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By using this site and/or downloading or purchasing any material in any of the available media formats, you agree to be bound by this Agreement. This agreement applies to you, and if you are using this web site on behalf of your employer, to you and your employer. Picture Research Solutions reserves the right to change this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement, or do not accept this Agreement, do not use this site or download or use any images.
Permitted Use of this Site
This site is owned by Picture Research Solutions and operated by eCentric Media Ltd. All aerial photographs and related information materials in any media format furnished by Picture Research Solutions hereunder, including related text, captions, or information (collectively referred to as "aerial photograph(s)") are owned by Picture Research Solutions or our image providers. All aerial photographs are protected by UK and international copyright laws.
This site contains both images that depict a visible watermark ("watermarked aerial photographs") and aerial photographs that do not contain a visble watermark ("non-watermarked aerial photographs"). Picture Research Solutions allows you to search for, view, and use watermarked aerial photographs only as permitted below. You may not remove any copyright or propriety notices contained in the images, caption information, or any other material on this site. Picture Research Solutions reserves the right to revoke your authorisation to view, download and use the aerial photographs and information available on this site at any time, and you agree to immediately discontinue your such use upon written notice from Picture Research Solutions. All rights not specifically granted under this Agreement are reserved to Picture Research Solutions. Additionally, you may not employ software to "crawl" or search our web site and/or retrieve aerial photographs or related information.
Picture Research Solutions may immediately terminate all licences granted to you without notice if you fail to comply with any provision of this Agreement or with Picture Research Solutions' standard Terms and Conditions applicable to your use. If a license is terminated, you agree to immediately (i) stop using this site and the aerial photographs, (ii) delete all aerial photographs and all copies from all magnetic media and destroy all other copies, or at Picture Research Solutions' request return all such copies to Picture Research Solutions. Your use of this site and any aerial photographs shall comply with all applicable law. Picture Research Solutions may restrict or remove your access to this site at any time, or restrict or remove the use of any aerial photograph for any reason, and may replace the aerial photograph with another aerial photograph, and you agree to immediately discontinue all use of the aerial photograph upon notification from Picture Research Solutions. Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this site and any images may include historically and culturally important aerial photographs and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context. You are solely responsible for determining whether your use of any aerial photograph requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Picture Research Solutions. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
As a convenience, our site may link to other sites that may be of interest to you but are not under Picture Research Solutions' control. These links do not imply endorsement by Picture Research Solutions and we are not responsible for the availability of or the content contained in any linked site. The Picture Research Solutions site may contain or use technology that provides Picture Research Solutions and its affiliates with information regarding your use of this site, or which permits Picture Research Solution to audit your compliance with this Agreement via the use of software designed to track and identify aerial photographs. Please consult our Privacy Policy for specific information on Picture Research Solutions policies for use of your personal information.
Registering For A Picture Research Solutions Customer Account
To obtain access to non-watermarked aerial photographs, you may apply for a Picture Research Solutions customer account and you agree to furnish true and accurate information. Picture Research Solutions reserves sole discretion over whether to grant you an account, and you agree to access the authorised sections of the web site and your account only by using the email address and password you supply to Picture Research Solutions. You are responsible for maintaining the confidentiality of your account login information, and you shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Picture Research Solutions of any unauthorised access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all aerial photographs downloaded or purchased in alternative media format (hardcopy and CD-ROM) by others using your account, with or without your permission or knowledge prior to the time that you notify Picture Research Solutions of any unauthorised use. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Picture Research Solutions customer account or web site or related services.
Your Use of Picture Research Solutions' Aerial Photographs
Aerial photographs include without limitation all digital and hardcopy aerial photographs and any related textual information (including captions and credits). Aerial photographs include visibly or electronically watermarked and reduced resolution aerial photographs ("watermarked aerial photographs") or higher resolution non-watermarked aerial photographs.
Aerial photographs displayed on this site may not be copied, distributed, altered or used in any manner not spelt out here without purchasing a license or obtaining written permission from Picture Research Solutions. If you are designing a project you may use the aerial photographs on this site to fill-in for the high resolution versions but you may not publish these aerial photographs without obtaining permission or a license. You may not publish an aerial photograph from this site without purchasing a license. This includes but is not limited to; free sites, personal, sites, and not-for-profit sites. Contrary to popular opinion, altering an aerial photograph does not free you from copyright infringement liability. Aerial photographs displayed on the site may be digitally watermarked for tracking purposes.
Use of Watermarked Aerial Photographs
Conditioned on your compliance with this Agreement, Picture Research Solutions grants you a limited license to download watermarked aerial photographs solely for evaluating whether you wish to purchase a license to the non-watermarked aerial photograph according to the Standard Terms and Conditions applicable to your use. You may use the watermarked aerial photographs for up to ten (10) days from the date of download in your internal "comps" and layouts to assist in your evaluation. You may not use a watermarked aerial photograph in any final materials distributed within your company or any materials distributed outside of your company or to the public or in any online or other electronic distribution system. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any aerial photograph. Except for this limited, internal testing and sample use, Picture Research Solutions grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any watermarked aerial photograph.
Use of Non-Watermarked Aerial Photographs
Your use of non-watermarked aerial photographs shall be governed solely by the Standard Terms and Conditions applicable to your use. Only Authorised Users may access and download non-watermarked aerial photographs.
Listed Restrictions
Aerial photographs may contain listed restrictions, including without limitation restrictions as to time, manner, industry and territory of use. Your ability to access anaerial photograph does not in itself entitle you to use that aerial photograph. Use of any aerial photograph contrary to a listed restriction is prohibited. If you do not understand or are unsure as to any restriction, you must contact Picture Research Solutions prior to download or use of any aerial photograph.
Unathorised Use
Without limitation, aerial photographs may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these aerial photographs constitutes copyright infringement and shall entitle Picture Research Solutions to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such aerial photographs. The foregoing is not a limiting statement of Picture Research Solutions' rights or remedies in connection with any unauthorised use.
Property Releases/Clearances
The rights Picture Research Solutions grants to you do not include a license to any places, property, or subject matter depicted in an aerial photograph, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no property releases, or other releases or licenses exist in connection with any of the aerial photographs, unless specifically stated in a separate writing by Picture Research Solutions. Picture Research Solutions makes no representations or warranties that it owns or licenses any rights nor does Picture Research Solutions grant you any rights including copyright, trademarks, or rights of publicity belonging to any place, property, or subject matter depicted in any aerial photograph. Further, Picture Research Solutions makes no representation or warranty as to the accuracy of any information provided with the aerial photographs. You are solely responsible for determining whether your use of any aerial photograph requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Picture Research Solutions. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with competent legal counsel.
Indemnification
You agree to indemnify, defend, and hold harmless Picture Research Solutions against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any aerial photograph either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an aerial photograph, or (4) any claim by a third party related to the use of an image, alone or in combination with any other material.
Disclaimers
Picture Research Solutions provides you with its site and aerial photographs on an as is basis. Picture Research Solutions makes no warranty, express or implied regarding any aerial photographs, its site, the accuracy of any information, or any rights of licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-fringement, or that the site or any services will be interpreted or error-free.
We shall not be held responsible to you if we are unable to provide any of our internet services to you for any reasons outwith our control. Unless we are negligent, we shall not be responsible for any loss you may incur, loss or destruction of data or any other loss you may incur from the use of our internet services or our aerial photographs. We will not be responsible for any losses resulting from your use, or your inability to use our web site or images - or resulting from unauthorised access to, or alteration to your transmissions, or data in circumstances beyond our control.
Except for any liability which cannot by law be excluded or limited, neither Picture Research Solutions nor any Picture Research Solutions affiliate shall be liable to you or any other third party claiming through it for direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the aerial photographs, whether framed as a breach of warranty or merchantability or fitness for a particular purpose or non-infringement, upon any legal theory, in tort, contract, failure of essential purpose or otherwise. In no event shall Picture Research Solutions' or its affiliates' liability for your use of any aerial photograph provided hereunder exceed the greater of (i) the amount invoiced and paid by you for the use of that aerial photograph, or (ii) £500.
Choice of Law / Jurisdiction / Lawyers' Fees
Any dispute regarding this Agreement shall be governed by the laws Scotland. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between Picture Research Solutions and you, Picture Research Solutions shall be entitled to recover its reasonable lawyers' fees, legal expert fees, and other legal expenses from you.
No Waiver / Severability
No action of Picture Research Solutions, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorised representatives of Picture Research Solutions, provided that no purchase order or similar document issued by you shall modify this Agreement even if signed by Picture Research Solutions. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without Picture Research Solutions' prior written consent.
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