Terms and conditions

Please read these terms carefully before using this website. Using this website indicates that you accept these terms. If you do not accept these terms and conditions, do not use this website. By clicking on the button that stipulates agreement to the following terms and by using this website, you agree to be bound by the terms and conditions of this agreement.

Definitions

"We", "us" and "our" mean Papilio, it's licensors and it's content providers.
"You" means the person viewing this website and any of it's images or content, or the person or entity named as the client.
"Image" means any photograph, picture, illustration, graphic file, presentation file or text file in the, or supplied from Papilio's library.
"Content" means the text, design, description, images and all material included in the website.

These terms form a legal agreement between you and Papilio.

Ownership

This website is owned by Papilio. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, is owned by Papilio and its content providers.

Protection of Intellectual Property

All elements of our website, including, but not limited to, the general design and the content, are protected by trademarking, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Papilio, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of Papilio unless otherwise expressly agreed.

Indemnification in respect of breach

You agree to indemnify us, our licensors and content providers against any losses, costs, damages or expenses however incurred, jointly or individually, as a consequence of your breach of these terms and conditions. This includes unauthorised use of any images or other content.

Use of this website

This website is for the sole use of those previewing the material for proposed purchase of images or other content. We reserve the right to suspend access to any part of our website at our sole discretion.

Use of images

Images, other than watermarked images, may only be used commercially once you have entered into a license agreement and paid the appropiate fee. Only JPG files can be downloaded instantly once payment has been made. TIFF files can be supplied by FTP, CD or DVD on your request.

Any reproduction or use of the images or other content in breach of the licence or terms and conditions, or outside the scope of the licence, shall be an infringement of copyright and other rights, and you will be liable to Papilio, it's content providers and licensors for all losses, damages, costs and expenses incurred as a result.

It is your obligation to ensure that all necessary consents, permissions and rights have been obtained for an image to be reproduced for your purposes. This may include model and property releases.

You must ensure that the use of any image is not indecent, obscene, libellous or unlawful. Further, use of images for the promotion of alcohol, tobacco, gambling and guns and for political and/or religious fanatism is prohibited.

We make no representations or warranties for any releases or with regard to the use of content, logos, trademarks, copyright material, uniforms, names, people, text, designs, or works of art shown in an image and you will indemnify us and hold us harmless in respect of any claims, damages, costs, expenses or proceedings we incur as a result of the use of any supplied image.

Licenses are non transferable. Any reproduction rights granted by any license are personal to you or your direct employer or client, and they may not be re-licensed or assigned to any third party. You must not loan, give, sell, hire, sub-license or otherwise transfer any image or part of an image to anyone. You must take reasonable steps to prevent third parties from reproducing or distributing images, including attaching a copyright symbol and credit. The copyright of images may be protected with visible and invisible watermarks. Visible watermarks are removed on purchase. Invisible watermarks and digitally attached data will remain and can be used to identify images and ownership.

With the exception of standard pre-production alterations such as minor cropping and sharpening, images may not be manipulated or altered without obtaining written consent in advance.

All licences are based on non-exclusive rights, unless otherwise agreed and negotiated with us.

Pricing

We encourage the use of simple pricing mechanisms for our rights-managed licenses. Therefore, we have adopted the latest industry standard of PLUS (Picture Licensing Universal System) and incorporated their packs in our pricing book. This allows a license code to be embedded into an image's XMP data when it's sold. This means that the rights stay with the image and the code is held by a central authority. More information and to download a decoder for free, visit www.useplus.org.

Termination

Immediate termination of any licence will occur if you die, enter into liquidation, have a receiver appointed, or are in breach of these terms and conditions and do not comply within 30 days of us giving you notice to comply. It is also our policy to terminate accounts for any user infringing our copyright and intellectual property rights. You must stop using and delete or destroy all of our images and any copies.

Copy of publication(s)

You must provide us at least one complimentary copy of any publication in which the image is reproduced, within 30 days of publication.

Credits

In all publications you must credit the creator and Papilio in a suitable position. For example, J. Smith/Papilio. Credits are specified in the metadata attached to each image. If you do not have the software to read metadata, you may use the credit: Papilio. Failure to credit will result in an additional 50% of the licence fee being payable.

Registration

By opening an account and using our website you have agreed that you are aged 18 or over, and if acting on behalf of a company or other entity, have the authority to do so.

The data you provide to create and operate your account must be accurate and you agree to update it as necessary. You also accept responsibility for your account and agree to keep your password and identity secure, and immediately notify us of any unauthorised activity on your account or other breach of security.

We may notify you about promotions, new products and services or other information that may be of interest to you via our regular newsletters by email. Please inform us if you do not wish to receive these emails.

Payment

Online payments are processed via Paypal. Should you have any technical problems, contact us at library@papiliophotos.com . In the case you would like to purchase images in bulk, please contact us and we will send you a quote.

Licence cancellation policy

Purchased images from our library are available to registered users for re-downloading, without the need to re-purchase. In the unlikely event of technical problems please contact us at library@papiliophotos.com.

In the event of any other quality issues please notify us within seven days of receipt. Replacements or refunds will be decided on an individual basis. In the event of any defects to images, discs or other products, we will replace or refund it.

Providing that the image has not been used, licences may be cancelled within 20 working days (Monday until Friday) of the payment date. If a licence is cancelled within 5 working days there will be no charge and the total amount will be refunded. Thereafter a cancellation fee of 50% will be charged and 50% of the total amount will be refunded. No cancellations will be accepted after 20 working days. In the event of cancellation all rights to reproduce, publish or use the image in any way will be revoked.

Disclaimers

This website and all it contains is provided ‘as is' and we make no representations or warranties as to it's merchantability, quality, fitness for purpose, or ability to operate without interruption or error. You are responsible for any servicing or repair connected to your use of this website.

Neither Papilio, it's content providers or licensors, will be liable for damages of any kind arising out of your use or inability to use this website or it's content.

Any other websites, individuals, companies or organisations mentioned on or linked to this website are not controlled by us. We are not responsible for their performance or any content, or any loss suffered by you in relation to your use of such websites, individuals, companies or organisations. You waive any and all claims against Papilio regarding links to external websites or use of those websites.

We make reasonable efforts to ensure the information provided is correct, but make no representations or warranties about it's accuracy, reliability or completeness.

The metadata associated with an image, including the key words, are designed primarily for search purposes. Professional users are obliged to use their own judgement in selecting, presenting and describing images.

Governing Law and Jurisdiction

These Terms and Conditions shall be governed by the laws of England and Wales and the parties agree to submit the jurisdiction of the English courts, such jurisdiction to be exclusive, save for infringement of copyright or non payment of our invoices where it will be non-exclusive.

We reserve the right to change these terms and conditions, prices and other information and available contractual license terms featured on this website without prior notice. These conditions set out the entire agreement between Papilio and you relating to your use of this website.

The unlawful publication of our images without consent or the appropriate licence constitutes a breach of the Copyright Designs & Patents Act 1988 and in law may be interpreted as both a civil and criminal offence. In such circumstances, we exert the right to impose severe penalties with redress to the legal system.

No action of Papilio, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. Should any clause of these terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.