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Terms and Conditions

 

Terms of Use

Access to, and use of this Site (as defined below 4.1.6) is provided by ITV plc ("ITV") subject to the following terms and conditions of use ("Terms").

1. By logging into and using this Site, the User (as defined below 4.1.8) agrees to be legally bound by these Terms. If the User does not agree to be legally bound by these Terms, the User should not use and/or access this Site. ITV reserves the right to change these Terms at any time at its sole discretion by posting changes on this site. The User's continued use of this Site after changes are posted constitutes the User's agreement to be legally bound by these Terms as updated and/or amended.

2. Unauthorised copying, reproduction, republishing, selling, posting, transmission or duplication of any material is strictly prohibited unless specifically permitted under these Terms.

About this Site

3. This Site is a UK based business-to-business Site administrated by the ITV Picture Desk on behalf of ITV. The ITV Picture Publicity Managers are authorised by ITV to upload and manage the availability and accuracy of photographic digital images on to the Site. The Site has been established in order to make Material (as defined 4.1.3) owned and/or controlled by ITV available via the internet for use free of charge in the UK, only by Authorised Publications (as defined below) where such use promotes ITV and/or its programming. The Material on this Site relate to ITV's current programme output, so is regularly removed and archived when a programme has been broadcast.

Definitions

4.1 The following expressions have the following meanings:

4.1.1 "Authorised Publication" means printed and distributed publications, websites, EPG guides and mobile telephony services operating in the UK (such as smartphone Apps), with a circulation in the UK and accessible in the UK.

4.1.2 "Caption Information" means text information embedded in photographic digital images (usually in the IPTC field) regarding the Relevant Programme (and the Material) including without limitation copyright information, specific embargoes (as defined below) and the identity of photographers and/or the Material rights owners. The Caption Information also contains contact details of the relevant ITV Picture Publicity Manager assigned to that specific Material and Relevant Programme

4.1.3 "Material" means all materials on this Site including but not limited to photographic digital images, illustrations, logos, trademarks and caption information originated by mechanical, digital or electronic means.

4.1.4 "Permitted Use" means the reproduction and publication of Material for the purposes of and directly in connection with the promotion of the transmission of a Relevant Programme.

4.1.5 "Relevant Programme" means the television programme named in the Caption Information attached to any Material on this Site.

4.1.6 "Site" means the website accessible through the internet domain name www.itvpictures.com (and www.itvpictures.co.uk).

4.1.7 "UK" means the United Kingdom of Great Britain and Northern Ireland, the Channel Islands and the Isle of Man.

4.1.8 "User" means the named individual or business registered and granted access to, and authorised to use this Site by ITV in accordance with ITV's User Registration Procedure (as defined below 13.1).

4.1.9 "Window of Use" means the period during which Material for a Relevant Programme may be downloaded, reproduced and published. For the purposes of clarity, the Window of Use timeframes are defined under 4.1.11.

4.1.10 "Transmission" refers to the date and time a Relevant Programme is broadcast by ITV.

4.1.11 Note: The day of transmission is counted as one day.

  • Saturday transmission: Permitted Use of Material can be from 5 days before (i.e. the previous Tuesday) until two weeks after the transmission of a Relevant Programme.
  • Sunday transmission: Permitted Use of Material can be from 6 days before (i.e. the previous Tuesday) until two weeks after the transmission of a Relevant Programme.
  • Monday transmission: Permitted Use of Material can be from 7 days before (i.e. the previous Tuesday) until two weeks after the transmission of a Relevant Programme.
  • Tuesday transmission: Permitted Use of Material can be from 8 days before (i.e. the previous Tuesday) until two weeks after the transmission of a Relevant Programme.
  • Wednesday transmission: Permitted Use of Material can be from 9 days before (i.e. the previous Tuesday) until two weeks after the transmission of a Relevant Programme.
  • Thursday transmission: Permitted Use of Material can be from 10 days before (i.e. the previous Tuesday) until two weeks after the transmission of a Relevant Programme.
  • Friday transmission: Permitted Use of Material can be from 11 days before (i.e. the previous Tuesday) until two weeks after the transmission of a Relevant Programme.

If ITV decides the Window of Use for any specific Material should be different to the above timeframes, a Specific Embargo (as defined in 4.2) will be clearly indicated within the Caption Information of that Material.

4.2 "Specific Embargo" is a specifically defined Window of Use for any Material and is clearly asserted by ITV in the Caption Information of Materialby the appropriate ITV Picture Publicity Manager. Failure to comply with any Specific Embargo by a User may and can result in ITV suspending or removing the User from further access to the Site.

4.5 "Site Adminstrator" is the individual employee of ITV who has been authorised by ITV to administer and manage the Site, and all Registration Procedure issues. The Site Administrator is itvpicturedesk@itv.com

4.4 Other defined expressions shall have the meanings given to them elsewhere in these Terms.

Ownership of Material

5. All Material on this Site is protected by copyright law and other intellectual property rights licensed to and/or owned and/or controlled by ITV.

Licence/Permitted Use

6.1 Conditional upon the User's compliance with these Terms, ITV grants to the User one non-exclusive, non-transferable licence ("Licence") to download one copy only of any Material from the Site ("Downloaded Material") and to reproduce and publish such Downloaded Material for UK editorial use only; in accordance with the Permitted Use during the Window of Use in an Authorised Publication.

6.2 Solely in connection with any Permitted Use, the User shall be entitled to crop Downloaded Material for the purposes of page layout, provided always that such cropping or manipulation does not involve changing or modifying the content of Material in a manner which alters the visual appearance of the person photographed which is deemed detrimental or inappropriate by ITV.

Restrictions on Use

7.1 Material, whether downloaded or otherwise, may not be used other than as specifically permitted under these Terms and in particular, but not by way of limitation, the following is strictly prohibited:

7.1.1 Material may not be used other than for the Permitted Use and, in particular but not by way of limitation, may not be used for advertising or merchandising purposes or to promote any products and/or services (other than ITV's programme output) or in connection with competitions.

7.1.2 Material may not be used other than by the User of an Authorised Publication.

7.1.3 Material may not be used outside the Window of Use and, accordingly, must be removed from any website at the end of the Window of Use.

7.1.4 Material may not be used where the purpose of such use is to illustrate any general editorial items that do not relate directly to the transmission of a Relevant Programme.

7.1.5 Material may not be used in relation to any programme other than a Relevant Programme and in particular, but not by way of limitation, in relation to any programme produced and/or broadcast by any producer and/or broadcaster other than ITV or other ITV companies. For the avoidance of doubt, this restriction applies in relation to any programme produced and/or transmitted by any producer and/or broadcaster other than ITV even if an artiste or other person appearing in any Material appears in such other producer's and/or broadcaster's programme.

7.1.6 Material may not be used in such a way which is defamatory of ITV or any third party or which might give rise to a cause of action by any third party or which is derogatory or critical of ITV, a Relevant Programme or any other ITV television programme or any person, company, product, service or business featured in the Material or any person involved in or appearing in any Relevant Programme or any other ITV television programme.

7.1.7 Material may not be re-sold, syndicated, sub-licensed, distributed or transferred by the User to any third party whatsoever, whether such third party is a publication/website in the Authorised User's group of publications/websites or otherwise, without the express written permission of the Site Administrator.

7.1.8 Material may not be downloaded for use outside the UK.

7.1.9 Material may not be altered, modified, retouched, edited, manipulated, or dis-assembled or changed in any other way whatsoever (save as specifically permitted under Clause 6.2 above).

7.1.10 The removal or alteration of Caption Information.

7.2 Any use of Material other than as specifically permitted under these Terms is expressly prohibited unless the User obtains the prior agreement of the ITV Picture Publicity Manager assigned to that specific Material. The User should contact them in accordance with 20.

User's Obligations

8. The User shall:

8.1 Ensure that Material when reproduced is always editorially visibly credited to ITV and/or individual photographers and/or copyright holder as stipulated in the Caption Information, (the exception being the reproduction of small images on "pick-of-the-day" or similar TV billings pages).

8.2 Ensure that Material used on a website always carries a copyright line in accordance with the copyright line set out in the Caption Information. For ITV owned Material, this will be "© ITV".

8.3 Remove any Material reproduced on a website at the end of the Window of Use.

8.4 Ensure that Material is not used outside the Window of Use for the purposes of which the User shall be responsible for checking intended transmission dates for a Relevant Programme and any changes to intended transmission dates.

8.5 Comply with all other obligations on the part of the User as set out elsewhere in these Terms.

Reproduction Fees

9. ITV will not charge the User for downloading, reproducing and publishing Material for the Permitted Use provided always that the User is and remains in compliance with all of the provisions of these Terms. In addition to any other rights and remedies it may have, ITV reserves the right to charge for unauthorised use in accordance with the rates set by the ITV Archive Manager (who can be contacted via the Archive Section on this Site).

Storing or Archiving Material From This Site

10. Any Material downloaded from this Site and stored or archived may not be reproduced and/or published before or after the Window of Use under any circumstances without ITV's express prior agreement. In addition to any other rights and remedies it may have, ITV reserves the right to charge for reproduction of ITV copyrighted Material outside the Window of Use in accordance with the rates set by the ITV Archive Manager (who can be contacted via the Archive Section on this Site).

10.1 Any Material licensed to ITV, for Permitted Use in an Authorised Publication and under these Terms, by any third party copyright holder, must not be stored, archived and / or reproduced and/or published before of after the Window of Use under any circumstances without the express written permission of the copyright holder of the supplied Material.

Termination

11.1 ITV, in its sole discretion, shall be entitled at any time with or without notice to suspend and/or terminate any Licence, password, account (or any part thereof) or current and/or future use of the Site, for any reason whatsoever (including without limitation the User's failure to comply with any of the Terms) without any liability whatsoever to the User or to any third party ("Termination").

11.2 In the event of Termination:

11.2.1 the User must (a) cease using the Site and any Downloaded Material; and (b) delete all Downloaded Material and all copies from all magnetic media and destroy all other copies or at ITV's request return all such copies to ITV.

11.2.2 without prejudice to any other rights and remedies ITV may have against the User, ITV shall be entitled to charge the User a use fee/fees in accordance with ITV's rate card.

Modification/Discontinuation of the Site

12. ITV may in its sole discretion and at any time, with or without notice, modify or discontinue, temporarily or permanently, this Site (or any part thereof) and/or any service provided under this Site without any liability whatsoever to the User or to any third party for any such modification or discontinuation.

Registration Procedure

13.1 In order to become a User of this Site, ITV's registration form on this Site must be completed ("Registration Procedure").

13.1.1 ITV reserves the sole right to refuse access to the Material on this Site. All registration issues are settled by itvpicturedesk@itv.com

13.1.2 Unless agreed in writing by ITV, the minimum requirement for access to Material on this Site is that a User is a UK based companies registered at Companies House (as an indication of type of registered business activity and contact details).

Unless agreed in writing by ITV, access to Material on this Site is not granted to members of the public, sole traders, photographers, Public Relations companies, news syndication services and/or agencies, production companies, design agencies, retail companies, non-UK based companies and television and radio broadcasters.

13.2 Every applicant to become a user of this Site must:

13.2.1 Provide true, accurate, current and complete information as prompted by the Site's registration form (such information being the "Registration Information").

13.2.2 Maintain and promptly update the Registration Information so that it remains true, accurate, current and complete.

13.3 If any information provided as part of the Registration Procedure is untrue, inaccurate, misleading, not current or incomplete, or ITV has reasonable grounds to suspect that such information is untrue, inaccurate, misleading, not current or incomplete, ITV has the right to refuse any application to open a user account and/or suspend and/or terminate any existing user account and refuse any and all current or future use of the Site.

13.4 On satisfactory completion of ITV's Registration Procedure, which includes the applicant User's acceptance of these Terms, the applicant User will be supplied with a username and password, for the purposes of which the User acknowledges, undertakes and agrees:

13.4.1 That the password provided for use with the Site is personal to the User and is supplied to the User subject to the User's agreement to abide by these Terms.

13.4.2 To keep such password secure at all times.

13.4.3 That the User shall be fully responsible for all activities that occur under that password or account.

13.4.4 not to allow any other person to use the User's password or gain access to the Site using the User's details or the password provided to the User.

13.4.5 to notify ITV immediately of any unauthorized use of the User's password or account or any other breach of security.

Privacy of Registration Information

14. ITV has produced a privacy statement in order to demonstrate its firm commitment to respecting User privacy and personal information. Please see the separate PRIVACY POLICY on the Site which outlines the information that ITV may collect and how ITV may use that information.

Information about ITV and its Programming

15. Notices relating to ITV and its programme output may be sent to the User via either email or regular mail using details supplied in the Registration Information. If the User does not wish to receive this information, or if the User wishes to cancel this service, please email the Site Administrator.

Disclaimers and Limitations of Liability

16.1 ITV is not responsible or liable for any infections or contamination of the User's system; or delays, inaccuracies, errors, or omissions arising out of use of this Site or with respect to the Material contained on this Site. This Site and all Materials contained on it are provided "as is" and on an "is available" basis without any representation or endorsement made and without warranty of any kind, either express or implied, including, without limitation, warranties of title or the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Accordingly, the entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Material or use of the Site rests with the User and not with ITV.

16.2 ITV does not warrant that functions contained in the Material or any other content in this Site will be uninterrupted or error free, that defects will be corrected or that the Site and the server that makes it available are error free.

Indemnity

17. The User shall indemnify and keep indemnified ITV from and against all claims, losses, damages, expenses, costs (including without limitation legal costs) and liabilities arising directly or indirectly in connection with the User's use of any Material, or entry to and/or use of this Site or by reason of the breach by the User of any of these Terms.

Links

18. This Site may provide links to access other sites owned and run by ITV. These sites may have separate terms and conditions (and may have separate privacy policies) applicable to use of those sites. Further, this Site may provide links to access other sites or resources unconnected with ITV. As ITV has no control over such sites and resources, the User acknowledges and agrees that ITV is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials, or services on or available from such sites or resources. The User further acknowledges and agrees that ITV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Use of Names and Logos

19. The names, images and logos identifying ITV or any third party and/or their products and services are the proprietary marks of ITV and/or third parties and may not be downloaded or used in any manner whatsoever except for the specific purpose of complying with the User's obligation under these Terms to give acknowledgement, in accordance with the Caption Information, when reproducing any Material.

Contacting ITV

20. Any User with questions about these Terms and/or the practices of the Site can email itvpicturedesk@itv.com. Caption Information contains contact details of the relevant ITV Picture Publicity Manager assigned to that specific Material and Relevant Programme. A full list of ITV Picture Publicity Managers is also listed under the "Contact Us" section of the Site (available after log in).

Copyright Of This Site

21. This Site is owned, controlled and operated by ITV. All web site design, text, graphics, the selection and arrangement thereof: © 2003 ITV plc All Rights Reserved.

Miscellaneous

22.1 Notices to the User may be made either by email or regular mail using details supplied in the Registration Information.

22.2 If any of these Terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remaining Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

22.3 The headings in these Terms are for convenience only and shall not limit or govern or otherwise affect the interpretation of these Terms in any way.

22.4 Any contract arising between ITV and the User as a result of the User's use of this Site is enforceable by ITV (its successors in title and assigns) and the User. Any rights of any person to enforce the terms of such contract pursuant to the Contracts (Rights of Third Parties) Act 1999 are excluded.

22.5 Any contract arising between ITV and the User as a result of the User's use of this Site is personal to the User and the User shall not be entitled to assign, license or otherwise transfer such contract to any third party.

22.6 These Terms and any contract arising between ITV and the User as a result of the User's use of this Site shall be governed by and construed in accordance with the laws of England and Wales and the parties accept the non-exclusive jurisdiction of the English courts over any claim or matter arising under or in connection with these Terms.

Registered no.: 4967001 
Registered address: The London Television Centre, Upper Ground, London SE1 9LT