Image Licence
Licence to use IDS Images - Conditions of their use by IDS customers
IDS has developed a portfolio of IDS Images to support the marketing of its products.
This portfolio is refreshed and updated annually and represents a substantial time
and financial investment to IDS. The IDS Images also reflect the brand, quality
and image which IDS seeks to maintain and portray to its customers and to users
of the dance-related products. IDS therefore enforce a strict policy of usage to
ensure that IDS Images are used properly and consistently in the market place in
the presentation of IDS dance-related products and to ensure that the models are
protected.
This Licence agreement sets out the legal basis upon which IDS permits its intellectual
property in the form of the IDS Images to be used by you as an IDS third party licensee.
IDS retain the ownership of all IDS Images and Intellectual Property Rights under
this agreement.
By using IDS Images you are deemed to acknowledge and agree to the terms of
this Licence.
1.
Definitions:
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“Expiry Date”
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31 August each year or the publication of the next following annual IDS Diamond
Catalogue.
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“Fee”
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One pound (if demanded by IDS) or free of charge to active IDS customers when using
the Images under the terms of this Licence.
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“IDS”
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International Dance Supplies Ltd, a company registered in England with registered
number 05452207 with trading and registered office address at Harlequin House, Forde
Court, Forde Road, Newton Abbot, Devon TQ12 4BT.
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“IDS Images”
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any digital, electronic, video, audio, mechanical or other image files together
with any proofs, thumbnails or printed photographs or video footage or any other
image format or derivation in which IDS owns the copyright and which have been released
for the current season.
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“IDS Watermark”
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images displayed on the Website or in the Materials are to bear the IDS watermark
and should not be removed from the image
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“Materials”
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the promotional, publicity and sales materials of the Licensee using any IDS Images.
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“Permitted Use”
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the publication of IDS Images on the Website or in the Materials for retailing purposes
only and in a manner which does not, in the sole discretion of IDS, compromise or
misrepresent the values, ethos, quality and style which IDS seeks to represent in
the dance marketplace.
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“Website”
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any web pages hosted at or pointed to the Licensee’s web domain.
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2. Licence: in consideration of the Fee being paid, IDS
hereby grants the Licensee the non-exclusive licence to use the IDS Images until
the Expiry Date for the Permitted Use only and in the manner set out in this Licence.
IDS shall supply you with the IDS Images and IDS Watermark upon reasonable request.
The Licensee agrees to ensure that all Materials will either bear the IDS Watermark
or include the following notice © IDS and that its use of the IDS Images will
not adversely affect the reputation, image and prestige of IDS.
3. Prior approval of auction Website: any commercial use
of the IDS Images on an auction website (such as Ebay) requires the prior written
approval of IDS which approval may be refused in IDS’s absolute discretion.
4. Review of Website/Materials: a Website and/or Materials
do not require the prior approval of IDS provided that IDS Images are faithfully
reproduced as supplied by IDS and are to include the IDS watermark. However, IDS
reserves the right to request copies of all Materials used and to require that changes
be made to the manner in which the IDS Images are used in the Materials or on a
Website in its sole discretion. Copies of any Materials requested must be provided
to IDS within 7 days of the request. If in doubt you should request prior
written approval of Materials or Website.
5. Format and Resolution: the IDS Images must be used
only in the original format supplied by IDS and may not be cropped or otherwise
manipulated without the prior approval of IDS. The resolution of the IDS Images
must be maintained at a level sufficient to prevent loss of image quality in the
Materials or on the Website.
6. Changes and Removal of IDS Images: If IDS require you
to change or remove any IDS Images within your Material or Website, the necessary
changes should be made by you within 7 days of the request. You should notify IDS
once the necessary removal or changes have been made and you should provide copies
of the changed Materials upon IDS’ request.
7. Child protection: certain IDS Images feature models
engaged by IDS. All models have given their written consent to IDS, and IDS will
not tolerate misuse or abuse of these IDS Images.
8. Confidentiality: Each party is to ensure that any information
of a confidential nature is kept confidential and is not disclosed to third parties,
unless it is agreed that disclosure of such information is necessary.
9. Cost: IDS shall not be responsible for any costs incurred
by you in making changes to the Website or Materials at our request, or for any
other direct or indirect costs associated with or resulting from the use of the
IDS Images.
10. Infringement: Each party shall promptly notify the
other of any actual or suspected infringement of the IDS Images or infringement
of third party rights as a result of its use of the IDS Images. You agree to assist
IDS in dealing with any potential action relating to such infringements and that
you will not do anything that could adversely affect IDS’ position.
11. No further licence: this Licence is for your use only
and does not permit you to sub-licence the IDS Images to a third party. A person
who is not a party to this agreement shall not have any rights under or in connection
with it.
12. Time restriction: this Licence expires automatically
upon the later of the annual release of a revised set of IDS Images (upon issue
of a new catalogue) or the Expiry Date and requires positive renewal by IDS and
the Licensee.
13. Withdrawal/Termination of Licence: this Licence may
be withdrawn at any time by IDS in its absolute discretion by written notice. Upon
withdrawal, termination or expiry and non-renewal of this
Licence the Licensee shall remove all IDS Images from its Materials and/or Website
within 14 days.
14. Law: this Licence is governed by English Law and any
dispute shall be settled by the courts of England and Wales.
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