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1 Introduction
We welcome you to our website (“Site”). The following terms and conditions of use (“Terms”) constitute a legal agreement between you and JENS LTD (“Popstar Pictures”). Your use of this Site constitutes your acceptance of the Terms. If you do not accept and agree to the Terms you may not use this Site or download or use any images.
2 Popstar Pictures Account
2.1 Popstar Pictures only grants access to its Contents to publications including but not limited to recognised magazines, newspapers, websites, advertising companies and their authorised representatives and such other persons as Popstar Pictures shall, at its sole discretion, authorise.
2.2 To access the Site it is necessary to register. The registration takes a few minutes and you will be activated as soon as we have confirmed that the details you have given us are correct. Popstar Pictures reserves sole discretion over whether to grant you an account (“Popstar Pictures Account”), and you agree to access the authorised sections of the Site and your Popstar Pictures Account only by using the Username and Password chosen by you and approved by Popstar Pictures. All of the images available from the Contents are shown in low-resolution format with a watermark until a licence fee has been agreed with Popstar Pictures.
3 Ownership of the Site and Copyright
3.1 This Site and all the text, graphics, photographs, images, moving images, illustrations and software (“Images”) made available on the Site are owned by Popstar Pictures or its licensors. Popstar Pictures reserves the right to change the Terms from time to time at its sole discretion, and your use of the Site will be subject to the most current version of the Terms posted on the Site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement and do not use this site or download or use any Images.
3.2 All elements of the Site including but not limited to the general design and Content on this website are protected by the law of copyright in the UK and in other jurisdictions. Except as expressly permitted under the Terms, no portion or element of the Site or its Contents may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Popstar Pictures or its licensors. You hereby indemnify Popstar Pictures and its licensors against any costs, claims liabilities and expenses incurred by any or both of them as a result of your breach of the Terms or your unauthorised use of the Site or Contents.
3.3 All Images copyright 2005 Jens Wikholm. All rights reserved. Terms and Conditions of Use.
4 Permitted Use of this Site
As a registered Popstar Pictures user the Site allows you to search for, view, and use low resolution watermarked photos. Popstar Pictures reserves the right to revoke your authorization to view, download and use the Contents and other information available at any time.
5 Buying Policy
5.1 In agreeing to licence the right to use an Image from Popstar Pictures and in consideration for Popstar Pictures licensing such Image to you in high-resolution non-watermarked form, you hereby agree that you shall pay the full price, including any relevant additional costs referred to in paragraph 5.2 below, of such Image to Popstar Pictures within 30 days of such Image being made available to you. The licence fee of an Image is the fee in force at the date and time of your order. Popstar Pictures may change the licence fee of an Image before you place an order. Popstar Pictures will inform you if an Image’s correct licence fee is higher than that stated in your order and you may cancel the order. We do not add any search or administration fees to the invoice for the purchase of an Image.
5.2 Once an invoice has been approved the high-resolution non-watermarked Image is available from the downloads page on the Site and the following provisions apply to all licences of Images:
5.2.1 Popstar Pictures reserves the right to charge the full amount for the sale of an Image even if the use of the Image has been less than agreed;
5.2.2 The licence fee that you are charged will cover a specific use of the Image. The licence to use that Image is granted upon payment of a fee. Any usage of the Image above what has been agreed will be charged at the Popstar Pictures standard rates and added to the invoice;
5.2.3 Unless otherwise agreed with Popstar Pictures, all Images used by purchasers must be credited to www.popstarpictures.co.uk and failure to do so may result in a penalty charge;
5.2.4 Where clothes or props have been used as part of an Image, unless otherwise agreed in writing, the relevant credit for such clothing and/or props shall be published in any publication or usage of the Image. In the event that such credit is not published, Popstar Pictures reserves the right to invoice the purchaser for any costs incurred by it from the non-publication of the clothes/prop credit.
5.2.5 Notwithstanding paragraph 5.1 of these Terms, Popstar Pictures reserves the right to charge the licensor of an Image 10% of the sale price of the relevant Image in respect of cancellation fees (including administration and staff costs and loss of sales) ; and
5.2.6 Late cancellations of an Image that has been licensed exclusively to a licensor will result in the full cost being charged for that Image.
6 Disclaimer
6.1 This Site and the Contents are provided “as is” and Popstar Pictures and its directors, employees and agents exclude so far as is legally possible, all warranties, express or implied, including any implied warranties as to merchantability, quality or fitness for purpose. Popstar Pictures shall use reasonable efforts to ensure the accuracy, correctness and reliability of the Contents but it makes no representations or warranties as to the accuracy, correctness or reliability of the Contents. Please note that the Site may contain typographical errors and other inaccuracies.
6.2 Popstar Pictures has used its best endeavours to ensure that the Site complies with UK laws. Popstar Pictures makes no representations that the materials on the Site are appropriate or available for use in locations outside the UK. Those who visit the Site from other locations do so on their own initiative. If the viewing of the Site or the Images is contrary to or infringes any applicable law in your jurisdiction, you are not authorised to view or use the Site and you must exit immediately.
7 Waiver
Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right.
8 Governing Law
The Terms and the Contents shall be governed by and construed in accordance with English law and you accept the non-exclusive jurisdiction of the English Courts to settle any disputes arising in connection with the Terms and the Contents.
9 Contact Details
If you have questions on the Terms or with any of the Contents please contact Popstar Pictures at:
sales@popstarpictures.co.uk
Main +44 (0) 2078331166
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