Please read these terms and conditions carefully before purchasing and downloading a Digital Image(s) from www.sannyassa.co.uk website created by Mr G Billett ( afterwards called the Seller ) of 6 Maxwell Street Taunton. By using or purchasing a Digital Image from the Seller, the Purchaser agrees to be bound by the terms and conditions detailed in this document, afterward called the ‘Agreement’. If you do not accept the terms and conditions in this Agreement, do not purchase a digital image from the Seller.
Digital Images are offered for purchase and download in a variety of resolution sizes and prices as specified on both the Gallery and Purchase pages of the Seller’s www.sannyassa.co.uk website.
The images have been created on travels around the UK and within a number of countries during those occasions the seller has explored his interest in the culture, ritual and worship and sacred landscapes of these countries. The different resolution sizes permit the Purchaser to choose a digital file for specific purposes proportional to those resolutions, for example that of use on websites and social media for the smaller size to producing small, medium sized and larger images with the medium and full sized resolution choices.
1.The Seller owns and is providing the digital images(s) purchased and downloaded from www.sannyassa.co.uk created in the UK and other countries.
2. The digital image is the property of the Seller and is copyrighted by law. The digital image shall not be copied, published or used in any way except as provided for in this Licence. The Seller reserves the right to use the Digital image on the Seller’s website and for the Seller’s own marketing or advertising purposes.
3. Purchasing and downloading an image from www.sannyassa.co.uk confirms the Purchaser unreservedly accepts the terms and conditions of this Licensing Agreement. The Agreement automatically renews yearly unless the terms and conditions are infringed.
4. The Purchaser shall only use the Digital Image in accordance with this agreement.
5. The Purchaser may use the Digital Image for the duration of the Licence Term for the following commercial purpose ( the ‘Permitted Use’) : purchasing and downloading photographs from the Seller’s website.
6. The Purchaser may share the Digital Image to its social media platforms so long as the Digital Image is unaltered and includes a direct link to the Seller’s website or credit to the Seller.
Restrictions on Use
7. The Purchaser shall not resell, sub-licence or redistribute the Digital Image except as provided for in this Agreement.
8. The Purchaser shall not use the Digital Image in a commercial manner to earn money, for marketing or advertising purposes, or in a trade mark, except as provided for in this Agreement.
9. The Purchaser shall not use the Digital Image in an obscene, defamatory or immoral way.
10. The Purchaser shall not use, and shall not be allowed to use, the Digital Image for any purposes prohibited by the laws of England and Wales.
11. The Purchaser shall not alter the Digital Image in any way.
12. The Purchaser shall not allow others to use the Digital Image and shall not use the Digital Image in a way that allows others to download or redistribute the Digital Image except in accordance with this agreement.
13. The Purchaser will pay the price as clearly displayed on the Gallery and Purchase pages of www.sannyassa.co.uk. The price will reflect the resolution size chosen by the Purchaser on these pages. Although the Agreement automatically renews on an annual basis, no further payment is required dependent upon the Purchaser following the Terms and Conditions of this Agreement.
14. Permissions for use which exceeds these Terms and Conditions may be considered following consultation with the Seller on www.geoffreybillettsales.gmail. Further payment may be required in these circumstances.
15. The Seller warrants that the quality of the download is satisfactory, the Digital Image is reasonably fit for its permitted use and the Digital Image shall match any description provided by the Seller to the Purchaser. A breach of this clause will result in the Purchaser being entitled to the immediate replacement of the Digital Image, a full or partial refund of the purchase price, or a price reduction, as appropriate. It shall be the option of the Seller whether to replace the Digital Image, to refund an amount paid, or to reduce the purchase price.
Liability and Indemnity
16. The Seller will not be liable for any third party claims, losses, damages, liabilities, penalties, punitive damages, expenses, legal fees or costs of any kind or amount whatsoever resulting from the Purchaser’s use of the Digital Image.
17. The Purchaser agrees to defend, indemnify and hold harmless the Seller and its officers, employees, agents and suppliers against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever resulting from or arising out of the unauthorised use of the Digital Image by the Purchaser, or its officers, employees, agents or suppliers, or the Purchaser’s breach of this Agreement.
Expiry or Termination
18. This Agreement will continue indefinitely according to the renewal terms set out in this Agreement unless one of the Parties decided not to renew the Agreement or it is otherwise terminated for any of the reasons set out below.
19. If one of the Parties decides not to renew the Agreement, the Party is to provide written notice not to renew the Agreement at least 14 days before the renewal date.
20. This Agreement shall terminate immediately upon the failure of the Purchaser to comply with the Terms and Conditions herein.
21. The Seller reserves the right to cancel this Agreement immediately :
a. If the Purchaser fails to make a payment when due; or
b. In the event of the Purchaser’s insolvency or bankruptcy.
22. The Seller reserves the right to discontinue the Licence and terminate the Agreement immediately, as well as to commence legal proceedings, if any copyright infringement has taken place due to the Purchaser’s unauthorised use of the Digital Image.
23. Upon expiry or termination of this Agreement, the Purchaser shall discontinue the use of the Digital Image, and shall destroy all copies and archives of the Digital Image.
Intellectual Property Rights
24. The Seller retains all property rights in the Digital Image, including the sole copyright to the Digital Image. Nothing in this Agreement shall operate to transfer, assign or otherwise grant any party any right or interest in the Seller’s intellectual property rights or affect ownership by the Seller of intellectual property rights with regard to the Digital Image.
25. Any use, under any conditions not specifically allowed for in this Agreement, may constitute violation of the copyright laws of England and Wales or international copyright agreements.
26. The Purchaser shall not falsely represent that they are the original creator of the Digital Image.
27. In order to purchase a Licence for the Digital Image, the Purchaser must be in compliance with applicable export laws.
28. The Purchaser shall not ship, transfer or export the Digital Image to any country in a manner prohibited by the laws of England and Wales or use it in any manner prohibited by the laws of England and Wales.
29. If there is a conflict between any provision of this Agreement and the applicable legislation of England and Wales ( the ‘Act’ ), the Act will prevail and such provision of the Agreement will be amended or deleted as necessary in order to comply with the Agreement will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Agreement.
30. If any terms or provisions of this agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement will not be affected and each unaffected term and provision will remain in full force and effect.
31. This Agreement will be governed by and construed in accordance with the laws of England and Wales, without regard to the jurisdiction in which any action maybe instituted. The Purchaser agrees to submit to the jurisdiction of the courts of England to bring any action or for the enforcement of this Agreement. Notwithstanding, the Seller reserves the right to commence legal action to obtain injunctive relief in any court of competent jurisdiction.
32. The Purchaser may not assign or transfer the Agreement or any rights granted within without the prior written consent of the Seller, and any attempted assignment or delegation without such consent will be void.
33. The Agreement will inure to the benefit and be binding upon the Seller and the Purchaser and their respective successors and assigns.
Agreement of Parties
34. This Agreement constitutes the entire agreement between the Seller and the Purchaser with respect to the subject matter hereof and there are no further items or provisions, either oral or otherwise.
35. The provisions contained in this Agreement cannot be changed except by the signed and delivered written consent of both parties.
36. Headings are inserted for convenience only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
37. This Agreement may be executed in counterparts. Facsimile signatures, when used, are binding and are considered to be original signatures.
38. All monetary amounts in this Agreement refer to the pound sterling ( GBP ) and all payments required to be paid under this Agreement will be paid in GBP unless the Parties agree otherwise in writing.