Rights
Unless otherwise specifically stated in writing by us, the Images on this web site remain the exclusive property of Visual Exposure Photographic Library, a specific creator, or an authorised agent or representative for a Creator (such as a picture agency). For the avoidance of doubt, no copyright or other intellectual property right in the Images on this web site is transferred to you without a specific Invoice/Copyright License defining the rights we have granted to you.

Copyright Notice
(a) Our Images are protected by copyright. All rights to the Images are owned by the Creators and licensed by the Visual Exposure Photographic Library. A copyright and credit line must be included with the reproduction of our Images in the following format:

(i) If non-editorial use, you agree to provide copyright protection by placing proper copyright notice on any use.

(ii) If editorial use, you agree to provide a credit line in the form "© Visual Exposure" in type no smaller than that of related text, such credit line to appear adjacent to or within the Image(s).

(b)Since it is difficult to quantify the loss or damage incurred by us and our Image Creators due to an incorrect or missing copyright and credit line you agree that a reasonable amount of liquidated damages payable by you to us if the copyright/credit line is omitted or incorrect is 50% of the fee specified in our Invoice/Copyright Licence.

Samples of Printed Publications
If our Images are used by you in a print publication you agree to send to us, at your cost, one (1) free samples ("tear sheets") of the relevant pages containing our Images within thirty (30) days of publication. In other media, alternative evidence of use must be provided to us if requested. Failure to supply tear sheets or such alternative evidence of use shall be considered to be a material breach of these Terms and Conditions.

Term of Licence
The term of the Licence we issue you for use of our high-resolution Images is for a period of twelve (12) months from the date of issuance unless otherwise specified. Our Agreement will terminate automatically without further notice from us once the permitted use and term specified in our Invoice/Copyright Licence have been completed.

Invoicing
Customers who have established an account in good standing with the Visual Exposure Photographic Library have the option of receiving an Invoice for their use of our high-resolution Images. However, until such an Invoice is issued to you for the applicable Reproduction fee for the use of our high- resolution Images neither party is committed to grant or to use any Reproduction rights in any of our Images. After a Reproduction fee has been agreed and an Invoice/Copyright License issued and subsequently paid by you, you are granted specific reproduction rights and you may then use the Images, subject to these Terms and Conditions.

Payment
(a) Time is of the essence in the performance of your obligation to pay our Invoice/Copyright License. You only have the right to reproduce our Images when our Invoice/Copyright License is paid in full. Therefore, you agree to pay our Invoice/Copyright License within 30 days of issuance.

(b) Any Reproduction by you before payment of the relevant Invoice/Copyright License constitutes an infringement of copyright and a breach of this Agreement, thus entitling us to rescind the Invoice/Copyright License and rendering you liable for the payment of damages. NO RIGHTS OF REPRODUCTION ARE GRANTED UNTIL PAYMENT IS RECEIVED BY VISUAL EXPOSURE PHOTOGRAPHIC LIBRARY.

(c) If payment is not made by you in accordance with (a) above then we may revoke the applicable Invoice/Copyright License and recover damages or, at our option, we may charge interest to you on the overdue amount at 5% above the official dealing rate of The Bank of England per annum on the outstanding balance.

(c) All sums required to be paid to us under these Terms and Conditions are expressed net of Value Added Tax (and any equivalent or substitute tax), which (if and to the extent payable on such sums) shall be paid by you.

Indemnification
(a) You shall indemnify and hold us harmless against all claims, loss, damage, proceedings or costs with respect to Images that have been Reproduced without effective rights, model releases, permissions or consents.

(b) You agree to indemnify and hold harmless the Visual Exposure Photographic Library against all claims, demands, costs, damages and related expenses, whether foreseeable or not, arising directly or indirectly in respect of any claims that the Reproduction of any Image provided to you by us infringes the intellectual property rights of a third party. For the purposes of this clause, the term "Intellectual Property Rights" shall include: copyright, database right, patents, registered designs, trademarks and service marks (whether registered or not), design right, and all similar property rights including those subsisting in any part of the world in drawings, software inventions and confidential information.

(c) You agree that you will not use or permit the use of our Images to defame any person or violate any person's right of privacy or publicity, for any obscene or indecent purpose, or in any other way which is illegal or unlawful. You further agree not to use or permit the use of our Images as a trade or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof. You agree to indemnify and hold us harmless against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of our Images other than in accordance with the terms of this Agreement.

Exclusions/Limitations of Liability
(a) You agree that you accept these Terms and Conditions with the full knowledge that our liability is limited and that the prices and charges payable to us have been calculated accordingly.

(b) The Visual Exposure Photographic Library provides its web site and online Images, the accompanying data (including captions) and any Digital Medium in which the Images are provided "as is" and on an "as available" basis without any representation or endorsement and without warranty of any kind, whether express or implied, including, but not limited to, warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that use of the Images will be uninterrupted, error free or free of computer viruses or computer bugs, or that defects will be corrected, or give any warranty otherwise as to their functionality, accuracy, or reliability.

(c) Except as specified in this Agreement, all express, statutory or implied representations, warranties and conditions, including but not limited to any implied warranty and/or condition of satisfactory quality, fitness for a particular purpose or non-infringement, are hereby disclaimed.

(d) In no event will the Visual Exposure Photographic Library be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with these Terms and Conditions, including without limitation (i) the use of or inability to use the Images or (ii) the inability to obtain additional rights to the Images (including making additional copies). In any event, the limit of liability of the Visual Exposure Photographic Library shall be the fee paid for the Images to us.

(e) There may be links from our web site to other web sites on the Internet; however, these web sites are not controlled by us and we are not responsible for any content contained on any such web site or any loss suffered by you in relation to your use of such web sites. You waive any and all claims against us regarding the inclusion of links from the Visual Exposure Photographic Library web site to outside web sites or your use of those web sites.

(f) Some U.S. states and countries outside the United Kingdom do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by your state or national provisions.

Interpretation, Governing Law & Disputes
These Terms and Conditions, as well as any disputes or claims arising under or relating to this Agreement, shall be governed by, and construed in accordance with, the laws of England. Disputes arising under this Agreement shall be exclusively subject to the jurisdiction of the courts of England. Notwithstanding the foregoing, however, the Visual Exposure Photographic Library shall have the right to commence and prosecute any legal or reasonable action or proceeding before any non-English court of relevant jurisdiction to obtain injunctive or other relief in the event that, in the opinion of the Visual Exposure Photographic Library, such action is necessary or desirable.