Bodleian Picture Library Terms of Service

Thank you for visiting the Bodleian Libraries' Picture Library. This page, together with the other pages linked below, sets out the terms and conditions on which we may provide the user ("you") with access to, and grant to the user licences of, the images listed in our Picture Library ("Images").

1. Who We Are

The Bodleian Libraries are part of the University of Oxford, whose principal offices are at University Offices, Wellington Square, Oxford, OX1 2JD ("we") or ("us"). If you have any questions about these Terms of Service, or about any order placed by you under these Terms of Service, then please email us at bodleianimages@bodleian.ox.ac.uk or telephone us at +44 (0)1865 277061.

2. Relevant Terms

In addition to these Terms of Service, our terms and conditions include the following:

• our website Terms of Use, which apply to any use of our website at www.bodleian.ox.ac.uk (the "Site"), including use of the Picture Library, and which may be read at http://www.bodleian.ox.ac.uk/terms-of-use ;
• our Privacy Policy, which describes the personal data which we may collect from users of our Site and explains how we may use it. Our Privacy Policy can be read at http://www.bodleian.ox.ac.uk/privacy ;
• our Cookies Statement, available at http://www.bodleian.ox.ac.uk/cookies . This describes how the Site uses cookies.

For ease of reference, we refer to all of the terms which apply to you collectively as the "Terms". By using our Picture Library you are agreeing to the Terms.

3. Opening Your Account

You can register as a user of our Picture Library here, or otherwise at the time you request a licence of one of our Images listed in the Picture Library. To register you will be asked to enter your name, contact details, and organisational details. You will also be asked to set a user login and password.

Our Privacy and Cookie Policy sets out details of how we may use the information you provide. Without limiting the provisions of our Privacy and Cookie Policy, you accept that:

• we may provide your personal data to Capture Ltd., who provide the software platform supporting our Picture Library and on whose servers data (including personal and transactional data) relating to the Picture Library may be stored; and
• we may use the personal data that you provide to us in order to correspond with you, provide services to you in accordance with these Terms of Service and exercise our rights under the Terms. We may also use your personal data to notify you of any our news or promotions which we believe may be of interest to you (although you may opt out of receiving such notices at any time).

4. Choosing and Ordering Images

Placing your order. When you have found an Image that you wish to use, you may order a licence of that Image by clicking the "Add to Cart" button and then following the purchase instructions on our Site. The nature, scope, duration and permitted uses included in your licence will depend on the type of licence you have ordered. See Fees & Licences for the differences between the various kinds of licence we offer. It is your responsibility to ensure that you have read and understood the description of the licence granted. When you place an order, three things will happen:

• you will be required to confirm again your acceptance of these Terms. This means that you are offering to enter into a legally binding contract with us on these Terms, which we may accept or decline at our discretion;
• you will be required to pay the price listed for the relevant licence as an up-front payment (unless we have expressly agreed alternative payments terms with you, in which case those alternative terms shall apply); and
• once your payment has been received and your order confirmed as accepted by us, we will make the purchased Image available to you by the means chosen when placing your order (currently, direct download via your account). You will also be sent a confirmation email. The Image will be available for at least a period of thirty (30) days from the original purchase.

Payment processing and currency. The payment that you make when ordering any Image is a payment that you make to us, facilitated through WorldPay (UK) Limited ("WorldPay"). You can make payment by most major debit or credit cards, and in particular any Visa, MasterCard or American Express card. We do not receive your credit or debit card information as this is processed by WorldPay.  Please note that payment must be received in pounds sterling.

Limits on payment processing. The payment processing facilities that we provide through WorldPay may be suspended or modified by us or on our behalf at any time and for any reason. We may impose security measures such as transaction limits on our users (for example, limiting the value or frequency of transactions). We will not have any liability to you if you are unable to purchase any due to the unavailability of our Site or the payment processing facilities provided through WorldPay.

5. Cancellation and Refunds

Consumer rights. Consumers in the United Kingdom are generally entitled to certain cancellation rights in relation to contracts concluded at a distance, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015 (we'll call these together the "CRA").

However, the CRA provides that no such cancellation rights apply in relation to digital content once it has been downloaded. You therefore acknowledge and accept that you will have no rights under the CRA to cancel any order for Images made through our Site once downloaded.

No rights of cancellation. Likewise, we do not offer any other right of cancellation or refund. If the file you download is corrupt, is the wrong Image or otherwise contains an error, then you should contact us so that we can remedy the situation and make the correct Image available for download.

6. Use of Images

Ownership of Intellectual Property Rights. Ownership of all intellectual property rights in the Images listed in our Picture Library shall remain with us at all times. When you use our Site to purchase a licence of an Image, you are purchasing limited rights to use the Image rather than ownership of the intellectual property rights in that Image. You may not make any claim to own the intellectual property rights in the Image nor claim the Image as your own work.

Grant of Licence and Use of Images. In consideration of your payment of the applicable fee, we grant to you a licence to use the Image. The scope of your permitted use of the Image will depend on the licence you have purchased, each of which is subject to its own terms as set out in the description for that licence in our pricing matrix (see Terms & Licences for details) (the "Licence Terms"). However, the following general provisions will apply to your use of any Image, in addition to the terms of Licence Terms:

• any licence granted to you may not be assigned, transferred or sub-licenced and you may not allow others to use the Image. As an exception, you may allow others to use the Image if it is necessary for them to do so to provide a service to you in connection with your use of the Image permitted under the Licence Terms. For example, if we have granted you a licence to use the Image in a hardback book, then you may allow the printer of that book to use the Image in the printing process;
• you may not distribute the Image or make it available for download by others, except to permitted service providers as described above;
• you may not use the Image in connection with any unlawful material (such as defamatory or fraudulent material or unlawful marketing communications) or any obscene, offensive, or immoral material;
• you may not modify or manipulate the Image in any way without our further written consent;
• you may not remove any metadata from any Image file;
• all uses of the Image must include the by-line "Photo Bodleian Libraries" with the shelfmark and folio/page number of the underlying work as supplied with the Image;
• each licence granted by us is non-exclusive, limited to the territory, usages, languages, period or other parameters specified. Any period specified starts from the date on which we grant you the licence.

CopyRight HubKeys: Our Images may contain embedded keys, which will be visible when those Images are displayed on a website, showing users the origin of the Images and enabling them to seek out their own licences of the Images. You may not remove any such embedded key from any Image without our consent.

Infringements. If you become aware of:

• any actual, threatened or likely infringement of the intellectual property rights in the Image, or unauthorised use of the Image, by any third party; or
• any allegation by any third party that the use of the Image infringes any rights of that third party,

then you must notify us immediately in writing, providing as much detail as possible.

Termination. The licence granted to you will automatically terminate if you are in breach of any of these Terms, and will expire at the end of the period specified for that licence (if any). On termination of the licence you must destroy and delete all copies of the Image which are in your possession or control, and shall cease all use of the Image.

Complimentary Copy. You must provide a complimentary copy of any product, publication, broadcast or reproduction made of any Image licensed to you to us within two (2) weeks after its creation. We may exhibit any publications which are so provided to us (provided that we shall refrain from such exhibition until after any applicable release date).

Inspection. We may at any time inspect any records or accounts relating to your use of the Images to ensure your compliance with these Terms of Service. We will give you reasonable written notice of any such inspection, and you will make such records or accounts available to us or out nominated representatives in such format as we may reasonably require.

7. The Parties' Obligations

Our obligations. We will provide the functions and services of our Site to you in accordance with the relevant Terms. Some of these functions and services may only be available to users who have registered with us.

Your obligations. In using our Site you must comply with the following:

• you confirm that you are authorised to contract with us on the relevant Terms, and to conduct any activities which you may conduct through your account. This means in particular that if you are an individual you are over eighteen years old or supervised by a parent or guardian and that if you are opening an account on behalf of a company or other business you are authorised by that business to act on its behalf;
• you may only use our Site for lawful purposes. You may not use it in any way that breaches any local or international law, for the purposes of fraud, or to transmit unsolicited advertising or spam;
• any information you submit at any time must be true and not misleading;
• you must not misuse our Site by introducing viruses or other malicious code to it or to our systems, nor try to gain unauthorised access to it or them, to any related systems or servers or to any related source code. You must not attack our Site through DDOS or otherwise. Breaching this provision would be a criminal act, which may oblige us to report you to law enforcement and provide them with such information as we may have about you; and
• you must keep your account and password login details secure, and not allow anyone else to use your account. If any activity takes place on your account then you are responsible for it. You must let us know immediately if you discover or suspect that someone else has accessed your account.

8. Our Liability to You

This section explains the ways in which our liability to you is limited and excluded.

• Where We Don't Limit or Exclude Our Liability - We do not limit or exclude our liability for anything for which we cannot lawfully limit or exclude our liability. For example, we do not limit our liability for death or personal injury caused by our negligence, or for fraud. This statement takes priority over the rest of this Section and the rest of the Terms.
• No Implied Terms - We provide access to our Site only on the Terms. To the fullest extent permitted by law, we expressly exclude any and all conditions, warranties and other terms which might otherwise be implied by statute, under common law, or otherwise. In particular, while we use our best efforts to ensure that the Images made available in the Picture Library are of works which are out of copyright, we do not warrant that any Image will be non-infringing and any Image is used at your own risk.
• Limitations of the Internet - You understand that there is some inherent instability in communications networks and that we may need to take down or maintain the Site from time to time. For that reason, you accept that access to our Site is permitted on a temporary basis and we will not be liable if it is unavailable for any reason. At the same time, our Site is provided "as is" and without any warranty. For example, while we do our best to correct defects and while we use commercially-available virus-checking software, we do not warrant that our Site will be uninterrupted, free from errors, or free from viruses or malicious code.
• Third Parties - We are not responsible or liable for the actions of third parties or your interactions with them. Third parties may include, for example, social media service providers, the developers of any device or software which you use to access our Site, or payment processing service providers.
• No Indirect or Consequential Loss - We expressly exclude any liability for any indirect or consequential loss, damage, costs or expenses incurred or suffered by you in connection with your use of our Site. We are not liable for losses, damages, costs and expenses that are not foreseeable to both you and us at the time you open your account with us or which are not caused by our breach.
• No Liability for Certain Kinds of Loss - We expressly exclude any liability for any loss, damage, costs or expenses incurred or suffered by you (in each case whether direct or indirect) if that liability comes within one of the following categories: loss of business, loss of revenue, loss of contract, loss of data, loss of reputation, or loss of profit. In summary, we are not liable for business losses.
• Cap On Liability - Our total aggregate liability to you in connection with your use of our Site will be limited in all circumstances (whether arising in negligence, including tort, breach of contract or otherwise) to a sum equal to the fees paid by you to us in the transaction in connection with which that liability arises.

9. Indemnity

If we are subject to any third-party claim as a result of your breach of any of your obligations under the Terms, as a result of your negligence, misrepresentation or other wrongful act, or as a result of your use of any Image, then you will indemnify us against that claim. "Indemnifying us" means you will indemnify us and hold us harmless against all costs, expenses, losses, damages or liabilities suffered or incurred by us as a result of or in connection with that third-party claim, including (without limitation) any legal and professional fees. You also agree to provide us with all reasonable assistance and information we may request from you in order to enable us to defend and settle the claim and mitigate our (and your) liability.

10. Disputes and Governing Law

The Terms and any contract between you and us on the Terms, are governed by the law of England and Wales. If any dispute arises between you and us in connection with your use of our Site, then you and we will attempt to resolve that dispute through discussion. If we are unable to resolve the dispute by discussion, then the courts of England and Wales will have exclusion jurisdiction over any claim relating to your use of our Site or any connected contract. However, if you are not resident in England or Wales then we reserve the right to bring proceedings against you in any court in your country of residence.

11. Links

Linking to our Site. You may link to our Site provided that you do so in a way that is fair and legal. You may not link to our Site in order to damage or take advantage of our reputation or to suggest any false form of association, endorsement or relationship between you and us. You may not "hotlink" to our Site or to any content on it, nor embed or frame any part of our Site or any such content on any other site. If we ask you to stop linking to our Site then you must do so immediately.

Third party links. Our Site contains links to various third party sites and resources. We have no control over these or over any service provided by those third parties. You use them at your own risk. In particular, where our Site integrates any third-party social media functions, then your use of those functions is governed by the applicable terms of the relevant social media provider.

12. Revisions

We may revise any of our Terms at any time. You should check our Terms for changes from time to time. By continuing to use our Site you will be accepting our revised terms.

13. General Legal Provisions

Entire Agreement. Any contract between you and us constitutes the entire agreement between the parties in relation to its subject matter. Each party acknowledges that in entering into the contract it does not rely on any representation or warranty not set out in these Terms.

Assignment. We may transfer our rights and obligations under our contract with you to another organisation. We will always tell you in writing if this happens. You may only transfer your rights or your obligations under your contract with us to another person if we agree to this in writing.

Severance. Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them (or any part-provision) are unlawful, the remaining provisions (or part-provisions) will remain in full force and effect.

No Waiver. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Third Party Rights. A person who is not a party to any contract under the Terms shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of them.

14. Contact Us

If you have any questions about these Terms of Service, or about any order placed by you under these Terms of Service, then please email us at bodleianimages@bodleian.ox.ac.uk or telephone us at +44 (0)1865 277061.