Introduction

Welcome to this Website owned and operated by Blue Planet Images Co Limited. We hope that you find it both enjoyable and useful.

It is a condition of use of this Website that you, as a user of this Website, confirm that you have fully read, understood and agree to be bound by all of these Terms & Conditions set out below. This applies to all users who access this Website for whatever reason.

These Terms & Conditions (together with the documents referred to below) constitute the Terms & Conditions on which you may make use of our Website and purchase goods and services from us. If you do not agree to any of these Terms and Conditions you must not use this Website and should leave it immediately. By continuing to use this Website you will be deemed to have agreed to accept and be bound by these Terms and Conditions.

These Terms and Conditions have been checked and approved by our professional legal advisers as required by our Payment Service Providers to ensure that we fully meet and comply with all relevant legislation and requirements for e-commerce trading over the internet.

We are sure that you are as concerned as we are to ensure that your on-line purchases over the internet are secure and that your personal data is protected and kept confidential. Please refer to our Privacy Policy and details about Security to learn more about the measures we employ for your and our protection.

In case you have any questions or concerns about these Terms & Conditions, the Privacy Policy or any other aspect of this Website and your dealings with us, do not hesitate to contact us at Our Trading Address (see below for full details).

THE PROVISIONS OF THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS WHEN DEALING WITH US AS A CONSUMER.

Information about Blue Planet Images Co. Limited

Contacting us:

Please address all communications to us at:

Our Trading Address:

Blue Planet Images Co Limited,
Buckland House,
39 Treffry Road,
Truro,
Cornwall,
TR1 1WL
U.K.

(Personal callers at this address by prior appointment only please)

Mail / Post:

For all postal communications with us, including your right to cancel your order under these Terms and Conditions and/or to complain, kindly address any correspondence to our Trading Address as stated above.

Telephone:

We welcome telephone callers to our Trading Office number during U.K. business hours: 0900 - 18.00 hours Monday to Friday. In case of urgent need you may contact us outside U.K. business hours on this same telephone number. In case we are unavailable to immediately answer your call, you will be asked to leave a message and will also be given an alternative mobile / cell telephone contact number. We are committed to promptly replying to all such messages. This is also our Customer Service Number including calls concerning complaints:

- Within the U.K. : 01872 222601

- International / from outside the U.K. : +44 1872 222601

e-mail:

info@blueplanetimages.com

Telefax:

Discontinued - please use e-mail

Our Registered Office Address:

(The offices of our accountants: H.W. Fisher & Company)
Acre House,
11-15 William Road,
London,
NW1 3ER,
U.K.

Our Company Number:

Blue Planet Images Co Limited is a private limited company, incorporated in England & Wales under Company Number: 4035277 and whose registered office address is set out above.

Our V.A.T Registration Number:

GB 792 2700 25

Our Trade Marks

"Trademark 1" and "Trademark 2" as identified above are both duly ® Registered "European Community Trademarks" belonging exclusively to Blue Planet Images Co Limited. Certificates of Registration for both of these Community Trademarks in respect of "Trademark 1" and "Trademark 2" are: Nos. 002744795 & 002744720 respectively, both dated and issued on 19th December 2003.

Definitions:

In these Terms and Conditions the following words and expressions shall have the following meaning:

"We", "us", "our" and "ourselves" all refer to Blue Planet Images Co. Limited.

"You", "your", "yours", "yourself", "Buyer", "User" all refer to you as the visitor to and hence a user of this Blue Planet Images Website and /or Buyer of our products and services both on-line and by other means such as, but not limited orders placed by telephone, e-mail or post.

"Materials" refers to all of the contents of this Website, including but not limited, to all of the images, publications and other products displayed for sale on the Website.

"Terms and Conditions" means these terms and conditions of Website Use and for the Supply of Goods and Services.

"Website" means the website owned by us and accessed via the internet domain address: http://www.blueplanetimages.com./

"Payment Service Providers' refers to Streamline and Paypoint both of whose services we use for all on-line payments processing when you buy any goods and/or services from us through our Website or when you telephone us to make a credit or debit card payment for our goods and/or services over the telephone. For information about both these companies and the services that they provide see: www.streamline.co.uk and www.paypoint.net

Terms and Conditions of Website Use

Accessing our Website

We permit you access to our Website on a temporary basis, but we reserve to ourselves the right to withdraw the Website in whole or in part from service at any time and/or to amend its contents, goods and services provided through the Website either temporarily or permanently without notice. We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making any and all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons accessing our Website through your internet connection are aware of, understand and fully agree to be bound by these Terms and Conditions and that they comply with them for which you remain ultimately responsible and liable.

Use of this Website

You agree that you shall not use the Website for any illegal or fraudulent purposes, and will respect all applicable laws and regulations and statutes. You agree not to use this Website in a way that may impair its performance, corrupt the content nor otherwise reduce the overall functionality of this Website, nor do anything that in any way risks doing any of these things . You also agree not to:

• compromise the security of the website, nor attempt to do so.
• transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam), nor attempt to do so.

You agree to be fully responsible and liable for any and all claims, expenses, liabilities, losses and costs including legal fees that may necessarily be incurred by us arising from any such breach or attempted breach of these Terms and Conditions.

Intellectual property

We own or are the duly authorised licensee of all of the copyrights and all other intellectual property rights in this Website and the Materials all of which are protected by copyright laws and treaties around the world. All such rights are reserved.

It is illegal and strictly prohibited in law to copy, download, or to attempt to do so, any or all of the Materials by any means without our prior written consent.

You agree and undertake to us not to use, download, copy, modify, link to, reproduce, publish, display, distribute, transmit nor exploit the Website or the Materials in any way whatsoever except as specifically provided and permitted by these Terms and Conditions or as expressly agreed by us and confirmed in writing beforehand, nor create derivative works using the Website or Materials nor any part thereof nor to attempt to do any of these things in any way whatsoever and in any medium whatsoever.

Subject only to the express rights granted under these Terms and Conditions, the intellectual property rights in the Materials including, but not limited to, copyrights, patents, trade marks, registered and proprietary designs, applications for any of the foregoing, database rights, design rights, moral rights, trade and business names together with any other similar protective rights in any country worldwide are and shall remain vested solely and exclusively in their respective owners.

The Material is made available to you, subject to these Terms and Conditions, for your personal use only and may not be used for any commercial purpose unless otherwise expressly and previously agreed and confirmed by us in writing.

If you print off, copy or download any part of our Website or the Materials in breach of these Terms and Conditions, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the Website and Materials you have made.

Security

For your and our security and protection, this Website uses what is currently regarded as the highest level of security protection for all commercial transactions over the internet, namely 128 bit Secure Socket Layer (SSL) encryption.

To check that this Website with the domain name www.blueplanetimages.com is indeed owned and operated by Blue Planet Images Co Limited and that we and it have been checked and approved by thawte, our Website security systems provider, and that it is covered by a valid and current thawte SSL123 Certificate providing secure communications by encrypting all data transmitted to and from the Website, click on the thawte "Trusted Site Seal"™ link provided on the lower left side of all of the pages in this Website at any time.

To learn more about thawte and the online security systems that they provide see: www.thawte.com

When you are accessing the secure parts of this Website, the visible confirmation that encryption is taking place will be indicated by the display of a closed padlock symbol usually to be found in your web browser status bar. Additionally the "http" prefix in front of www.blueplanetimages.com will have changed to "https". In the highly unlikely event that you do not see this padlock symbol and the mentioned change to the prefix when you are in the secure shopping pages of our Website, you should not proceed with your purchase nor input any personal data but instead restart the online shopping process. You should only submit your personal data when these security confirmation symbols are displayed. If the problem cannot be remedied by retrying, you should then immediately stop any planned purchase and contact us at: webmaster@blueplanetimages.com. If this problem happens outside U.K. office hours Contact us as provided above.

Privacy Policy

Please be sure to read and understand our Privacy Policy. This sets out our commitment to keeping confidential the personal data that we must necessarily obtain from you when providing goods and services to you in connection with and via this Website and by any other means such as, but not limited to, telephone sales and when you register as a "User" of this Website.

(see "Register as a User of this Website" below). We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant to us that all data provided by you is accurate.

Reliance on information posted

Commentary and other Materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such Materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the Material on our site may be out of date at any given time, and we are under no obligation to update such Material.

Our liability

The Material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we 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 Website, any websites linked to it and any Materials posted on it, including, without limitation any liability for:
• 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
• for any other loss or damage of any kind, however arising 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.

Uploading material to our Website

Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out below. You warrant to us that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.

We have the right to remove any material or posting you make on our Website if, in our opinion, such material does not comply with the content standards set out below.

Content standards

These content standards apply to any and all material which you contribute to our Website (contributions), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

• Be accurate (where they state facts).
• Be genuinely held (where they state opinions).
• Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory of any person.
• Contain any material which is obscene, offensive, hateful or inflammatory.
• Promote sexually explicit material.
• Promote violence.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any copyright, database right or trade mark of any other person.
• Be likely to deceive any person.
• Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Promote any illegal or fraudulent activity.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
• Give the impression that they emanate from us, if this is not the case.
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Viruses, hacking and other offences

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website 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 Website or to your downloading of any Material posted on it, or on any website linked to it.

Linking to our Website

You may link to our Website home page only with and subject to our prior written agreement, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our Website must not be framed on any other Website, nor should you establish a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. You agree and undertake to us in case we send to you such notice requiring you to remove such link from your Website to our Website, that you will do this immediately and promptly send to us an e-mail at info@blueplanetimages.com confirming that this action has been duly taken.

You must not establish a link from any website that is not owned by you.

Links from our Website

Our Website contains links to various websites and other resources provided by third parties. These links are provided for your information and convenience only and their inclusion in our Website does not imply any endorsement of them, opinions that may be expressed in them or information they contain. We have no control over the contents of those websites or resources and accept no responsibility whatsoever for them or for any loss or damage that you may suffer in connection with your use of them.

Registration as a User of this Website

If you wish to be given access to view the larger "Preview " size images, rather than the basic "Thumbnail" size images in the online picture library and "Image search" section of this Website, you are required to complete a short Registration Form in which you will be asked to first provide a few brief details about yourself to enable us to identify you as a "user", when you visit our Website. Your registration as a "user" is subject to you confirming agreement to be bound by these Terms & Conditions. Promptly after registration we shall send to you by e-mail from our secure server your personal access password. There is a provision in the Website for you to change your personal password if you so wish. Go to the "My Account" section on our Website to do this. There is no charge for this registration, nor is there any obligation to subsequently purchase any goods or services from us. It is your responsibility to always keep your password and account details confidential and you must not disclose this information to any third party.

We shall not be liable in case you suffer any loss and/or damage arising from a failure by you to protect and keep private and confidential your password and/or any and all of your account details.

When registering we ask that you provide us with a telephone number so that we can contact you in case we notice any problem with your registration. The information you provide is covered by the provisions of our Privacy Policy.

Information accuracy

Whilst we use our best efforts to ensure that the information we place on the Website is accurate and current to the best of our knowledge and belief at the time, no warranties, express or implied, are given as to its accuracy nor do we make any warranty that the Website is free of errors, up-to-date, complete, nor that the Website or server are free of viruses. We are not responsible for any loss of data, material or content material uploaded or transmitted via our Website.

It is your responsibility to make your own independent and prior checks before deciding whether or not to rely upon any of the information given and opinions expressed in this Website.

We shall also not be liable to you nor to any third party in respect of any indirect loss and/or damage and/or loss of data, profit, revenue, business and/or time whatsoever and howsoever caused through you use of this Website.

Your concerns

If you have any concerns about Material which appears on our Website, please contact info@blueplanetimages.com or contact us at our Trading Address.

Thank you for visiting our Website.

Terms and Conditions for the Supply of Goods and Services from us

The following provisions (together with the documents referred to on it) set out the Terms and Conditions on which we supply any of the goods or services listed on our Website to you. Please read these Terms and Conditions carefully and make sure that you understand them, before ordering any goods or services from our Website. You should understand that by ordering any of our goods or services, you agree to be bound by these Terms and Conditions.

You should print a copy of these Terms and Conditions and keep them for future reference.

Please click on the button marked "I Accept" at the end of these Terms and Conditions if you accept them. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any goods or services.

Your status

By registering as a user of our Website and/or placing an order through our Website or when purchasing goods and/or services from us by other means you warrant to us that:

• You are legally capable of entering into binding contracts in accordance with English Law, the Applicable Law;
• You are at least 18 years of age;
• Any and all of the personal information that you are required to, and do provide to us, when registering as a user and / or buyer by the use of this Website is in all respects true, accurate and complete;
• You will not use nor supply any false nor misleading information to us

concerning, but not limited to, your name, identity, address nor any other personal details nor will you impersonate nor seek to impersonate any other person or entity;

• You are in legal possession of a valid credit and/or bank debit card of a type acceptable to us and our Payment Service Providers and which you are lawfully entitled to use for purchases when ordering and purchasing goods and/or services from us through this Website or by other means such as, but not limited to, telephone orders; and
• You fully comply and continue to comply with all of the Terms, Conditions and details as set out in this Website.

Description of goods and services

Whilst we are careful to try to ensure that to the best of our knowledge and belief, the description and availability for sale of all of the goods and services that we offer through this Website or by other means is up-to-date and accurately represented & described: the stated dimensions of goods offered for sale are approximate; it is possible that from time to time the actual characteristics of the goods that we offer for sale may vary slight in some respects from the details as shown and described in the Website and /or goods may be out of stock and/or discontinued. In such circumstances we reserve the right to decline to accept the order and shall then contact you to discuss a mutually satisfactory solution to the problem.

Prices

The prices for goods or services are as quoted in our Website from time to time, except in the case of obvious errors and are subject to our final acceptance and confirmation in writing as set out below. These prices are quoted inclusive of U.K. Value Added Tax ("VAT") applicable at the time and date of purchase.

Postage and packing / delivery charges are clearly shown and added during the check-out process on our Website shopping pages.

Local taxes and/or import duties, if any, are not included and are payable by you where applicable.

We reserve the right to change our prices and/or delivery charges at any time without notice but any such changes will not affect orders already placed and confirmed prior to such changes. See Pricing and Ordering.

Purchasing & Payment:

To place an order to purchase goods and/or services with us via our Website you must follow the easy to follow step-by-step on-line shopping procedures as provided on our Website shopping pages, typing in the required information at each stage of the process. Any errors made during the ordering process can be corrected prior to the order being placed.

All our prices at this time are denominated in U.K. Pounds Sterling and all our payment arrangements are structured in this same currency. In case you wish to purchase goods through our Website in any other currency and are unable pay in U.K. Pounds Sterling, please Contact us.

Accepted methods for making payments

Payment for goods and services purchased from us via this Website can only be effected using those credit and debit cards specified in the shopping pages of this Website. We regret that at this time no other credit and/or debit cards are acceptable to us and our on-line Payment Service Providers.

In case you wish to pay by cheque or any other method of payment you should contact us by telephone, e-mail or post/mail.

In the unlikely event that there is a problem processing your order and payment we shall give you a telephone call and/or send you an e-mail and seek to resolve the problem.

Some of the reasons that might prevent us from being able to complete the processing and completion of your order might include, but not be limited to:

• The goods and/or services that you have ordered are out of stock or no longer available;
• There is an error in the description and/or pricing in our Website;
• The issuer of your credit/debit card has declined to authorise payment to us;
• We have become aware that you have failed to comply with some aspect(s) of these Terms and Conditions.

Our right to refuse a transaction

You agree and acknowledge that we have the right, when it is reasonable and necessary for us to do so, to refuse to process any transaction for any reason and at any time and/or to refuse to supply goods or services to you at our sole discretion without being obliged to state the reason. You agree that we shall not be liable for any resultant delay or non-delivery of the goods and /or services in question.

How and when the contract is formed

The submission by you of an order to purchase goods and/or services from us and confirming it in the check-out pages of our Website does not in itself at that time create a legally binding contract between us. This only happens when we, having received, processed and accepted all the details of your order and payment and sent to you a confirmatory e-mail accepting your order in writing with an order number confirming the goods and services you have purchased, the price and payment details and an estimate of the date of dispatch of the goods or provision of the services to you.

It is understood and agreed that any order to purchase goods and/or services from us through our Website or other means such as telephone sales, shall be deemed to have been concluded in England and subject to English Law in accordance with the provisions of the Jurisdiction and Applicable Law below.

Delivery

Our objective is to deliver all goods promptly subject to timely performance of postal services and subject to all the criteria being met that enable us to confirm the order to you, normally within 5 working days to UK mainland addresses via Royal Mail First Class post. Delivery to certain remote parts of the U.K. and offshore islands may take a day or so longer. In case you wish to request a premium delivery service such as "Special Delivery", please call us when placing your order to discuss arrangements and payment by you of the additional cost involved. For deliveries to Europe and the rest of the World we send parcels via Air Mail. Delivery times will vary depending upon destination address location.

Remember to always include your delivery address postcode/zip code when placing your order so as to minimize the risk of postal delay to the delivery of your goods.

In case you order an item that is temporarily unavailable or discontinued we shall inform you and advise either when it is expected to again become available and ask you whether you are willing to wait until such time for delivery or alternatively we may offer to you a similar alternative product. In case this is unacceptable to you we shall give you the right to cancel the order and receive a full refund.

Risk of damage to or loss of the goods shall pass to you once the goods have been duly delivered to the delivery address specified in your order.

Where an alternative delivery address to the billing address is requested, ownership and risk in the goods shall pass to you once the goods have been delivered, even if the goods have not been received by you in person.

For delivery charges outside the U.K. and Europe unless this is already provided in our Website, please contact us by telephone or e-mail when we shall advise you of the cost.

In case you require the goods to be delivered to more than one address in respect of the same order, please contact us to discuss arrangements and additional delivery cost involved.

Since postal charges are subject to periodic changes by postal authorities you are advised to check our Postage and Packing charges whenever you place an order with us as we may in consequence have had to increase our charges to you to cover such postal service cost increases.

Cancellation, Return and Refund Policy

We take care to always make sure that all our products are professionally produced to fully meet U.K. national retail industry standards both in terms of materials used, quality, accuracy of colour and print reproduction and product finish.

We also have careful quality control checks on every item we sell before dispatch to our customers. We therefore hope that you will be very pleased with any goods and services that you buy from us upon receipt.

On the rare occasions when a problem might arise we are committed to always giving the matter our personal and immediate attention to remedy the problem to your complete satisfaction.

Where you purchase goods and services from us as a consumer (but not where you purchase goods and services in the course of your business) the following provisions shall apply:

In compliance with the Distance Selling Regulations of the European Community, in case, upon receipt, you are not entirely satisfied with the goods that you have purchased from us through our Website or by telephone order then you have the right to return them to us within 7 (seven) days from the date on which they were delivered to your address within the European Community when you also have the right to cancel the purchase contract. We will also refund to you the original delivery charge when a product is returned and confirmed as being faulty but not in the case when it is due to a change of mind on your part.

We have taken care to try to show you as accurately as reasonably possible through the images and other data in our Website what the products that we offer for sale actually look like. Please remember though that image reproduction varies slightly with each computer display monitor, its colour management settings and other factors such as the display device used by you for accessing the internet and slight variations in perception of colour in each individual's eyesight.

For this refund undertaking to remain valid you must return the goods in question to us within the stipulated time, the goods must be unopened, undamaged and unused in the original wrapping and in re-sellable condition when received by us. It is your risk and responsibility to ensure that the goods returned to us for refund are delivered to us in such acceptable condition as specified above. If this is not the case we reserve the right to decline to give you the refund. We require that the goods in question be returned to us and in our hands in satisfactory condition as stated above before we can agree to consider and process any possible refund or exchange.

We recommend that when returning goods to us for refund or replacement as provided above, that you ensure that you obtain written proof of posting at the time of posting. We cannot and will not be responsible and liable for any goods that you return to us that might be lost and/or damaged in transit to us until duly delivered and received by us at our trading address as stated above.

This Returns Policy is in accordance with your right to cancel a contract formed at a distance as provided for under the U.K. legislation - namely the Consumer Protection (Distance Selling) Regulations 2000.

Picture Library - Image Usage Licence sales

All of the photographs in our picture library feature the photography of Robert Sanger, a small proportion of which appear in this Website and all of which are available to purchase as prints or for private and commercial usage by means of individually agreed "Rights Managed" Image Usage Licences.

To obtain details of our pro-forma "Rights-managed" Image Usage Licence Terms & Conditions contact: info@blueplanetimages.com

We regret that we no longer offer "Royalty Free" image sales from our picture library.

Liability & Disclaimer

The information and opinions contained in our Website (the "Information") are provided "as is" and, without limiting the foregoing, you acknowledge that the Information and opinions so expressed may not be error-free, up-to-date or fully accurate. Except as expressly stated in these Terms and Conditions we do not make any representations or warranties, express or implied about this Website, any linked site, the Materials and/or the Information on the Website, which are hereby excluded to the fullest extent permissible by law.

Subject to as set out below, our liability in connection with any goods or services purchased through our Website is strictly limited to the purchase price of such goods or services.

Subject to as set out below, we will not be liable for losses that result from our failure to comply with these Terms and Conditions that fall into the following categories:

• loss of income or revenue;
• loss of business;
• loss of profits;
• loss of anticipated savings;
• loss of data; or
• waste of management or office time.

However, the above will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded as set out above.

Nothing in these Terms and Conditions excludes or limits our liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• defective products under the Consumer Protection Act 1987; or
• any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your misuse of our Website, any linked site and the Materials.

Our Website changes regularly

Please note that we reserve the right to change these Terms and Conditions, and Privacy Policy at any time in our sole discretion and without prior notice, so it is important that you check these Terms and Conditions and Privacy Policy for any changes each and every time that you seek to use our Website. We also update our Website periodically as the need arises and so may change the content at any time. Following such changes, in case you continue to use this Website, you will be deemed to have thereby accepted and agreed to the Terms and Conditions and all other provisions of this Website including the changes.

Import duty

If you order goods from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All written communications shall be in the English language.

Notices

All notices given by you to us must be given to Blue Planet Images Co. Limited at info@blueplanetimages.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assignees.

You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract with you that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• strikes, lock-outs or other industrial action;
• civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• impossibility of the use of public or private telecommunications networks;
• the acts, decrees, legislation, regulations or restrictions of any government; and
• pandemic or epidemic.

Our performance under any contract between us is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under such contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a contract between us, to insist upon strict performance of any of your obligations under such contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under that contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

Entire agreement

These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between you and us relating to the subject matter of any contract between you and us.

You and we acknowledge that, in entering into a contract, neither of you nor we rely on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions or the documents referred to in them.

You and we agree that your and our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

Nothing in this clause limits or excludes any liability for fraud.

Our right to vary these terms and conditions

We have the right to revise and amend these Terms and Conditions from time to time.

You will be subject to the Terms and Conditions in force at the time that you order products from us, unless any change to those Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to these Terms and Conditions before we send you the confirmatory e-mail stating that your goods have been dispatched (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary within seven working days of receipt by you of the goods).

Third party rights

A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

Severance

In case any provision in these Terms and Conditions is held to be invalid and/or unenforceable then the provision in question shall be struck out but all of the other remaining Terms and Conditions shall remain valid and fully in force.

Comments about this Website

If you wish to express to us any comments about this Website, its contents and functionality please address these by e-mail to: webmaster@blueplanetimages.com

Jurisdiction and Applicable Law

These Terms and Conditions and our Privacy Policy as set out on this Website are governed by English Law with the English Courts having non-exclusive jurisdiction over any and all claims and/or disputes that might arise from or related to a visit to this Website and/or any and all purchase(s) of goods and/or services supplied by us to you. By ordering and purchasing goods and/or services from us either through this Website or by other means, you agree that these Terms and Conditions shall apply, subject to any prior mutually agreed variations confirmed by us in writing, and that in case of dispute between you and us, you agree to submit to and be bound by the jurisdiction of the English Courts without reference to rules governing choice of laws.

Back to top.

File Revision: 1.17; Last Modified: 21st November, 2011