Terms and Conditions
By using the Birds Image Stock Picture Library, including its website www.birdsimagestock.com, you agree to be bound by the following terms and conditions. This agreement applies to you and, if you are using the Picture Library on your employer's behalf, to you and your employer. Birds Image Stock (BIRDS IMAGE STOCK) reserves the right to alter and update this agreement at its discretion, without giving explicit notice. If you do not accept these terms, do not use any images provided by the Picture Library or downloaded from the website. You will be deemed to have accepted these terms and conditions unless you notify us to the contrary. No variation of these terms and conditions shall be effective unless agreed to in writing. These terms apply to all BIRDS IMAGE STOCK images, whether supplied as digital files via our website or FTP, on CD or DVD or attachments via email. Definitions: "We/Us/Our", "BIRDS IMAGE STOCK" is the Birds Image Stock (part of the Allsortz Group) Hertfordshire, England SG14 2QJ. "You" or "Licensee" is the person or entity named as the client. "BIS" is the Birds Image Stock Picture Library "Website" is www.birdsimagestock.com "Image" means a digital image which may be offered for the purposes of reproduction
All images and information provided by the BIS or downloaded from the website are the property and/or copyright of BIRDS IMAGE STOCK (unless stated otherwise). The moral rights of BIRDS IMAGE STOCK and its authors of works represented on this site have been asserted. No property, copyright or publication rights in any picture shall pass to the customer either on submission of the pictures to the customer or once we grant reproduction rights. We are the exclusive owners of the copyright and/ or the authorised licensor of the copyright in all the Images available for download from our site. That means that in order to download an Image from our website for use in some way you need to enter into a Licence Agreement with us. When you pay for an Image supplied by us you are not purchasing the Image; you are acquiring a Licence to use it in accordance with the terms of the Licence Agreement we make with you. You must not therefore use the any Image supplied by us other than in strict accordance with the terms of the Licence Agreement and its permitted usages (see below). If you do use an Image supplied by us other than an in strict compliance with the governing Licence Agreement you will be in breach of the Licence Agreement and will also be committing an infringement of copyright.
2. Permitted uses
If there is any doubt that a proposed use is a Permitted Use, you should contact Birds Image Stock’s for guidance at:
No image may be used at a size greater than 210mm x 297mm. If you wish to use the image larger than this specified size, please contact [email protected] for a price. The following are “Permitted Uses” of Content: Advertising and promotional projects, including printed materials, product packaging, presentations, film and video presentations, catalogues, brochures, promotional greeting cards and promotional postcards (ie. not for resale or license); entertainment applications, such as books and book covers, magazines, newspapers, editorials, newsletters, and video, broadcast and theatrical presentations; on–line or electronic publications; prints, posters (i.e. a hardcopy) and other reproductions for personal use or promotional purposes specified in (1) above, but not for resale, license or other distribution; and any other uses approved in writing by Birds Image Stock.
a) Do not use BIS images larger than A3 (210mm x 297mm). For any size larger than this please email [email protected] for a price. Please include details of the image, where and how it will be used. If there is any doubt that a proposed use is a Permitted Use, you should contact Birds Image Stock’s for guidance at [email protected]. b) The Licensee may not make the Image(s) available (separate from the end product into which it is incorporated) in any medium accessible by persons other than The Licensee, with the exception of The Licensee's sub contractors who may reproduce the Image(s), subject always to the provisions of this Agreement. c) The Licensee may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement. d) The Licensee may not sell, license or distribute any end product containing the Image(s) in a way that is intended to allow or invite a third party to download, extract or access the Image(s) as a stand alone file. Licensee may not include the Image(s) in an electronic template intended to be reproduced by third parties on electronic or printed products. e) The Licensee may not use or display the Image(s) on websites or in any other medium designed to induce or involving the sale, license or other distribution of "on demand" products, including, without limitation, postcards, mugs, t-shirts, calendars, posters and other items. For licences regarding these products, please contact [email protected] with details of product and print run. f) The Licensee may not represent, expressly or impliedly, that Licensee is the original creator of a work that is a stand alone pictorial, graphic or sculptural work or motion picture or other visual work that derives a substantial part of its artistic components from the Image(s). g) Pornographic, obscene, defamatory or otherwise unlawful use of Image(s) is strictly prohibited, whether directly or in context or juxtaposition with specific subject matter. h) The Licensee shall abide by any restriction on use of the Image(s) notified by SPL before, after or at the time of delivery of the Image(s), either in the information accompanying the Image(s), the Invoice or otherwise. i) The Licensee may crop, recolour, manipulate, add to or resize Images within reason but any manipulation must not amount to distortion or derogatory treatment of the Image.
4. Supply of images in digital format
We supply A4 size – 21cm wide 300dpi jpegs as standard, directly from our website. We do not supply transparencies. Our images are digital files supplied in RGB colour. You may save/download low-resolution watermarked images (or "comps") for layout, testing and evaluation purposes. You may not use low resolution images for any final productions in printed or electronic form, including presentations, without our permission. You may not remove watermarks or metadata from BIRDS IMAGE STOCK images.
For online payments, we use PayPal as our payment gateway for all transactions. You may need to create an account with PayPal in order to pay us online for a Licence Agreement to use an Image supplied by us. Your relationship with PayPal will exclusively govern all matters related to the service it provides to you including, but not limited to, the protection of your personal data and credit card information. We hereby disclaim any liability or responsibility for the provision of such service and any matters arising in relation thereto. When paying via PayPal you will receive PayPal’s normal transaction confirmation. If you require a separate VAT receipt you will need to request it from us at when you place your online order. Images are supplied at a price of £10 + £2 VAT (UK 20 per cent rate). We will not issue VAT or other receipts for online payments unless specifically requested by you. You may apply to be account holder with us and arrange payment offline. In this case, we will, upon confirmation of your order, invoice you via post or e-mail as you request. Invoices must be paid within 30 days of issue. If we choose not to allow you to become an account holder we need not give any reasons for our decision. As we are a UK organisation, all fees charged and shown on the website are payable in Pounds Sterling. If you are placing an order from overseas, your card issuer may convert the charge into your local currency. If you do not pay in accordance with these General Licence Terms then we may at our option terminate the Licence Agreement, rescind your Licence and recover damages or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made. Consumers please note that your right of cancellation under the Distance Selling Regulations will end once you start the Image download process.
6a. Reproduction Rights
Reproduction rights are one-time, non-exclusive, apply to a single edition and subject to these terms and conditions, unless specifically agreed otherwise. Reproduction by whatever means of the whole, or any part of, any BIRDS IMAGE STOCK images is forbidden without our specific permission. Rights may not be assigned, nor may the image(s) submitted to you be loaned, supplied or transferred to third parties, without our written permission.
6b. No reproduction rights are granted by virtue of delivery of images
Your right to reproduce an image arises only if (a) licence terms are agreed and (b) our invoice relating to the grant of such rights is paid in full. Any reproduction before payment of the invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of this Agreement entitling us to rescind and claim damages. You must indemnify us in respect of any claims, damages, costs or expenses we incur arising from any reproduction without licence of any image supplied to you.
6c. Example of usage
We request that you email to us at [email protected] a complimentary pdf of the publication in which any image is used.
7a. Fee agreements
If you have a fee agreement with BIRDS IMAGE STOCK, this will be applied to your invoices. Fees for image use beyond the scope of a fee agreement must be negotiated specifically.
7b. Picture credits
You must credit us each time an image is used, unless agreed otherwise. Our credit line is: © Birds Image Stock unless otherwise stated on the image.
There will be NO REFUNDS.
8. Image captions
BIRDS IMAGE STOCK uses all reasonable endeavours to provide accurate caption text information on its website. However, errors do occasionally occur and Licensee shall be responsible for verifying that the relevant caption accurately describes the image that it accompanies.
You must satisfy yourself that all necessary rights, model releases or consents, which may be required for reproduction, are obtained. We make no claim or warranty with regard to your use of names, people, trademarks or copyright material depicted in any image.
10. Third party assignment
Pictures supplied to the customer and artwork, printing plates, digital files and film separations using the picture or any part of it shall not be lent, sold or otherwise circulated to a third party. Reproduction rights granted are personal to you and are not assignable by you to any third party. If we agree in writing that you may license use of any BIRDS IMAGE STOCK image to a third party, you will ensure by written agreement with the third party that they are restricted by licence terms forbidding the distribution, copying and further use of our image(s). You will also ensure the correct credit is given to BIRDS IMAGE STOCK by the third party.
11. BIRDS IMAGE STOCK logos/trademarks
Other than in relation to the credit line, the name and logos of the Birds Image Stock shall not be used by the Licensee in any way without the prior written consent from the BIRDS IMAGE STOCK.
Those who obtain a login and password) must provide accurate information during the registration process. Registered users are responsible for maintaining the confidentiality of their login and password access details. You may not allow others to use your access details and you are personally responsible for any misuse or charges arising from the use of your account by third parties using your login details, with or without your permission. The website www.birdsimagestock.com requires that you enter common personal data, which will be used by BIS for the purpose of running operations for the licensing of Image reproduction rights. We inform you the site user that the data collected may be used and handled with automated and manual tools for this purpose. The data will only be transmitted to subjects for whom the transfer of this data is necessary, practical and instrumental for the licensing operation to be run. The data collected will not be subject to widespread transmission on the part of BIS. By clicking the "I agree to the terms and conditions" box at the time of registration or by continuing to use our website site you allow BIS to use your personal data.
You must pay our invoice within 30 days of issue. If you do not pay in accordance with the above, we may rescind this agreement and recover damages, or charge interest at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until payment is made. Any reproduction rights granted by us are automatically terminated if you are unable to pay your debts when due. Any licence granted will terminate immediately if you (a) enter into voluntary or compulsory liquidation; (b) have a receiver appointed: or (c) fail to perform any of your obligations under these Terms and Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any image shall constitute an infringement of copyright.
If, after invoicing but before payment, the Client requests cancellation of the Licence, BIRDS IMAGE STOCK may at its discretion agree to cancel the Licence, subject to the Client paying a cancellation fee of 20% of the invoice total, with a minimum of £50 + VAT paid for all invoices to cover administration fees. Supply fees for images are non-refundable.
This agreement will terminate if you a) enter into voluntary or compulsory liquidation or insolvency, b) have a receiver appointed, c) fail to meet any of your obligations under the terms of this agreement and fail to remedy within 30 days of written notice.
16. Limited liability
Under no circumstances will BIS or its photographers be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of (a) the use of or inability to use the Images or (b) the inability to obtain additional rights to the Images (including making additional copies) even if BIS has been advised of the possibility of such damages. In any event, the limit of liability of the copyright owner of the Image, their representative, and BIS shall be the fee paid for reproduction of the Image to BIS.
17. Governing Law
The interpretation of this Agreement shall be governed by the laws of England. Any and all disputes arising out of, under or in connection with this agreement, including, without limitation, the validity, interpretation, copyright claims, performance and breach hereof, shall be settled by arbitration in London, England pursuant to the rule of the English Courts. If BIS is caused to present claims or suit to you as a result of any breach of the above terms set forth, you will be required to pay all of BIS costs and expenses incurred including BIS’s reasonable legal fees or cost.
18. Our liability
The materials displayed on our site are provided without any guarantees, conditions or warranties as to their accuracy. To the full extent permitted by law, we and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including: • loss of income or revenue; • loss of business; • loss of profits or contracts; • loss of anticipated savings; • loss of data; • loss of goodwill; • wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
19. Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack nor participate in an attack on our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
20. Prints and Canvases, table mats and coasters.
20a Prints and canvases/table mats and coasters are printed to order and therefore are not returnable.
20b In the rare event of your order being faulty or damaged, please email [email protected]. Replacement of faulty or damaged goods will only be considered after the item(s) have been returned by post in the original packaging to BIS Images.
20c Prints and canvases/table mats and coasters will be matched as closely as possible to the original image. Please note that your monitor may display the colours differently to the original, and that images seen in print (eg BIS publications) may differ from the original due to processing methods.
Whilst we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any image or its caption. Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in future. These terms and conditions are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English courts. Freedom of Information Act (FOIA): You are to note that BIRDS IMAGE STOCK is subject to the FOIA and that all information from you, which you consider is confidential, will be subject to the BIRDS IMAGE STOCK's obligations under the Act. You have an obligation to release back to the BIRDS IMAGE STOCK information on the BIRDS IMAGE STOCK that is being held by you should that information be required by a requestor under the Freedom of Information Act. This Agreement contains the full and complete understanding between the parties. No variation of any of these terms shall be effective unless negotiated and agreed by both parties, made in writing and signed by authorised representatives of both parties to this Agreement. In any case, BIS explicitly excludes any variations based on terms and conditions provided by the Licensee in association with any purchase order, supplier agreement or any similar document. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be amended only to the extent necessary to make the Agreement valid, legal and enforceable.