This document has been created for websites offering images for sale via download. It sets out the legal relationship between the website owner and the individual consumer or business customer purchasing images. It also clarifies how the images may be used. Licensing rights are covered in detail.
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.
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.
Rights granted upon the purchase of an image are explained in the document. Purchasers are permitted to download the image, but their rights may be otherwise restricted in specific ways. For example, use may be limited to a certain number of computers or mobile devices, or publication may be limited to a certain number of websites controlled and operated by the purchaser. The document includes a general prohibition on the sale, lease, broadcast and transfer of the images. Alteration of the images may also be prohibited. Any intellectual property rights not expressly licensed in the document are reserved.
The website owner may amend the contract to include provisions relating to whether licensed rights extend to any third party, whether the purchaser is permitted to use the images for commercial purposes, and how the licence may be terminated following a breach of the contract's terms and conditions.
Standard legal provisions are incorporated into the document in relation to safeguarding against use of the images in any manner prohibited by law. The website owner is protected against the images being used in order to compete in any way with the website. The terms and conditions also require that technological measures be put into place to prevent any use of the images, or any attempt to use the images, without the website owner's consent.
The purchaser of the images is responsible for ensuring that he or she has the software and hardware necessary to download and realise the benefits of those images, and this responsibility is acknowledged in the contract.
The agreement makes clear that it does not override any consumer rights, setting out, for example, consumers' cancellation rights with respect to distance contracts (under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013). This section does not apply to business purchasers, only private individuals.
The purchaser affirms his or her legal capacity to enter into a binding contract, and authority to accept the agreement terms and conditions, and warrants that all information provided in making a purchase is accurate.
Standard terms apply with respect to liability.
The website owner reserves the right to amend the terms and conditions as required. However, any revision will only apply to new contracts. Waivers are prohibited. If any part of this agreement is determined to be unlawful and/or unenforceable, the other provisions of this agreement will continue in effect. No third party may enforce any rights under this contract.
This contract seeks to ensure the website owner complies with the Electronic Commerce (EC Directive) Regulations 2002 and provides the information legally required prior to placement of an electronic order.