Your purchase and use of a licence for a photograph file from Open Country Prints signifies your acceptance of the following terms and conditions:
1. Open Country Prints provides the photograph(s) you order from this website. Open Country Prints licences you the use of the photograph(s) as provided in this Licence in all territories on a non-exclusive and non-transferable basis. The copyright and all other rights in and to the photograph(s) are reserved to and retained by Open Country Prints.
2. You are permitted by this Licence to :
(i) Copy, backup or archive the photographs to the extent necessary for your own personal use only.
(ii) Use the photographs in any one series of a television programme, or any one video, or any one film, or in any electronic or print media including any one advertising brochure, or newsletter, or editorial layout, or billboard, or web page or any one issue of a magazine.
Use the photographs for any one line of items for resale, including book cover, T-shirt, Coffee Mug, provided that these items are not intended to allow re-distribution or re-use of the photographs
(iii) Modify or alter the photographs as is necessary for your use of it, subject specifically to clause 3 of this Licence, provided that the rights to any derivative work (which shall forthwith on its creation be notified to Open Country Prints) shall belong to Open Country Prints. Such derivative work may be used only as permitted in accordance with this Licence and you hereby assign with full title guarantee any and all copyright and all other rights with respect to such derivative work or works to Open Country Prints. If requested by Open Country Prints, you agree to execute a written assignment of any such copyright and other rights
(i) Assign or otherwise transfer any rights in or to the photographs, except as specifically provided for elsewhere in this Licence. These rights remain the property of Open Country Prints.
(ii) Copy or reproduce the photographs, or the materials that may accompany it, except as specifically provided for above in the Licence.
(iii) Remove any copyright or trademark from any place where it appears on the photographs or its accompanying materials
(iv) Use the photographs in any way that could be considered defamatory, pornographic, obscene, immoral or fraudulent.
(v) Display the photographs in any digital format or for any digital use at a resolution greater than 640x480 pixels (a pixel being defined as a single dot on a computer screen), except in editorial or preliminary design work. Doing so will be viewed as an attempt to distribute the photographs in violation of this Licence. This is specified so that no one can steal the photographs from you, even if this was not your intention.
(vi) Use the photographs or any part of it as part of a trademark or design mark. Open Country Prints retains the full rights to the photographs and any modifications to it, and as such, you cannot establish your own rights over any part of them.
(vii) Re-sell, distribute or sub-licence the photographs or the rights to use the photographs. Open Country Prints is in the business of licensing photographsgraphs for use by its customers. It is the specific intent of this provision to prohibit a purchaser or licensee of one of Open Country Prints's photographs from using the photographs to enter, either directly or indirectly, a similar or competing business. It is therefore prohibited to use the photographs in a product whereby the purchaser or licensee of that product can then in any way, or be permitted to in any way, use the photographs for their own purposes.
4. (a) This Licence is effective until it is terminated. You can terminate it by destroying the photographs along with any copies, backups or archives of it.
(b) The Licence also terminates if at any time you fail to comply with the terms of this Licence.
(c) Open Country Prints requests that the phrase "Copyright Open Country Prints" appears adjacent to the photographs or on a credit page.
5. Photographs are provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose.
Open Country Prints does not warrant that the photographs will meet your requirements or that the use of the photographs will be uninterrupted or error free. The entire risk as to the quality and performance of the photographs is with you.
6. (a) Open Country Prints's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the photographs shall be that you may be permitted to receive or download the image again, at a location that Open Country Prints will provide for you or by receipt in a manner that Open Country Prints will decide, and if you continue to be unable to download or open the photographs, Open Country Prints will refund your money provided that Open Country Prints determines at its sole discretion that you have been unable to download or open the photographs.
(b) Under no circumstances whatsoever will Open Country Prints be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use the photographs even if Open Country Prints or a dealer authorised by Open Country Prints has been advised of the possibility of such damages, or for any claim by any other party.
7. You agree and hereby indemnify and hold Open Country Prints harmless against all claims arising out of any breach of this Licence.
8. (a) If you would like to discuss the acquisition of further rights than are provided for under this Licence, please contact Open Country Prints concerning a separate licence.
(b) If any provision of this Licence is held to be unenforceable, such provision shall be reformed only to the extent to make it enforceable
(c) You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of this Licence.
(d) This Agreement, its validity and effect, shall be interpreted under and governed by the laws of England.