Terms and Conditions
Terms and Conditions of Use of Content
"Golf Tour Images" / "www.golftourimages.com" hereafter referred to as GTI
"Content" means all images including digital images, transparencies, negatives, and related metadata, text, captions or information provided for the purposes of reproduction for a fee on a per-use basis.
"Reproduction" and and "Reproduce" mean any form of copying or publication of the whole or a part of any Content, via any medium and by whatever means.
"Download" means to download the images by any means, single image download, quick send, batch download, ftp
"Invoice" means a computer-generated or pre-printed invoice provided in paper or electronic form by GTI without limitation, the permitted scope of use of Content selected by Licensee, any limitations on the license in addition to those specified herein and the corresponding price for the license of such Content. The Invoice shall be incorporated into this Agreement and all references to the Agreement shall include the Invoice.
"Unauthorised Download" means any Download or use of Content for which the Invoice has been issued by GTI and which remains outstanding after 28 days or other time period as agreed between GTI and Licensee and stated in the Invoice.
Grant of License and Restrictions
Unless stated otherwise in writing, GTI grants to Licensee a non-exclusive, non-sublicensable and non-assignable right to use and Reproduce Content identified in the Invoice, solely to the extent explicitly stated in this Agreement. Use of Content is strictly limited to the medium, period of time, print run, placement and size of Content, territory and any other restrictions specified in the Invoice or as agreed between Licensee and GTI.
Content may contain listed restrictions of use (either on the Invoice, a specific Content web page, and/or editorial list), including, without limitation, restrictions as to time, manner, industry and territory of use.
Content may only be used in an editorial manner, relating to events that are newsworthy or of public interest, and may not be used for any commercial, promotional, advertising or merchandising use.
While GTI makes efforts to correctly caption the subject matter of the Licensed Material, GTI does not warrant that such information is accurate.
Content may not be used as a trademark, or for any pornographic or unlawful purpose or use of any kind. Defamation of any person, or to violate a person's right to privacy or to infringe upon any copyright, trademark or trade name of any kind is strictly prohibited.
Content may be cropped but shall not, under any circumstances, otherwise be rotated, altered, changed or tampered with, either manually or electronically, without express written permission from GTI.
Licensee grants to GTI the irrevocable, perpetual, royalty-free, non-exclusive right and license to use Licensee's End Use of Content solely for the promotion of GTI and use of GTI Content. For purposes of this paragraph, "End Use of Content" shall mean any end product produced by Licensee pursuant to this Agreement, including but not limited to use in magazines, books, feature films, television productions, and other print.
Photo Credit and Copyright
GTI and/or its contributing photographers, Content Providers or third-party image partners, own all copyrights in the Content. No ownership or copyright in any Content shall pass to Licensee by the issuance of the License contained in this Agreement. Except as expressly stated in this Agreement, GTI grants Licensee no right or license, express or implied, to the Content.
Photo Credit: In respect to Editorial use of Content, the following photo credit must appear adjacent to the use of Content: "[Photographer's Name]/[Third-Party Image Partner, if any]/www.golftourimages.com" or as otherwise specified on the specific Content web page. If Licensee omits the proper credit, GTI reserves the right to charge the Licensee the original license fee plus an administration fee of £250 when such credit is omitted and a request for it to be added is issued. For works published without a proper credit that cannot be amended or updated, GTI at its sole discretion reserves the right, and the licensee accepts that the £250 administration fee may be invoiced and due under the terms and conditions stated here.
Releases: GTI gives no rights and makes no warranties with regard to the use of people, names, trademarks, logos, registered, unregistered or copyrighted designs or works of art depicted in any Content. Unless otherwise agreed in writing, no model, property, team logo, trademark or other releases are delivered by GTI in connection with the delivery of Content. Licensee bears the responsibility of obtaining all necessary individual, property, team logo, trademark and other releases, approvals and clearances from third parties prior to using the Content.
Trademarks: Except for credits as required above, Licensee may not use the trade names, trademarks, logos or service marks of GTI without express prior written permission.
Notice of Violations: Licensee will immediately notify GTI once it is made aware of or suspects that any third party is wrongfully using the Content, in whole or in part, or is violating any of GTI’s intellectual property rights, including, but not limited to, Marks and copyrights.
Warranty and Limitation of Liability
GTI and its Content Providers make no warranty of any kind, express or implied, regarding the a) Content, b) caption information, c) any third party digital delivery systems, d) the availability and operation of any third-party equipment, software or service, e) continued access and operation or availability or interruption of this digital archive and delivery platform or any rights and licenses under this Agreement. GTI will not be liable for any damages arising from the use of this Site or unavailability of the Site, including, but not limited to, lost profits and direct, indirect, incidental and consequential damages.
Licensee: Licensee shall defend, indemnify and hold GTI and its respective officers, directors, employees and image partners harmless from all damages (except punitive damages), liabilities, and expenses (including reasonable legal fees and permitted and authorized costs), arising out of or as a result of claims by third parties relating to Licensee's use of any Content or any breach of this Agreement.
GTI : Provided Content is only used in accordance with this Agreement and Licensee is not otherwise in breach of this Agreement, GTI agrees to indemnify and hold Licensee and its parent, subsidiaries, and commonly owned or controlled affiliates and their respective officers, directors and employees harmless from all damages (except punitive damages), costs, and expenses (including reasonable legal fees and permitted and authorized costs), arising out of or connected with any actual or threatened lawsuit, claim or legal proceeding alleging that the possession, distribution or use of the Content by Licensee pursuant to and in accordance with this Agreement infringes on any copyright of any third party. The foregoing states GTI's entire indemnification obligation under this agreement and licensee's sole and exclusive remedy for any alleged or actual breach of the representations and warranties set forth in the section above.
Unauthorized Use: Any use of Content in a manner not expressly authorized by this Agreement or in breach of a term of this Agreement constitutes copyright infringement, entitling GTI to exercise all rights and remedies available to it under copyright laws around the world. GTI in its sole discretion reserves the right to bill Licensee (and Licensee hereby agrees to pay) up to ten times the license fee for unauthorized use of Content. This statement in no way limits GTI‘s rights or the rights of an Icon Content Provider or third-party image partner or remedies said parties can seek in connection with the unauthorized use of Content or breech of this Agreement. For the avoidance of doubt, any unauthorised use also includes any download of images for which the invoice becomes overdue.
Overdue Invoices: If Licensee fails to pay GTI invoice in full within the time specified in the Invoice, GTI may add a monthly administration charge of £250 plus VAT plus in accordance with The Late Payments of Commercial Debts (Interest) Act 1998, overdue invoices will attract an interest charge of 8% plus the prevailing Bank of England base rate, on any unpaid balance until payment is received. GTI also reserves the right, in its sole discretion, to revoke the license if payment is not made in full on time. For the avoidance of doubt, any images which are subject to an invoice which becomes overdue shall be deemed an Unauthorised Download and may be pursued by GTI in accordance with the details contained in these terms and the image IPTC information embedded within each image and displayed on our webpages.
Electronic Storage: For all Content that Licensee takes delivery of in electronic form, Licensee must retain the copyright symbol, the name of GTI and the image number or other identification number associated with the Content as may be included as part of the electronic file. Licensee will make reasonable effort to safeguard against unauthorized third party access to the Content. Upon the expiration or earlier termination of this Agreement, Licensee shall promptly delete the Content from its computer or other electronic storage systems and shall ensure that its sub-contractors do likewise.
Governing Law and Venue: This Agreement shall be interpreted, construed and governed by the laws of the Scotland and shall not be governed by the 1980 United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. Venue for all disputes arising under this Agreement shall lie exclusively in Scotland. In the event of a dispute over breach of the Agreement between GTI, and Licensee where GTI prevails, Licensee agrees that GTI shall be entitled to recover its reasonable legal expenses and court costs.
No Waiver Or Severability: No action by GTI, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible, this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Content displayed on this Site, any license or product prices contained on the Site and any information or license terms without prior notice.