British Pathe Limited - Terms and Conditions

NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BRITISH PATHE LIMITED. BY CLICKING THE "I AGREE" BUTTON, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. BRITISH PATHE LIMITED RESERVES THE RIGHT TO CHANGE THIS AGREEMENT FROM TIME TO TIME AT ITS SOLE DISCRETION. YOUR USE OF THE SITE, AND ITS USE BY YOUR DIRECTORS, EMPLOYEES OR AGENTS, WILL BE SUBJECT TO THE MOST CURRENT VERSION OF THIS AGREEMENT POSTED ON THE SITE AT THE TIME OF SUCH USE.

OWNERSHIP OF THIS WEBSITE

This website is owned and operated by British Pathe Limited ("British Pathe"). All elements of the site, including the content and the general design are protected by copyright, trademark and other English and international laws relating to intellectual property and copyright. All images and related information on this website are owned or controlled by British Pathe.

Except as stated below, the contents of this website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of British Pathe.

You may not distribute, display or copy any of the contents of the pages contained in this website to third parties including, but not limited to "caching" any material on this website for access by third parties and "mirroring" any material on this website. You may provide a link to this website from any other website without British Pathe's prior consent PROVIDED THAT you will remove such link if so requested in writing by British Pathe.

All references to "you" herein are also deemed to be references to your directors, employees and agents or anyone else who accesses this website on your behalf or using information obtained by or from you.

In these Terms and Conditions, a "Moving Image File" is a file containing moving footage and a "Still Image File" is a file containing a still image. Moving Image Files and Still Image Files are together referred to as "Image Files".

PLEASE NOTE: THESE TERMS AND CONDITIONS ARE APPLICABLE TO THE LICENSING OF IMAGE FILES DIRECTLY FROM BRITISH PATHE'S WEBSITE AT www.britishpathe.com. ALL OTHER USES, INCLUDING, WITHOUT LIMITATION, FOR BROADCAST OR CORPORATE TELEVISION ARE SUBJECT TO BRITISH PATHE'S "OFF-LINE" TERMS AND CONDITIONS.

AVAILABILITY OF IMAGE FILES

Moving Image Files may be licensed via this website in three ways:

Licences of low resolution preview files ("Preview Moving Image Files"); and
Licences of high resolution master files ("High Resolution Moving Image Files").
Education Licence for use of high resolution master files by schools, LEAs and RBCs.

Still Image Files may be licensed from this website in three ways:

Licences of low resolution preview files ("Preview Still Image Files"); and
Licences of high resolution master files ("High Resolution Still Image Files").
Education Licence for use of high resolution master files by schools, LEAs and RBCs.

These licences are available on the terms set out in this agreement.

NO PERFORMERS' CONSENTS, PERSONALITY RIGHTS, MUSIC OR OTHER CONSENTS OR RELEASES EXIST ON ANY IMAGE FILE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY NECESSARY RELEASES OR CONSENTS REQURIED FOR YOUR INTENDED USE OF THE IMAGE FILES AND PAYING FOR THESE.

LICENCE OF PREVIEW MOVING IMAGE FILES ("PREVIEW MOVING LICENCE")

British Pathe grants you the personal, nontransferable, and nonexclusive right to copy the Preview Moving Image File(s) you have selected onto your computer hard drive and to use the Preview Moving Image File(s) (such downloaded Preview Moving Image File(s) being herein referred to as the "Downloaded Preview Moving Image Files") in the following manner only:

The usage must be non-commercial;
The usage must be for personal, research or private study, criticism, review or educational purposes; and
The Downloaded Preview Moving Files must not be made available via websites on the worldwide web and may only be made available on an internal website (ie an intranet which is not accessible to the general public) which is available in the UK only on an educational non-profit-making basis.

For example, you may include a Downloaded Preview Moving Image File in an email and send it to a friend or friends or a school or college can use a Downloaded Preview Moving Image File on its intranet.

LICENCE OF HIGH RESOLUTION MOVING IMAGE FILES ("HIGH RESOLUTION MOVING LICENCE").

British Pathe grants you the personal, nontransferable, and non-exclusive right to copy the High Resolution Moving Image File(s) you have selected onto your computer hard drive and to use the High Resolution Moving Image File(s) (such High Resolution Moving Image File(s) being herein referred to as the "Downloaded High Resolution Moving Image File(s)") in the following manner only: Either

In powerpoint presentations in the classroom or to invited audiences only; or
For commercial or non-commercial web publishers to use in an editorial context on their password protected online environments and web sites

For use pursuant to 1 above, Schools, LEAs and RBCs may edit D ownloaded High Resolution Image Files for educational purposes only.

For uses pursuant to 2 above, each Downloaded High Resolution Moving Image File must be used in linear form and may not be edited into any form of traditional television or radio programme, re-voiced, re-edited or changed in any way.

PLEASE BE AWARE THAT TO PREVENT THIS MISUSE OF FILES THERE IS A SMALL GRAPHIC ON THE BOTTOM RIGHT HAND CORNER OF EACH CLIP.

LICENCE OF PREVIEW STILL IMAGE FILES ("PREVIEW STILL LICENCE")

British Pathe grants you the personal, nontransferable, and nonexclusive right to copy the Preview Still Image File(s) you have selected onto your computer hard drive and to use the Preview Still Image File(s) (such downloaded Preview Still Image File(s) being herein referred to as the "Downloaded Preview Still Image Files") in the following manner only:

Educational Usage

The Downloaded Preview Still Image Files must not be made available via websites on the worldwide web and may only be made available on an internal website (ie an intranet which is not accessible to the general public) which is available in the UK only on an educational non-profit-making basis; or
Layout Usage

The Downloaded Preview Still Image Files may be used for "mock-ups" in order to decide whether or not to use a High Resolution Still Image File in the final version of the mocked-up item. For example, layouts for in-house presentations or rough draft designs for clients.

LICENCE OF HIGH RESOLUTION STILL IMAGE FILES ("HIGH RESOLUTION STILL LICENCE").

British Pathe grants you the personal, nontransferable, and non-exclusive right to copy the High Resolution Still Image File(s) you have selected onto your computer hard drive and to use the High Resolution Still Image File(s) (such High Resolution Still Image File(s) being herein referred to as the "Downloaded High Resolution Still Image File(s)") in the following manners only:

For "personal use" in a strictly non-commercial, non fee-paying, domestic environment.
Education Licence of high resolution still image files by schools, LEAs and RBCs

Any Image File downloaded by you is herein together referred to as a "Downloaded Image File".

Any extra rights for "Downloaded High Resolution Still Image Files" can be licensed from ITN Source.

SUPPLY OF IMAGE FILES

Before British Pathe will allow you to download Image Files, you will need to register. You agree to furnish accurate information when registering with British Pathe. You are responsible for maintaining the confidentiality of your user name and password ("Access Information"). You will not permit any third party to obtain your Access Information and you will notify British Pathe of any unauthorised access or suspected unauthorised access as soon as you become aware of the same. Where any payment is due for any Image File, you will be liable for payment for all Image Files downloaded by others, with or without your knowledge or permission prior to the time that you notify British Pathe of any unauthorised use.

Your details are held in accordance with our Data Protection Registration and our privacy policy.

If you wish to download Preview Moving Image Files and/or Preview Still Image Files (together "Preview Image Files") only then once your registration data has been received and you have informed British Pathe of which Preview Image File(s) you wish to download, British Pathe will enable you to download your chosen Preview Image File(s).

If you wish to download High Resolution Moving Image Files and/or High Resolution Moving Image Files (together "High Resolution Image Files") then the following terms will apply:

Buy

Once you have decided on the High Resolution Image File that you require, you can purchase it by debit or credit card. To order the High Resolution Image File simply click on the "Add To Basket" button and complete the details on the screen.
Security

Any information being passed over the internet, whether credit card details, names, addresses, phone numbers or other sensitive information, is encrypted to the highest industry standard so that no one can read or obtain your details for fraudulent means. All information is held by Secpay who will be responsible for debiting the correct amount from your card.
Confidentiality

All confidential information , including credit card details, are held securely and only transmitted in encrypted form.
Formation of the Contract

No contract will subsist between you and British Pathe for the licence to you of any High Resolution Image File unless and until you have submitted your payment details to Secpay and they have confirmed to us that your account has been debited. At this point, there will be a legally binding contract between us.

You confirm you are over 18 years of age and if you are ordering any service on behalf of a company or partnership that you have the necessary authority to do so.
Delivery

Once there is a legally binding contract between you and British Pathe, British Pathe will enable you to download your chosen High Resolution Image File
Price

The price shown for each product is exclusive of VAT which will be added where applicable.

British Pathe reserves the right to change prices listed without notice and reserves the right to decline to supply services to any individual or company. No responsibility can be accepted for late delivery or non delivery due to circumstances beyond British Pathe's control.
Payment

Payment for the High Resolution Image Files you have ordered can be made by one of the following credit/debit cards:
- Visa
- MasterCard
- Switch
- Delta
By clicking the "Submit", "Go" or "Make Payment" button you are authorising us to deduct the cost of the service(s) from your account.

All prices are quoted in Pounds Sterling and payment cannot be accepted in any other currency.
Cancellation

Once you have submitted your payment details, they have been accepted and British Pathe has made the High Resolution Image Files available to you, you may not cancel the contract.

DURATION OF THE LICENCE

Unless otherwise agreed or unless this agreement is otherwise terminated, use of any Downloaded High Resolution Moving Image File and/or any Downloaded High Resolution Still Image File is strictly limited to one year from the date that there is a legally binding contract between you and British Pathe.

The licence period for Downloaded Preview Moving Image Files, Downloaded Preview Still Image Files and Downloaded High Resolution Still Image File for Personal Use only is indefinite or until you are notified that such period has ended by British Pathe

Following the end of the licence period, then unless, in the case of Downloaded High Resolution Moving Image Files and Downloaded High Resolution Still Image Files, this period is otherwise extended in writing by British Pathe, you must delete the Downloaded Image Files from all electronic and removable media and destroy any other copy of the same.

EDUCATION LICENCE

British Pathe have agreed a special licence with RBCs for use of high-resolution master files and low-resolution preview files by schools, LEAs and RBCs within the secure national schools network. The files are provided in Quicktime as well as the standard forms.

RBCs, LEAs or schools may access and download High Resolution Image Files through the secure access provided by their RBC and completing the details on the screen. This process will enable you to download your choices to your Intranet server or hard drive.

Schools, LEAs and RBCs may edit and use in presentation applications for invited audiences or within secure Intranet or password protected online environments or websites downloaded High Resolution Image Files and low resolution preview files.

The Education Licence�covers re-use of British Pathe Archive resources directly by LEAs, RBCs and Schools within the schools national network environment.� It does not provide rights or permissions for third party�publishers, developers or suppliers or for LEAs, RBCs and Schools to use the�Education Licence to produce learning materials or populate online resources for commercial enterprise, selling on to schools, education partners or other customers or for publication over the World Wide Web.

Commercial resources and resources published over the World Wide Web by LEAs, RBCs and Schools may list items from the British Pathe Archive using the item titles and ID numbers.

The licence will run for three years from September 2003 until September 2006.

RESTRICTIONS AS TO USE AND STORAGE OF DOWNLOADED IMAGE FILES

Save as otherwise permitted herein, the following are strictly prohibited unless the prior written consent of British Pathe has been previously obtained:

Use of any Downloaded Image File other than in accordance with the terms of the licence granted herein;
Creation of any derivative of a Downloaded Image File;
Use of any Downloaded Image File in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter is strictly prohibited;
Use of any Downloaded Image File in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark is strictly prohibited;
Use of any Downloaded Image File to promote a business that sells or licenses moving or photographic images, or otherwise competes with British Pathe in any manner is strictly prohibited.
shipping, transferring or exporting any Downloaded Image File into any country or use any Downloaded Image File in any manner prohibited by any export laws, restrictions or regulations.
using, copying, archiving, publishing, distributing, republishing, transmitting, sub-licensing, re-licensing, renting, leasing or otherwise dealing with any Downloaded Image Files and you will not permit any of the foregoing actions to be undertaken by anyone other than you or other authorised users of any Downloaded Image File;
copying or publishing any Downloaded Image File to a network or bulletin board, or otherwise distributing or allowing any of the Downloaded Image Files to be distributed to or used by anyone other than the authorised users;
removing any copyright, watermarks or other notices contained in any Downloaded Image Files.

TERMINATION

Without prejudice to its other rights, British Pathe shall have the right to terminate any licence granted to you immediately by notice in writing if:

you shall default on any payment due hereunder or shall otherwise be in breach of the terms of this Agreement or any other agreement between you and British Pathe;
you enter into a voluntary arrangement or a petition for bankruptcy is presented or a bankruptcy order is made against you or if you have a receiver or administrative receiver appointed over you or over any part of your undertakings or assets or shall pass a resolution for winding up (otherwise than for the purpose of a bona fide scheme of solvent amalgamation or reconstruction where the resulting entity shall assume all of your liabilities) or a court of competent jurisdiction shall make an order to that effect or if you shall become subject to an administration order or shall enter into any voluntary arrangement with your creditors or shall cease or threaten to cease to carry on your business.
In the case of Preview Moving and Preview Still Licences only, British Pathe reserves the right to restrict or remove your access to Image Files at any time, or revoke your authorisation to view, download and use the Image Files and information on this website at any time, and you shall immediately discontinue your use of the same upon written notice from British Pathe.

Upon termination of this Agreement for whatever reason, the following provisions shall apply:

Termination of this Agreement shall not prejudice any right, action or remedy which shall have accrued or thereafter accrue to either you or British Pathe;
You shall immediately cease use of any Downloaded Image Files licensed to you by British Pathe under this Agreement or any other agreement between you and British Pathe;
British Pathe shall not be obliged to refund to you any payments previously made to British Pathe.

INDEMNITY

You agree to indemnify and hold British Pathe and/or the rights owner(s) of any Downloaded Image File, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal expenses, arising from the use of any Downloaded Image File or any breach or alleged breach of this Agreement.

NO WARRANTY

The files are provided "as-is." To the fullest extent permitted by law, British Pathe excludes all warranties and representations, expressed or implied, including but not limited to any implied warranties of satisfactory quality, fitness for any particular purpose, arising from a course of dealing or course of performance, noninfringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software programme.

Without limiting the foregoing, British Pathe gives no rights or warranties with respect to the use of names, trademarks, registered or copyrighted designs or works of art depicted in any Downloaded Image File, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured. British Pathe identifies each image to the best of its ability, but cannot be held responsible for erroneous or incomplete information.

British Pathe makes no representation or warranties as to the accuracy of the content, or that the use of this website will be uninterrupted or error free or that this website is free from viruses or any other malicious or impairing computer programme. This website could include technical or other mistakes, inaccuracies or typographical errors. The use of this site is at your own risk.

LIMITATION OF LIABILITY

Under no circumstances shall British Pathe be liable to you under, or in connection with, this Agreement, or your use of this site or from your access or use of any Image File, in contract or tort or otherwise and whether or not arising as a result of negligence for any loss of business, contracts, profits, anticipated savings or data or for any other indirect or consequential or economic loss whatsoever.

British Pathe's liability to you arising out of or in connection with this Agreement or the performance of or the observance of its obligations under this Agreement shall be limited to the fee paid to British Pathe for the licence for such Downloaded Image.

You are solely responsible for determining whether an Image File or any related information is appropriate for your intended use and complies with any applicable laws, regulations, codes of practice or rules relating to such use.

Neither party shall be liable for any delay or non-performance under this Agreement caused by any event beyond its reasonable control (a "Force Majeure event") PROVIDED THAT the party affected gives prompt notice in writing to the other party of such Force Majeure event and uses all reasonable endeavours to continue to perform its obligations under this Agreement. Either party may terminate this Agreement if such Force Majeure event continues and has continued for more than one month.

PROTECTION OF IMAGES

All Downloaded Image Files remain the property of British Pathe. You will not acquire any right, title or interest in or to any Downloaded Image File, including, without limitation, any electronic reproduction or promotional rights, and you will not make, authorise or permit any use of the digital files made therefrom other than as specified herein.

All rights not specifically granted to you are reserved to British Pathe. British Pathe's copyright information and Image File identification number must be retained with the digital files while you retain them.

CREDIT

Images used editorially should bear a credit line to "British Pathe".

GOVERNING LAW

This Agreement will be interpreted and construed in all respects in accordance with the laws of England and any dispute in relation to such agreement shall be subject to the exclusive jurisdiction of the English Courts.

MISCELLANEOUS

This Agreement is not assignable or transferable by you.

This website may contain links to other websites not under the control of British Pathe and are not associated with British Pathe. British Pathe is not responsible for the content of these sites and does not necessarily endorse the material on these sites.

This Agreement contains all the terms of the agreement between British Pathe and you concerning the use of Downloaded Image Files, and no terms or conditions may be added or deleted unless made in writing and signed by both of us. These terms and/or any other terms agreed in writing by British Pathe supersede any and all terms of your purchase order or other purported terms and conditions.

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void , or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

No failure to exercise and no delay in exercising on the part of either of the parties any right, power or privilege shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or future exercise of any right, power or privilege.

In the event that any Downloaded Image File(s) are used by you in any web publication, you shall provide British Pathe with the relevant url for the usage.

CONTACT INFORMATION

In the event that you wish to contact British Pathe for any reason, contact details are as set out in Company Information or you may email uksales@itnsource.cominstantly.

If you have any questions or queries regarding any of the services or products featured please send an email to uksales@itnsource.com.