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Terms & Conditions

Terms & Conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Monkey Business Images relationship with you in relation to this website.

The term ‘Monkey Business Images’ refers to the owner of the website.

The site, its content and design are protected by copyright and the images are protected by the copyright laws of United Kingdom for the protection of the suppliers of our images.

Use of Content within the website

The images, illustration and other available content on the website can be reviewed for its potential use by clients. Images may be viewed without a watermark once the client has registered on the website. Images can only be used under the terms of our end user licence agreement and when the appropriate usage licence has been purchased.

Limited warranties

To the maximum extent permitted by law, under no circumstances shall the Company be liable for any consequential loss whatsoever (including damages for loss of business profits, business interruption or other indirect pecuniary loss of any kind.

The company’s liability to users of the website in relation to the use of our website or under or in connection with these terms and conditions, whether in contract, tort (including negligence) or otherwise, will be limited as follows:

[(a) The company will not be liable for any loss or damage of any nature caused by information and services on the website

(b) The company will not be liable for any consequential damage, indirect or special loss

LIABILITY

MONKEY BUSINESS IMAGES WILL ENDEAVOUR TO ENSURE THE SITE IS MAINTAINED AND THAT ALL INFORMATION IS UP TO DATE BUT EXCLUDES WHERE POSSIBLE UNDER THE APPLICABLE LAW OF THE COUNTRY ANY WARRANTY INCLUDING, WITHOUT LIMITATION, SATISFACTORY QUALITY OR RELEVANCE FOR A PARTICULAR USE.

Except where stated in this Agreement or in other locations on the Site, or as required by applicable law for the country, neither the company or its directors, employees, licensors, content providers, affiliates or other representatives will be held liable for any kind of damages that include, without limitation, lost profits, direct, indirect, compensatory, consequential, which may arise as a result of you using the site or the performance of the Site which may prevent you from using it.

In countries where the laws do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages some or all of the above limitations may not apply or they are not allowed or replaced by the applicable legal provision.

Links
Monkey Business Images cannot be responsible for the content contained in any websites that are linked from the Monkey Business Images website. Links to other sites do not constitute an endorsement of the site.

Privacy Policies
We ask you to provide certain information about when registering or licensing reproduction rights to our images. We guarantee that this information will only be used for the purposes of granting licenses. We may send you by email or other methods information about our company which may be of interest to you. You will be given the option to opt out of these communications if you wish.

Termination
Monkey Business Images reserves the right to terminate any license without notice if either you or your employer defaults on any of the terms and conditions or end user licence agreements on the Monkey Business Images website. Upon termination, you and your employer must immediately stop using the Content, delete the Content and all copies from all magnetic media and destroy all other copies. Monkey Business Images reserves the right to delete any Content for any reason and replace it with another image. In this event you agree not to use the Content in the future.

Return Policy
No sales can be returned more than seven days after the purchase date.

Applicable law

Use of this site and the Terms and Conditions are governed by, and interpreted in accordance with, English Law. You accept irrevocably the non-exclusive jurisdiction of the English courts. If any part of this agreement is unenforceable, that shall not affect the terms set out in the agreement which shall remain valid and enforceable according to its terms.

Assignment and Waiver

This agreement is not assignable or transferable. Other than express written waiver, no action by the company may be construed as a waiver of any provision of the Agreement.

Entire Agreement
This Agreement and the Invoice contains all the terms of the agreement between both parties. No other terms or conditions may be added or removed except if agreed in writing and signed by both parties. This agreement shall have precedence should the terms of the clients purchase order differ in any way.

Monkey Business Images will not distribute or reveal clients personal information.

You are entitled to opt out of allowing the use of your personal information for the marketing of Monkey Business Images products and services

Website registration information includes personal identification and email information which can be used for purchasing, searching, account data and marketing of our own products and services. This information is private to you and Monkey Business Images.

Cookies can be refused by activating the setting on your browser allowing you to refuse cookies. By selecting this may mean that you will be unable to access some areas of the website.

End User Licenece Agreement

THIS LICENCE (“LICENCE”) IS A LEGAL AGREEMENT BETWEEN YOU AND MONKEY BUSINESS IMAGES LIMITED, TRADING AS MONKEY BUSINESS IMAGES. THIS LICENCE APPLIES TO IMAGES DOWNLOADED VIA THE WEBSITE www.Monkey Business Images.com (“WEBSITE").

1. Grant of Licence

1.1. Monkey Business Images Limited trading as Monkey Business Images (“Company”) grants you the non-exclusive, non-transferable worldwide licence to use and reproduce image downloads (“Images”) subject to the restrictions contained herein. The term “Images” shall refer to all of the images that you shall have downloaded from the website.

1.2. Subject always to clause 1.3 you may use the images for the following:

1.2.1. Advertising and promotion including printed materials, brochures, packaging, catalogues, commercials, presentations, film and video and other promotional pieces such as postcards and greetings cards which are not for resale.

1.2.2. Non promotional activities including books, magazines, newspapers, newsletters, television, video and live public performances.

1.2.3. Electronic media including on-line or digital usage which includes web pages to a maximum of 800x 600 pixels.

1.2.4. Personal Use which includes prints and posters but none of which can be used for resale or any form of distribution.

1.2.5. if you have purchased a basic licence you may reproduce the Images in any and all forms of printed material produced by you or on your behalf including advertising and promotional material, and in any and all form of visual media to include use in audio visual recordings and/or online;

1.2.6. A basic licence allows use of the images in projects with a maximum print run or circulation of 500,000 copies. This does not apply to electronic usages. If the print run or circulation exceeds 500,000 an extended licence must be purchased.

[to enable your use of the Images purchased, you may store the Images in a digital library, network or similar arrangement for viewing. If you wish to make any other use of the Images, please contact us.]

1.3. You may not:

1.3.1. in any way modify any Image save for resizing and retouching for use within its intended project;

1.3.2. save as permitted in clause 1.2 permit the use of any Image or Images by any third party;

1.3.3. post any Image or Images on any electronic bulletin board or as part of a design template intended for resale.

1.3.4. make any Image or Images available for download to any third party or use any Image or Images in a website at a resolution higher than 72dpi;

1.3.5. use or permit the use of any Image or Images to create pornographic, libellous, obscene, defamatory or otherwise harmful material;

1.3.6. sub-licence, sell, assign, convey or transfer this Licence or any of the rights granted to you hereunder or any rights in any of the Images;

1.3.7. incorporate any Image into a logo, trademark, service mark or business branding;

1.3.8. sell, licence or distribute any product or material containing any Image in a way that allows any third party to extract and/or use the Image embodied in that product or material separately from the product or material; or

1.3.9. reproduce any Image in any product or materials intended to be sold or otherwise distributed or made available as merchandise.

1.3.10. reproduce the images for redistribution or resale in products such as, but not limited to, electronic greeting card websites and web templates.

1.3.11. include the images in any printed project with a print run or circulation of over 500,000 images. In this event you must purchase an extended licence.

1.4. You must include the following credit wherever or whenever any Image is reproduced in any editorial material:

“© Monkey Business Images/Photographers Name.”

2. Copyright

2.1. All Images are owned by the Company or its licensors and are protected by the copyright laws of England and Wales, international treaty provisions and other applicable laws. No title to or intellectual property rights to any Image is transferred to you.

2.2. The Company retains all rights not expressly granted in this Agreement.

3. Termination

3.1. Should you breach any terms of this Licence, the Licence will automatically terminate and on termination you must cease to use any and all Images and delete and remove the Images from your computer system.

4. Liability

4.1. You hereby agree that without limiting any other provision of this Licence:

4.1.1. to the maximum extent permitted by law, under no circumstances shall the Company be liable for any consequential loss whatsoever (including damages for loss of business profits, business interruption or other indirect pecuniary loss of any kind);

4.1.2. the Company’s entire liability for any direct loss suffered by you, as a result of the Company’s breach of this Licence and for which the Company shall notwithstanding any other provision of this Licence be liable, shall be limited to the amount actually paid by you for the Images.

4.2. In the event that any third party shall allege any infringement of any intellectual property rights you shall make no comment and immediately refer the matter to the Company.

4.3. You acknowledge that the purchase of the Images involves reliance upon third party distributors and accordingly (notwithstanding and without limiting clause 4.1), the Company shall not be responsible for and shall have no liability to you or any third party for any corruption or other malfunction caused by the download of the Images and in the event that any Image is itself corrupted or inaccessible, please contact the website for a replacement.

5. Indemnification
As the client, you will indemnify Monkey Business Images trading as Monkey Business Images its Content Providers, directors, employees, partners, agents and shareholders free against and from any damages, costs, losses, liability and any claims caused by a breach by yourself or any other party acting under your instruction under the terms of this agreement.

6. General

6.1. This Licence will be governed by the laws in force in England and Wales.

6.2. If any provision of this Licence (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part thereof shall, to the extent required, be deemed not to form part of this Licence, and the validity and enforceability of the other provisions of this Licence shall not be affected.

6.3. Agreement to this licence confirms that you have understood the specific terms of using images from the Monkey Business Images website and also the terms of registration to the website.

6.4. This agreement may not be assigned to any other parties without the express permission of the company.

6.5. You will be responsible for all sales taxes and duties incurred by the purchase of the images.

7. Acknowledgement
You agree to the terms and conditions of this agreement as a purchaser of images from the Monkey Business Images website.

EXTENDED LICENCE AGREEMENT

1. Grant of Licence

1.2. Subject always to clause 1.3 you may use the images for the following:

1.2.2. Non promotional activities including books, magazines, newspapers, newletters, television, video and live public performances.

1.2.3. Electronic media including on-line or digital usage which includes web pages to a maximum of 800x 600 pixels.

1.2.4. Personal Use which includes prints and posters but none of which can be used for resale or any form of distribution.

1.2.6. An extended licence allows use of the images in projects with a maximum print run or circulation of over 500,000 copies. This does not apply to electronic usages.