SHOOT BANK (SHOOTEXPERIENCE LTD) TERMS AND CONDITIONS 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY IN THE USE AND ACCESS OF SHOOT BANK AND BEFORE DOWNLOADING ANY PHOTOS AND/OR TEXT CONTENT.

THESE TERMS AND CONDITIONS CONTAIN THE TERMS OF USE FOR USING AND ACCESSING SHOOT BANK AND THE LICENSING AGREEMENT  FOR ANY PHOTO(S) AND/ OR TEXT CONTENT DOWNLOADED, RECEIVED BY EMAIL OR OBTAINED IN ANY OTHER WAY FROM SHOOT BANK FOR WHICH YOU ARE BOUND.

Shoot Bank and its Sites are owned and operated by ShootExperience Ltd. Access and use of Shoot Bank and its Sites are provided to You on condition that You accept these Terms and Conditions. By accessing and/ or using Shoot Bank and its Sites and by downloading or obtaining Photo(s) and/ or Text Content from Shoot Bank and its Sites, you agree to these Terms and Conditions. If you do not agree to accept and abide by these Terms and Conditions you should not access and/ or use Shoot Bank and its Sites, nor download or obtain Photo(s) and/ or Text Content from Shoot Bank and its Sites.

1. DEFINITIONS

Shoot Bank: Shoot Bank, a photo library owned by ShootExperience Ltd. Shoot Bank exists as a website at http://www.shootbank.co.uk, http://www.shootbank.net, http://www.shootbank.eu.  ShootExperience Ltd owns all intellectual copyright (with the exception of Photos and Text licensed from its Photographers and content providers) of content displayed and stored at http://www.shootexperience.com, http://www.shootbank.co.uk, http://www.shootbank.net, http://www.shootbank.eu.

ShootExperience Ltd: Licensor on behalf of the Photographers of the images constituting Shoot Bank.

The Sites: http://www.shootexperience.com, http://www.shootbank.co.uk, http://www.shootbank.net, http://www.shootbank.eu.

 
Client, You and Your: the person, company, group, organization and its representatives using the site and content (including viewing, downloading and licensing the Photos) at Shoot Bank and shootexperience.com.

   http://www.shootexperience.com: the originator website of the Shoot Bank Photo content.

License: licenses provided by Shoot Bank. Shoot Bank offer two Royalty Free licenses of its Photo(s). These include licenses for commercial and non-commercial usage.

It is the Client's responsibility to understand and comply with all and every aspect of these licenses with relation to the reproduction of the Photo(s). Detailed description of relevant industry terms used in this agreement, Shoot Bank's licenses and the Shoot Bank website can be found at www.shootbank.net/help.

Non-transferable: you may not sell, lend, loan, rent, give, supply, sub license, make available for download, or in any way transfer the rights to Reproduce a Shoot Bank Photo to any third party including employees, partners, sister companies, parent companies and other related companies or organisations without the written permission of a ShootExperience Director. You will take all reasonable steps to prevent any third party from reproducing and/or distributing Shoot Bank Photos.

Photo(s): a photograph, image, picture including meta data (caption, keyword, title, description, inherent photo information (date, format, dimensions etc) in any digital or analogue form including but not limited to printed Photos and those stored on tape, CD, DVD, hard drive, disk, file or database that is provided by us to you for your usage.

Photographer: the person, artist or team (group) of people responsible for the Photo(s) on http://www.shootexperience.com and Shoot Bank.

Model Release: an agreement signed by the model depicted in the photo and the Photographer whereby the model gives the Photographer permission to use the Photo for commercial purposes.

Property Release: an agreement signed by a representative of a building (including intellectual property – brands, products etc) depicted in the photo and the Photographer whereby the representative of the property gives the Photographer permission to use the Photo for commercial purposes.

Reproduce, Reproduction: any form of copying, downloading, storing, displaying, transmitting, projecting, manipulation or publication and in any format or type of media (web, print, intranet) including digital, electronic or analogue of any Photo made available to you by Shoot Bank.

The Terms and Conditions: collectively the Terms of Use and  Licensing Agreement to which the Client is bound in the use and access of Shoot Bank and the downloading of Photo(s) and/ or Text Content from Shoot Bank.

Text Content: any data, database, database contents, words, information including, but not limited to, titles; descriptions; keywords; caption; inherent photo data (date, format, dimensions etc); and/ or any other words in any format offered to you from Shoot Bank for all purposes in our dealings with You.

We, Us, Our, Licensor: ShootExperience Ltd and Shoot Bank including their directors, officers, employees, shareholders, partners, agents and representatives.

LICENSING AGREEMENT

This agreement governs the terms by which clients of Shoot Bank obtain the right to use Photo(s) and/ or Text Content downloaded from the website located at “the Sites”. This license agreement is in addition to the Terms of Use applicable to the Sites that all persons accessing and using the Site are bound by.

2. STANDARD TERMS

ShootExperience Ltd. (owner of Shoot Bank) act as a Licensor on behalf of the copyright owners (Photographers). As per this Licensing Agreement, Shoot Bank hereby grant to you a perpetual, personal, non-exclusive, non-transferable worldwide right and license to use and reproduce the Photo(s) and/ or Text Content for the Permitted Uses (as defined below). You are prohibited from doing anything with the Photo(s) and/ or Text Content which is not expressly permitted in the Permitted Uses section.

3. PERMITTED USES
   
   
1. COMMERCIAL USAGE

Commercial usage applies when the Model and/or Property Releases exist or are not necessary. With Commercial photos there are no restrictions to the size of the manufacturing or duplication run. You may:

1. Use the Photo(s) and/ or Text Content in media and formats, numerous times and ways subject to the Prohibited Uses detailed below.
2. Use the Photo(s) and/ or Text Content:
1. In broadcasting, theatre, multimedia work, including film and video for television, internet and theatrical display;
2. In solicited e-marketing campaigns (print, online and in email);
3. In the packaging of a product;
4. In CD, DVD, video and/or book cover art artwork;
5. As part of editorial or advertising content in online and print (offline) magazines, newspapers, books, eBooks, directories, calendars and/ or publications;
6. On company stationery including complimentary slips, letterhead and business cards, pamphlets, posters, flyers, brochures, catalogues and exhibition displays;
7. Incorporated into design and software templates, provided that the Photo cannot be extracted from the template, as specified in the Prohibited Uses below;
8. As posters, prints and other reproductions for decoration in a studio, home, office, restaurant, public area, shop or premises owned or rented by you or by a client to whom you provide services;
9. In merchandise for resale or distribution including, without limitation, electrical products and goods, artwork, posters, postcards, maps, clothing provided that such merchandise: a) combines words and a Photo or Photos; and/ or b) the Photo is not the primary factor driving the sale of such merchandise. Please see Prohibited Uses below.


2. NON COMMERCIAL USAGE

Non Commercial usage applies when Model and/ or Property Releases DO NOT exist when necessary or when the intended usage is either editorial or personal. You may:

1. Use the Photo(s) and/ or Text Content in an editorial manner, relating to events that are newsworthy and/ or of public interest where:
1. the Photo(s) and/ or Text Content are used for personal usage, at home or on one's own multimedia device (such as TV, computer etc)
2. the Photo(s) and/ or Text Content are used for online, offline and print editorial purposes (i) in magazines; (ii) newspapers; (iii) websites; (iv) journals; (v) periodicals; (vi) newsletters; (vii) blogs etc as news and/ or public interest broadcasting.
3. the Photo(s) and/ or Text Content are used for Public Sector usage (such as, but not limited to charities, NGOs etc) on websites and for purposes where the print run does not exceed 2000.

4. PROHIBITED USES

1. COMMERCIAL USAGE

Commercial usage applies when the Model and/or Property Releases exist or are not necessary.  
You may not:

1. Use a Photo and/ or Text Content in any other way, including but not limited to posting, copying, printing, displaying, broadcasting, publishing, submitting, projecting, distributing or transmitting, than specified in the Permitted Uses section above.
2. Sub-license, re-sell, rent, modify, lend, assign, redistribute, transfer, distribute, share, gift, or make available the Photo(s) and/ or Text Content or the rights granted in this License Agreement except as specifically provided in these Terms and Conditions.
3. Display any Photo on a website or extractable device, such as, but not limited to, intranets, web tools, mobile phones etc, whereby the Photo has dimensions more than 800 x 600 pixels.
4. Remove any notice of copyright, trade-mark or other proprietary right from any place where it is on or embedded in the Photo and/ or Text Content;
5. Use a Photo in such a manner that it infringes upon any third party's trademark or intellectual property rights.
6. Use any of the Photo(s) and/ or Text Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo or claim any proprietary rights of any sort in the Photo(s) and/or Text Content or any part thereof.
7. Incorporate the Photo(s) and/ or Text Content in any product, other than expressly allowed in the permitted uses above, where a person can extract and/ or access and/ or reproduce the Photo(s) and/or Text Content as an electronic file;
8. Use any Photo(s) that portrays a model, person, building or property in a manner that Shoot Bank (acting reasonably) would deem as negative and/ or offensive
1. that depicts such person in a potentially sensitive subject matter including, but is not limited to, usages as advertisements in the following industries: adult entertainment; tobacco; political endorsement; pharmaceutical and medical products; birth control; and abortion.
2. that would lead a reasonable person to think that such model, person, building or thing uses or personally endorses any business, product, service, cause, association or other endeavour; or

If a Photo featuring a model, person, building or property is used in a way that implies endorsement, use of, or a connection to a product or service, or a potentially unflattering or controversial subject, you must print a statement, which indicates that the person, model, building or property has been used for illustrative purposes only.

9. Use or permit the use of Our Photo(s) and/ or Text Content in a manner that is considered under applicable law or by Shoot Bank (acting reasonably) as obscene, immoral, indecent, pornographic, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Photo(s) and/or Text Content into disrepute or violate any person's right of privacy or publicity.
10. Use the Photo(s) and/or Text Content on websites or other channels designed to induce or involving the sale, license or other distribution of “print on demand” products, including postcards, mugs, t-shirts, posters and other items similarly mass produced containing the Photo and/ or Text Content in a dominant way.
11. Profit from the use of Photo(s) or Text Content as the primary factor driving the sale of any merchandise.
12. Use Photo(s) or Text Content that compete with, or attempt to compete with, Shoot Bank and/ or Shootexperience Ltd in any way.


2. NON COMMERCIAL USAGE

Non Commercial usage applies when Model and/ or Property Releases do not exist when necessary or when the intended usage is either editorial or personal. You may not:

1. Use the Photo(s) and/ or Text Content for any commercial, promotional, advertising or merchandising use.
2. Use the Photo(s) and/ or Text Content on any item and/ or product and/ or merchandise for re-sale.
3. Use the Photo(s) and/or Text Content on websites or other channels designed to induce or involving the sale, license or other distribution of “print on demand” products, including postcards, mugs, t-shirts, posters and other items similarly mass produced containing the Photo and/ or Text Content in a dominant way.
4. Profit from the use of Photo(s) or Text Content as the primary factor driving the sale of any product and/ or item and/ or merchandise.
5. Use the Photo(s) and/ or Text Content as part of billboard, trade show and/ or exhibit display.
6. Use or permit the use of Our Photo(s) and/ or Text Content in a manner that is considered under applicable law or by Shoot Bank (acting reasonably) as obscene, immoral, indecent, pornographic, infringing, defamatory or libellous in nature, or that would be reasonably likely to bring any person or property reflected in the Photo(s) and/or Text Content into disrepute or violate any person's right of privacy or publicity.
7. Use any Photo(s) that portrays a model, person, building or property in a manner that Shoot Bank (acting reasonably) would deem as negative and/ or offensive
1. that depicts such person in a potentially sensitive subject matter including, but is not limited to, usages as advertisements in the following industries: adult entertainment; abortion; tobacco; political endorsement; pharmaceutical and medical products; birth control; and abortion.
2. that would lead a reasonable person to think that such model, person, building or thing uses or personally endorses any business, product, service, cause, association or other endeavour; or

If a Photo featuring a model, person, building or property is used in a way that implies endorsement, use of, or a connection to a product or service, or a potentially unflattering or controversial subject, you must print a statement, which indicates that the person, model, building or property has been used for illustrative purposes only.

8. Use a Photo in such a manner that it infringes upon any third party's trademark or intellectual property rights.
9. Sub-license, re-sell, rent, modify, lend, assign, redistribute, transfer, distribute, share, gift, or make available the Photo(s) and/ or Text Content or the rights granted in this License Agreement except as specifically provided in these Terms and Conditions.
10. Display any Photo on a website or extractable device (such as, but not limited to, intranets, web tools, mobile phones etc) whereby the Photo has dimensions more than 800 x 600 pixels.
11. Use the Photo(s) and/ or Text Content in any other way, including but not limited to posting, copying, printing, displaying, broadcasting, publishing, submitting, projecting, distributing or transmitting, than as specified in the Permitted Uses section above.
12. Use Photo(s) or Text Content that compete with, or attempt to compete with, Shoot Bank in any way.

5. TERMINATION

1. This Licensing Agreement is effective until it is terminated. You can terminate this Licensing Agreement by destroying the Photo(s) and/ or Text Content including any copies or archives or accompanying materials (if applicable), and ceasing to use The Sites, the Photo(s) and/or Text Content for any purpose.
2. In the event of breach of copyright and/ or the Terms and Conditions by You, We reserve the right to terminate this Licensing Agreement without notice. In the event that We terminate this Licensing Agreement You must immediately (a) cease to use The Sites, our Photo(s) and/ or Text Content in whatsoever form; (b) destroy and/ or delete all copies and archives of our Photo(s) and/ or Text Content from all of Your electronic and/or magnetic media; (c) destroy and/ or delete all other copies of the Photo(s) and/or Text Content within Your possession and/ or control; (d) if requested by ShootExperience Ltd and/ or Shoot Bank return all such copies to Us and confirm to Us in writing that You have complied with these requirements above.

6. WARRANTIES

1. DOWNLOADING PHOTO(S)


1. The Photos available on Shoot Bank's Sites are uploaded to http://www.shootexperience.com by Photographers and/ or ShootExperience staff. Each photograph is NOT manually checked by a human being. The majority of Shoot Bank Photos are digitally photographed and neither edited nor optimised. All photos are Jpeg and RGB in format. Shoot Bank makes no warranties that the Photo(s) are free from defects.
2. It is Your responsibility to ensure that You examine the Photo(s) and/or Text Content You intend to use for possible defects before sending the Image for Reproduction. The entire risk as to the quality and usability of the Photo(s) and/or Text Content lies with You. Should the content prove defective, You (and not Shoot Bank) assume the entire risk and cost of all necessary corrections. Shoot Bank shall not be held liable for any loss or damage suffered by You or any third party arising from any alleged or actual defect in any Photo(s) and/ or Text Content in any way from its Reproduction.
3. Shoot Bank's entire liability and Your sole and exclusive remedy for a breach of the foregoing warranty is (1) the replacement of the Photo(s) or disc or (2) refund of the purchase price, at Our preference. For the Photo(s) and/ or Text Content We make no other warranty, express or implied, including but not limited to, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. We do not represent or warrant that the Photo(s) and or Text Content will meet Your requirements or that its use will be uninterrupted or error free.
4. Once payment has been received the Photo(s) are downloadable from Shoot Bank's Sites. On rare occasions We will email Photos to You. Once photos have been downloaded by You from the Shoot Bank website or from an email sent to You by Us, it is Your responsibility that (1) the files are in working order; (2) the required files are downloaded at the correct size and resolution. See shootbank.net/help for info on sizes and resolution.
5. Should there be any problems with the Photo(s) and/or Text Content, You may (1) download the photos again from Your control panel or (2) where initially received by email, request a repeat email with the Photo(s) and/or Text Content.
6. If You receive the Photo(s) and/ or Text Content in a damaged condition, or there is any discrepancy between the number of Photos received and the number registered on the invoice, You must inform ShootExperience Ltd. and/ or Shoot Bank immediately. Unless You do so within 3 days, it assumed the Photos have been lost or damaged while in your possession.
7. It is possible that photos become corrupt or the wrong sized files are supplied for example. In such situations, Shoot Bank will endeavour, within reasonable time and means, to provide working and correct Photo(s) and/ or Text Content to You.
8. In the instance that hard copy Photo(s) are purchased from Shoot Bank, responsibility for said Photo(s) collected by You or Your representative or transported by any means other than via Shoot Bank's Sites or by email are Your responsibility as soon as the Photos leave Shoot Bank and ShootExperience Ltd's offices and/ or control.
9. We, and/ or our licensors, shall not be liable to You or any other person or entity for any general, special, direct, indirect, consequential, incidental, or other damages arising out of this license or otherwise.


2. COPYRIGHT, PROPERTY AND RELEASES


1. ShootExperience Ltd. and/ or Shoot Bank provides no rights, warranties or guarantees with regards to the use of buildings, people, names, trademarks, logos, identities, registered or copyrighted designs or works of art depicted in any Shoot Bank Photo(s) and/ or Text Content.
2. The Photo(s) and/ or Text Content may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. ShootExperience Ltd and/ or Shoot Bank does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them.
3. In all cases ShootExperience Ltd and/ or Shoot Bank takes the word of the Photographer that releases for their photos are in existence and therefore, no valid Model or Property releases exist for any Photo on Shoot Bank's Sites or ShootExperience websites (www.shootexperience.com) unless the existence of such releases is specified in writing by Us.
4. It is Your sole responsibility to (1) make sure that You have all the necessary rights, consents, model releases and licenses for the use of the Photo(s) and/ or Text Content; and (2) satisfy Yourself that all necessary rights, model releases, permissions or consents which may be required for Reproduction are obtained.
5. You agree to indemnify and hold ShootExperience Ltd., Shoot Bank and the Photographers harmless against all claims arising out of the use of any Photo(s) where the existence of such Model and Property releases has not been specified in writing by Us. In the event that ShootExperience and/ or Shoot Bank erroneously stated to You in writing that a release or consent existed as to any Photos, the limit of Our liability to You, shall be the sum invoiced and paid for the use of the particular Photo(s) involved.

7. LIABILITY

1. Neither Shoot Bank, ShootExperience Ltd, nor any of its staff, directors, officers, employees, shareholders, partners, representatives, agents or Photographers shall be liable for any damages whatsoever, whether direct, indirect, punitive, exemplary, consequential, or incidental, (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss), arising out of, relating to, or in connection with the use of, or the inability to use, the Shoot Bank website or any Photo(s) and/ or Text Content. Except as specifically stated in these Terms and Conditions, or elsewhere on this website, or as otherwise required by applicable law, this includes but is not limited to Your use of, reliance upon, access to, or exploitation of the Photo(s) and/ or Text Content, or any part thereof, or any rights granted to You hereunder, even if We have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
2. In no event will ShootExperience Ltd. and/ or Shoot Bank be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with these Terms and Conditions.

8. INDEMNIFICATION

You agree to indemnify, defend and hold ShootExperience Ltd, Shoot Bank, their Photographers, content providers, staff, directors, officers, employees, shareholders, partners, agents and representatives harmless from and against any and all damages, claims, liability, losses, proceedings, costs and expenses (including reasonable legal fees) whether foreseeable or not, arising directly or indirectly

1. from any use of the Photo(s) and/ or Text Content other than the uses expressly permitted by this Licensing Agreement.
2. in the event that You or anyone acting on Your behalf breach any of the terms of this Licensing Agreement or any other agreement with Shoot Bank.
3. with respect to Photo(s) that have been reproduced without effective rights, model releases, permissions or consents.
4. in respect of the Reproduction of any Photo provided to You by Us that infringes the intellectual property rights of a third party. For the purposes of this clause, the term "Intellectual Property Rights" shall include: copyright, database right, patents, registered designs, trademarks and service marks (whether registered or not), design right, and all similar property rights including those subsisting in any part of the world in people, buildings, drawings, software inventions and confidential information.
5. from the use of any Photo(s) where the existence of such Model and Property releases has not been specified in writing by Us. In the event that Shoot Bank erroneously stated to You in writing that a release or consent existed as to any Photos, the limit of Our liability to You shall be the sum invoiced and paid for the use of the particular Photo(s) involved.

TERMS OF USE

9. GENERAL

1. ShootExperience Ltd. and/ or Shoot Bank may change these Terms and Conditions (Terms of Use and Licensing Agreement) at any time without notice by posting changes online under this section “Terms and Conditions”. Your continued usage of the site after any such changes signifies Your acceptance of the updated Terms and Conditions.

2. If You are entering into this agreement on behalf of Your employer, You warrant and represent that You have the full legal right and authority to do so. In the event that You do not have such authority, You agree that You will be personally liable to Shoot Bank for any breaches of the terms of this agreement. When entering into this agreement on behalf of Your employer or other entity, the Terms and Conditions and any licenses granted within this agreement apply to Your employer and to You as a representative of Your employer. Should You cease to work for that employer, the Terms and Conditions and any licenses granted within this agreement stay with the Employer.
3. You agree to indemnify and hold ShootExperience Ltd and/ or Shoot Bank harmless against all claims or liability asserted against Us arising out of or in connection with any breach by You or anyone acting on Your behalf of any of these Terms of Use.
4. You assume all responsibility and risk for use of the sites including without limitation, any of the Photo(s) and / or Text Content contained therein.
5. Neither Shoot Bank, ShootExperience Ltd, nor any of its staff, directors, officers, employees, shareholders, partners, representatives, agents or Photographers shall be liable for any damages whatsoever, whether direct, indirect, punitive, exemplary, consequential, or incidental, (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss), arising out of, relating to, or in connection with the use of, or the inability to use, the Shoot Bank website or any Photo(s) and/ or Text Content. Except as specifically stated in these Terms and Conditions, or elsewhere on this website, or as otherwise required by applicable law, this includes but is not limited to your use of, reliance upon, access to, or exploitation of the Photo(s) and/ or Text Content, or any part thereof, or any rights granted to You hereunder, even if We have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.
6. In no event will ShootExperience Ltd and/ or Shoot Bank be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with these Terms and Conditions.

10. VIEWABLE LOW RESOLUTION PHOTOS

Low resolution photos (as viewable on the front end of the Shoot Bank Sites and at http://www.shootexperience.com) of the Shoot Bank photo library can be viewed, downloaded, emailed, and copied for initial viewing only. This is intended for, and includes, mock up designs of commercial and non commercial projects where You genuinely intend to license the photo from us should the intended project go ahead. Your rights, license and usage of the Photos and/ or Text Content is set out in our Licensing Agreement. No rights or ownership are transferred to You in any way, shape or form when using Photo(s) and/ or Text Content on the Sites other than as set out in Our Licensing Agreement. You may not  post, copy, print, display, modify, broadcast, publish, submit, project, distribute or transmit Shoot Bank Photos and/ or Text Content in any way except as stated in these Terms and Conditions.

11. INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmissions, problems could produce inaccurate or incomplete copies of information contained on the Sites. Computer viruses or other destructive programs may also be inadvertently downloaded from the Sites.

ShootExperience Ltd and/ or Shoot Bank shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact Your use of Your computer equipment or other property on account of Your access to, use of, or browsing on the Sites or Your downloading of any Photo(s) and/ or Text Content from the Sites. We recommend that You install appropriate anti-virus or other protective software.

12. "AS IS"

Shoot Bank's Sites, Photo(s) and/ or Text Content are provided "as is". We exclude to the fullest extent, permitted by applicable law, any warranty, express or implied including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of, the Sites are not warranted to be uninterrupted or error-free. You, not ShootExperience Ltd and/ or Shoot Bank, assume the entire cost of all necessary servicing, repair or correction due to Your use of the Sites.

13. COPYRIGHT


1. In the event that You create a derivative work based on or incorporating the Photo(s) and/ or Text Content, all rights in and to such Photo(s) and/ or Text Content shall continue to be owned by ShootExperience Ltd, Shoot Bank and its Photographer(s), subject to Your rights to use such Photo(s) and/ or Text Content pursuant to the terms and limitations contained within these Terms and Conditions.
2. All rights in the Photo(s) not expressly granted herein are reserved by Shoot Bank for itself and its Photographers.
3. All rights, copyright, design rights, database right and other like rights in ShootExperience Ltd and Shoot Bank and its Sites and the Sites' content including Photos and Text Content, belong to and vest in ShootExperience Ltd and its Photographers, or are licensed to ShootExperience Ltd unless otherwise specified. All such rights of ShootExperience Ltd and Shoot Bank are hereby asserted and reserved. Shoot Bank Photos and Text Content are protected by copyright.
4. All Shoot Bank Photos copyrighted to ShootExperience Ltd. or represented by ShootExperience Ltd. on behalf of the copyright owner that are used without our permission or without any grant of license will be subject to a penalty fee of ten times that of the normal fee. ShootExperience Ltd. and/ or Shoot Bank reserve the right to take legal action for copyright infringement for additional damages. The borrowing, download, order, reception or purchase of Photo(s) from ShootExperience Ltd. and/ or Shoot Bank does not confer the right to use the Photo(s). This right is conferred only on full payment of Our invoice. No rights of reproduction are granted until payment is received by ShootExperience Ltd and/ or Shoot Bank.


14. CREDITS


1. By law You are required to credit Photographers (Copyright, Designs and Patents Act 1988) with a copyright/credit line situated on the final (online or offline) product produced by You where that product is a book, magazine, newspaper, journal, report etc. We ask that You please credit the photographer in the following way: © Photographer or group name, by license of shootbank.net. Where the product is merchandise, film, TV or online broadcast, film, video or multimedia You must still provide a copyright/credit line somewhere on the final (online or offline) product produced.
2. Credits should appear as clear and readable text either on the Photo itself, adjacent page credits, copyrights pages or sections. In all cases the credit and attribution shall be of such size, colour and prominence so as to be clearly and easily readable by the unaided eye.
3. Please provide Shoot Bank with written samples of the usage of its photos. For print please post half a dozen copies to: ShootExperience, First Floor, 32b Kingsland Road, London, E2 8DA. For online usage please email a link to hello@shootbank.net


15. LINKED WEB SITES

The Sites may provide links to third party Websites. Shoot Bank does not monitor, endorse or accept any responsibility for these Websites and shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through these third party Websites and / or linked resources.

16. CAPTIONS

The Captions placed with the Photo(s) are provided by the Photographer(s). The facts and opinions contained within these Captions are the responsibility of their authors. Shoot Bank does not monitor, endorse or accept any responsibility for the facts and/ or opinions contained within these Captions and shall not be bound by or liable for their contents.

17. LAW AND DISPUTES


1. ShootExperience Ltd and/ or Shoot Bank's failure to insist upon or enforce strict performance of any provision of this Terms and Conditions shall not be construed as a waiver of any provision or right.
2. These Terms and Conditions shall be interpreted, construed and governed by the laws of England, Wales and Northern Ireland without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. They are intended to provide a clear, concise and honest set of ground rules in relation to the licensing of Photo(s) and/ or Text Content from Shoot Bank.
3. Venue for all disputes arising under these Terms and Conditions shall lie exclusively in the English Courts and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, ShootExperience Ltd. and/ or Shoot Bank shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-UK court of competent jurisdiction to obtain injunctive and/ or other relief in the event that, in the opinion of ShootExperience Ltd. and/ or Shoot Bank, such action is necessary or desirable.
4. No action of ShootExperience Ltd. and/ or Shoot Bank, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions. Should any clause of these Terms and Conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect
5. These Terms and Conditions shall not limit any rights You might have as a consumer that may not be excluded under applicable law, nor shall it exclude or limit ShootExperience Ltd and/ or Shoot Bank's liability for death or personal injury resulting from its negligence, nor its liability for any fraudulent representation.


18. ETHICAL DEALINGS

ShootExperience Ltd is an ethical company and is committed to honest and fair dealings with its clients, customers, participants, suppliers and staff as set out by moral ethics, common business practice and UK Law.

19. MARKETING


1. As an integral part of Shoot Bank and the service it provides, once You have registered, from time to time You will receive communications from Shoot Bank (and its partners) in the form of a monthly newsletter about Shoot Bank news, developments, future offers, promotions, discounts, and related activities We think You may find useful. These communications will be sent by email and will come from Shoot Bank. By registering on Shoot Bank's Sites, You are agreeing to be added to Our mailing list and to receive such communications. In each such communication We shall give You the chance to opt out of receiving such communications in future.
2. Shoot Bank does not sell, trade or rent Your personal information to other companies; however, when We send You information or communications about other reputable companies' products/services that We think may be of interest to You, it is up to You if You then want to contact such companies directly; if You do, ShootExperience Ltd and/ or Shoot Bank has no responsibility for any arrangements made directly with such companies; the use of any personal data that You provide to such companies will be on their terms and conditions that ShootExperience Ltd and/ or Shootbank will hold no responsibility or liability for.


20. COMPLIANCE

Shoot Bank shall use reasonable endeavours to comply with any relevant industry standards and to obtain (as applicable) all necessary licenses, consent and approvals for the operation of the Shoot Bank business.

21. CONFIDENTIALITY AND PRIVACY


1. ShootExperience Ltd is registered with the Information Commissioner in accordance with the Data Protection Act 1998.
2. Any communication or material (including without limitation any data, questions, comments and suggestions) that You transmit to, upload or post on to or any public area of the Sites will be treated as non-confidential and non-proprietary information unless otherwise stated by ShootExperience Ltd and/ or Shoot Bank. We reserve the right to remove without notice any material posted in any public area of the site.
3. If You have any questions about privacy, or if You have already submitted information that You do not wish us to have or if you think that ShootExperience and/ or Shoot Bank has data about You that You do not want Us to use or that is incorrect please contact Us at hello@shootbank.net the information will be corrected as soon as possible or removed from the database at Your request.


22. ACKNOWLEDGMENT

You acknowledge that You have read these Terms and Conditions, understand them, and agree to be bound by them. You further agree that it is the complete and exclusive statement of the agreement between You and Shoot Bank, which supersedes any proposal or prior agreement, oral or written, and any other communication between You and Shoot Bank relating to the subject of these Terms and Conditions.