Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE.

By entering this website, and/or any subsite accessible on this site you ('the user') accept, without limitation or qualification, the Terms and Conditions of Use set forth below and any additional terms and conditions of use set forth in any subsite or in connection with any promotion or service contained within such sites. If you do not accept these Terms and Conditions of Use, you should exit the website.

Terms and Conditions for representation of material for anyone setting up a supplier account.This agreement is made between you, the SUPPLIER of images to the site (SUPPLIER) and THE HISTORY ALBUM (THE HISTORY ALBUM) including its associated companies, including, but not limited to Mary Evans Picture Library Ltd. (MARY EVANS).

1. Submission and distribution of images
   1. You, the SUPPLIER agree to make available certain digital images, including all keywords, caption and metadata ("Images") to THE HISTORY ALBUM through distribution methods as mutually agreed upon.
   2. You confirm that any material you mark as "public" can be made available to third parties for sale through THE HISTORY ALBUM and associated websites under the terms of this agreement.
   3. You authorise THE HISTORY ALBUM to pass material deemed suitable for commercial exploitation to MARY EVANS to market through their website www.maryevans.com and any associated sites without further consultation with the SUPPLIER. Inclusion of material in THE HISTORY ALBUM does not automatically mean that material will be added to www.maryevans.com. That is purely at the discretion of the editors of THE HISTORY ALBUM, and we regret that no correspondence can be entered into on this matter. If you cannot authorise material to be used by both sites and their affiliates, please do not add them to the site.
   4. THE HISTORY ALBUM and MARY EVANS agree to give SUPPLIER Images equitable placement with other Images, if displayed on THE HISTORY ALBUM or the MARY EVANS websites.
   5. SUPPLIER agrees not to supply images, the content of which is any way illegal, obscene, defamatory or similar. The SUPPLIER also agrees to caption supplied images to an adequate standard as laid out in the keywording guide on THE HISTORY ALBUM.
   6. License
      1. Subject to the terms of this Agreement, SUPPLIER grants THE HISTORY ALBUM and MARY EVANS, throughout the world ("Territory") the non-exclusive right to grant sublicenses of supplied material to its clients to reproduce, distribute, transmit, broadcast, display, adapt, crop, modify, recast or enhance any Image, alone or in combination with any other material, in any media, now known or later developed, for any purpose, except those rights specifically prohibited by the terms of the Agreement. All other rights are reserved to SUPPLIER.
      2. SUPPLIER grants THE HISTORY ALBUM and MARY EVANS the non-exclusive right to use SUPPLIER trademarks and trade name, and the goodwill appurtenant thereto, in connection with its exploitation of the copyright license granted in paragraph 2.2 above and the promotion and marketing of its Images. This trademark license shall automatically terminate upon the termination or expiration of this Agreement.
      3. SUPPLIER grants THE HISTORY ALBUM and MARY EVANS the limited right during the term in this Agreement to use Images in THE HISTORY ALBUM and MARY EVANS promotion to promote its Images in all media.
   7. Compensation
      1. THE HISTORY ALBUM shall remit to SUPPLIER Thirty per cent (30%) of the total net fees billed and collected for uses of SUPPLIER Images from www.thehistoryalbum.com. To clarify, this is the percentage calculated after all production costs including credit card commissions etc. have been deducted. For material selected for representation through MARY EVANS, MARY EVANS shall remit to SUPPLIER Forty Seven and a Half per cent (47.5%) of the total net fees billed and collected for uses of SUPPLIER Images from www.maryevens.com or MARY EVANS’ agents’ websites. To clarify, this is the percentage calculated after all local taxes or agency fees have been deducted.
      2. Payments shall be made in pounds sterling by cheque (drawn on a bank located in the UK) unless another financial instrument is deemed more cost effective for both parties at the discretion of MARY EVANS.
      3. In the event of cancellation of use by a client of THE HISTORY ALBUM or MARY EVANS after payment has been made, THE HISTORY ALBUM or MARY EVANS as applicable, is authorised to deduct the amount paid for the cancelled usage from SUPPLIER’s future sales.
      4. Payment and payment reports
         1. Payment Reports, consisting of all licenses collected by THE HISTORY ALBUM or MARY EVANS during a quarter, shall be produced quarterly and sent with payment to SUPPLIER within thirty days of the end of the quarter if there are any sales due. VAT registered SUPPLIERS will be required to submit a VAT invoice before receiving payment. If sales do not reach a minimum of Forty Pounds (£40) in a quarter, those sales will be held over until the next quarter that the total sales exceed Forty Pounds (£40) in the interests of reducing bank charges. If you do not receive a payment report, there have either been no sales, or the sales are less than Forty Pounds (£40).
         2. Payment Reports shall be sent to SUPPLIER by post or other methods of transmission as may be deemed appropriate.
         3. Payment reports shall be in English.

          

      5. Warranties of SUPPLIER
         1. SUPPLIER represents and warrants that, SUPPLIER either owns the copyright of the images supplied, has written agreement with copyright holders of the images supplied to license the images, or owns the copyright in the supplied scans of out of copyright material legitimately acquired. SUPPLIER also represents and warrants that SUPPLIER does not knowingly infringe copyrights, trademarks, property rights, right of privacy or publicity and does not knowingly defame or violate the rights of any third party in any manner, has all the necessary rights and permissions required to supply any images provided.
         2. SUPPLIER agrees to assume responsibility for providing information to THE HISTORY ALBUM and MARY EVANS regarding model and property releases and shall endeavour to ensure that all caption information shall be correct on all submitted Images. It is mutually agreed that Images of people who are model released shall be identified with a "MR" or "R". In the event no such identification accompanies the Image file, the Images shall be considered NOT RELEASED. SUPPLIER shall provide copies of redacted releases to THE HISTORY ALBUM and MARY EVANS upon request.

          

      6. Warranties of THE HISTORY ALBUM and MARY EVANS
         1. THE HISTORY ALBUM and MARY EVANS represent and warrant that they (a) have the necessary authority to enter into this Agreement and perform all of their obligations hereunder and (b) the entering into and performance of this Agreement does not and will not conflict with any other agreement or understanding, oral or written, to which they are a party.
         2. THE HISTORY ALBUM and MARY EVANS further represent and warrant that they will not use nor authorise others to use any Images except as expressly permitted pursuant to this Agreement.
      7. Negotiation of License Fees
         1. Negotiation of usage fees relating to Images shall be at THE HISTORY ALBUM and MARY EVANS’ sole discretion without the need for prior consultation with SUPPLIER. Notwithstanding, THE HISTORY ALBUM and MARY EVANS shall use commercially reasonable efforts to license SUPPLIER’s Images and to receive reasonable fees for such licensing.
      8. Copyright, Credit and Misuse
         1. Neither THE HISTORY ALBUM nor MARY EVANS shall not acquire any rights, title or interest in or to said Images, than as specifically set forth in this Agreement.
         2. THE HISTORY ALBUM and MARY EVANS agree to use commercially reasonable efforts to protect the copyright and shall take such steps as may be reasonably necessary to protect against unauthorised use and assure that users properly protect the copyright owners’ copyright upon publication.
         3. For commercial use, MARY EVANS shall request to have its clients credit the publication of the Images as follows: "Mary Evans/ SUPPLIER". However, credits cannot be guaranteed.

          

      9. Term and Termination
         1. Term:

            This Agreement shall continue indefinitely unless terminated in writing with a minimum of ninety (90) days notice.

         2. Termination for Cause:
            1. In addition to any and all remedies available to THE HISTORY ALBUM or MARY EVANS, they shall have the right to immediately terminate this Agreement upon written notice to the SUPPLIER upon the occurrence of any of the following:
         • supply of Images for which they do not have the appropriate rights
         1. Effect of Expiration or Termination:
            1. Upon expiration or termination of the Agreement, THE HISTORY ALBUM and MARY EVANS shall immediately cease distributing Images to third parties and within ninety (90) days (a) delete all digital files representing SUPPLIER’s Images and remove all Images from the relevant websites; (b) pay all fees due and payable to SUPPLIER unless the account stands at less than Ten Pounds (£10) in which case the amount is agreed to be deemed too small to process viably; (c) report on all outstanding invoices and continue to make regular payments of all commissions within ninety (90) days of receipt of payment.
            2. The termination of this Agreement by expiration of the term or otherwise shall not affect the obligations of THE HISTORY ALBUM or MARY EVANS to pay any amounts due to SUPPLIER hereunder, or the obligations of either party.
            3. Termination will not affect any licenses with respect to Images granted to any licensee, such licenses will continue in full force and effect according to its terms.

          

         1. Indemnity

11. Limitation of Liability

12. Suspension of Service

Without prejudice to the foregoing, THE HISTORY ALBUM or MARY EVANS may suspend or discontinue the website and/or any subsite or your access to the website and/or any subsite at any time with or without cause and with or without notice.

Further, by using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of THE HISTORY ALBUM or MARY EVANS and if THE HISTORY ALBUM or MARY EVANS is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and THE HISTORY ALBUM or MARY EVANS shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions of Use, the term 'force majeure' shall be deemed to include any cause affecting the performance by THE HISTORY ALBUM or MARY EVANS of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of THE HISTORY ALBUM or MARY EVANS and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

13. Miscellaneous
    1. This Agreement may not be assigned by either party either voluntarily or by operation of law, without prior written consent of the other party. Consent shall not be unreasonably withheld.
    2. All notices to be served in accordance with this Agreement may be served by email, or by mail to the addresses as set forth in the Agreement. The SUPPLIER agree to notify of any change in their address for the purpose of notification pursuant to this Agreement.
    3. This Agreement incorporates the entire understanding of both parties concerning the subject matter contained herein and may not be waived, modified, amended or otherwise changed unless the change is reduced to writing and signed by each of the parties hereto. Waiver of any one provision shall not be deemed to be a waiver of any other provisions herein.
    4. This Agreement shall be governed and interpreted in accordance with the Laws of the United Kingdom.

Terms and Conditions for granting of Licence

1. OWNERSHIP

This website is operated and managed by Media Storehouse Ltd ('MediaStorehouse') and contains images from various entities (the 'Property Owner'). This website and its design, text, graphics, the selection and arrangement thereof, is Copyright of the Property Owner although certain third party copyright materials will be included on the website from time to time. The trade marks and trade names depicted in this website are proprietary to those entities set forth are trade marks of the Property Owner.

Other proprietary trade marks and trade names may be featured on this website from time to time. Third party images, trademarks and brands may not be reproduced or appropriated in any manner without the written permission of their respective owners.

Content and information provided by third parties other than the Property Owner is identified clearly where it appears. The Property Owner publishes this content as supplied to it and is not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.

2. AMENDING THE TERMS AND CONDITIONS OF USE

We may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms shown on this website or any subsite hereof, apply as soon as they are shown. By continuing to use this website after any changes are posted, you are indicating your acceptance of those changes. The Property Owner may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.

3. LIMITED LICENCE; RESTRICTIONS

You are granted a limited licence to download the materials contained on this website to a single personal computer, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. Use of the materials contained on this website on any other Internet site is strictly prohibited. The grant of this limited licence is conditional upon your agreement to and compliance with all these Terms and Conditions of Use. Any other use of any of the materials on this website including reproduction, modification, distribution, or republication, without the prior written permission of the Property Owner is strictly prohibited, and is a violation of the Property Owner's proprietary rights.

If you download any software from this website, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the 'Software') are subject to the limited licence set out above. The Property Owner and/or MediaStorehouse and/or their respective suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.

4. DISCLAIMER

THIS WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PROPERTY OWNER AND MEDIASTOREHOUSE BOTH DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, NEITHER THE PROPERTY OWNER NOR MEDIASTOREHOUSE REPRESENTS OR WARRANTS THAT THE INFORMATION AND/OR FACILITIES ACCESSIBLE VIA THIS WEBSITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THIS WEBSITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THIS WEBSITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THIS WEBSITE.

5. EMAIL SERVICE

In situations where the Property Owner may give you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions of Use

6. CHILDREN UNDER 16

If you are under 16, you must ask your parent(s) or a guardian before you buy anything from this web site. By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parent(s) or a guardian.

7. LINKS FROM THIS SITE

This website may contain links to other Internet sites on the World Wide Web. the Property Owner provides such links for your convenience only, and is not responsible for the content of any site linked to or from this website. The Property Owner disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site.

8. LINKS TO THIS SITE

You must not establish a link to the website, unless you expressly agree:

to ask prior written approval of the Property Owner to establish a link to the website; to create a direct link to the Property Owner's official website; not to create any third party association with the website; and ensure that the link does not state or imply that the Property Owner sponsors or endorses or otherwise supports any other website activity, company or entity, or presents the Property Owner and its associates in a false, misleading, defamatory or derogatory manner;

Any such approval from the Property Owner to establish a link to this website shall not permit you to use any Property Owner and/or third party content, names, logos, pictures or trademarks, unless separately agreed to in writing by the relevant rights-holder.

9. PRIVACY POLICY

You must read our Privacy Policy, which forms a part of these Terms and Conditions of Use and sets out the way in which your personal data is handled.

10. SECURITY

Internet transmissions are never completely private or secure. You understand that any message or information you send to this website may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).

11. USER SUPPLIED INFORMATION

If you send communications or materials to the website or any subsites by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including moral rights, proprietary, or any other right, including the right to approve the way in which the Property Owner uses such material.

Any material submitted to this website and any subsite, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by the Property Owner anywhere in the world, in any medium, in perpetuity.

Please note that this provision does not relate to any personal data that you submit which will be dealt with in accordance with the provisions of this websites Privacy Policy which is part of these Terms and Conditions of Use.

12. INFORMATION RELATING TO THIRD PARTIES

You undertake not to either include in any posting to this website, or otherwise disclose on or in connection with your use of the website any confidential information or personal data relating to third parties without their express written consent.

You acknowledge that in the course of utilising the website and concluding transactions on it you may receive certain confidential. You agree and undertake to keep such information confidential and not to disclose any part of such information to any third party, unless required to do so by law. Such information shall not be used for any purpose without the prior written consent of the user to whom such information is confidential and you agree to indemnify the Property Owner in respect of any claim made against them as a result of your misuse of such information.

13. TERMINATION

The Property Owner reserves the right to suspend or terminate any use by you of this website and any subsite thereof, where it appears to the Property Owner that your use is in breach of these Terms and Conditions of Use, including the provision of false registration details or other misuse of the services offered through this website. If you are a 'registered user' and your registration is suspended or terminated, you may not re-register for the website without the Property Owner's prior consent. The Property Owner may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in these Terms and Conditions of Use.

14. INDEMNITY

You agree to indemnify, defend and hold the Property Owner and, all of its associate companies, its directors, employees, information providers, licensors and licensees, officers and partners, (collectively, 'Indemnified Parties') harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use. You will co-operate as fully as reasonably required by the Property Owner in the Property Owner's defence of any claim. The Property Owner reserves the right, at its own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of the Property Owner.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER THE PROPERTY OWNER NOR MEDIASTOREHOUSE NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF THE PROPERTY OWNER AND/OR MEDIASTOREHOUSE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL EITHER THE PROPERTY OWNER'S OR MEDIASTOREHOUSE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.

16. SUSPENSION OF SERVICE

Without prejudice to the foregoing, the Property Owner may suspend or discontinue the website and/or any subsite or your access to the website and/or any subsite at any time with or without cause and with or without notice.

Further, by using this website and any subsite, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of the Property Owner and if the Property Owner is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and the Property Owner shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions of Use, the term 'force majeure' shall be deemed to include any cause affecting the performance by the Property Owner of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of the Property Owner and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

17. GOVERNING LAW

These Terms and Conditions of Use shall be governed by and construed in accordance with English law. Any dispute under these terms shall be subject to the exclusive jurisdiction of the English courts and, by using this website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

Those who choose to access this website do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.

18. MISCELLANEOUS

Any waiver of any provision of these Terms and Conditions of Use must be in writing signed by the Property Owner to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court's finding without affecting the validity and enforceability of any remaining provisions. These Terms and Conditions of Use represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and the Property Owner.

The express terms of these Terms and Conditions represents the entire agreement between ourselves and you relating to its subject matter and in particular, without limitation, contain all the obligations on the part of our relation to the software and rights granted.

No other provisions (whether statutory or in contract or tort or any other kind) are implied or otherwise deemed incorporated into or collateral to these Terms and Conditions notwithstanding the execution by ourselves prior to the date of these Terms and Conditions of any document purporting to incorporate inconsistent terms.

You acknowledge that any warranties or representations (whether innocent, negligent or otherwise) which might have been made to you before agreeing to make these Terms and Conditions by or on behalf of ourselves in relation to the subject matter of these Terms and Conditions save to the extent expressly set out herein have been superseded and shall be deemed annulled and were not relied on by you and did not induce you to enter into these Terms and Conditions.

It is the intention of the parties that no term of this Agreement may be enforced by any third party notwithstanding that any such term of this Agreement may purport to confer, or may be construed as conferring, any benefit on such third party and irrespective of whether such third party is identified in this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to any provisions of this Agreement.

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and subject to the jurisdiction of the courts of England and shall benefit ourselves, our successors and assigns.

In the event that there is a conflict between any of these Terms and Conditions and any relevant laws and/or regulations the relevant laws and/or regulations shall apply save to the extent that they may be validly varied.

Copyright © 2008 Media Storehouse Ltd., Mary Evans Picture Library Ltd. and The History Album. All rights reserved.