Terms of Use

NITB Photographic Library is operated by the Northern Ireland Tourist Board, with registered offices at Saint Anne's Court, 59 North Street, Belfast BT1 5AD, hereafter referred to as NITB.

Notice to User

This is a legal Agreement between You and NITB, in which You agree to be bound by the Terms and Conditions of this Agreement.

Below are the terms and conditions that bind your use of the NITB Photographic Library.

Please read this Agreement in full before you continue to use this Photographic Library, register or download images. By clicking on the button that stipulates agreement to the following terms and conditions and using this Photographic Library, You agree to be bound by the terms and conditions of this Agreement. If You do not agree, click the Cancel Button to decline this Agreement and discontinue viewing this Photographic Library.

Ownership of the NITB Photographic Library

This Photographic Library and all contents are owned and operated by NITB. All of the content featured or displayed on this Photographic Library, including, but not limited to, text, graphics, photographs, Digital Images, all other images, animated images, sound, illustrations and software ("Content"), are owned perpetually by NITB.

Digital Images means Low Resolution Digital Imagery and High Resolution Digital Imagery available to download from the NITB Photographic Library which may be offered for the purpose of Reproduction.

High Resolution Imagery means high resolution imagery and/or film clips available for downloading from the NITB Photographic Library which may be offered for the purpose of Reproduction.

Low Resolution Imagery means low resolution images and films clips available for downloading from the NITB Photographic Library which may be offered for the purpose of Reproduction.

Software means any software programme or code provided by NITB in order to support the use of Digital Images which are obtained by You from the NITB Photographic Library which may be offered for the purpose of Reproduction.

Reproduction of Imagery

Reproduction means any form of publication or copying of the whole part or part of any Image whether altered or not, and derived from any Image whether by printing, photography, slide projection, xerography, layout or presentation, electronic or mechanical reproduction or storage by any other means.

All elements of the Photographic Library, including, but not limited to, the general design and the Content, are protected by trade copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written agreement with NITB, no portion or element of this Photographic Library nor its Content may be copied or retransmitted via any means by any other unauthorised party. This Photographic Library, its Content and all related rights shall remain the exclusive property of NITB. You shall indemnify NITB Against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorised use of the Content and related rights.

When You download Image files from the Photographic Library, or receive Image Files from NITB through the Photographic Library or any other media, You agree to accept all the terms of this Agreement. No variation of terms and conditions shall apply unless agreed in writing by NITB.

Reproduction is limited to the use, period of time, language and territory specified on NITB's written Confirmation of Permission to You. The copying or Reproduction by whatever means of the Image is forbidden other than the means defined in this Agreement.

Except as permitted by law, You may not de-compile, reverse engineer, disassemble or otherwise alter any Image owned by NITB.

Confirmation of Permission

NITB will issue a Confirmation of Permission to You when you complete Registration details and become a Registered User of the Photographic Library. NITB will specify the limitations of usage and not for profit, non-commercial restrictions which apply to the Reproduction of Imagery in publishing, transmitting or broadcasting the Imagery.

Non-exclusive Rights and Permissions

If NITB grants You the right or permission to Reproduce an Image or Images, non-exclusive rights or permissions will be granted for a geographical distribution limited to the territory in which the Agreement is granted.

Reproduction of an Image shall not be assigned by You, nor may any Image supplied to You be loaned or transferred to third parties except for the purpose of the exercise of Reproduction of the Image.

If NITB grants You the right or permission to Reproduce an Image, this does not constitute a sale nor does it constitute partial nor other assignment of the copyright. The Images in all formats remain the perpetual physical property of NITB and the perpetual intellectual property of NITB.

Nothing in this Agreement constitutes a partnership, agency relationship or joint venture between NITB and YOU.

Acknowledgement of NITB Copyright

When you Reproduce an Image owned by NITB, You will include a copyright notice and acknowledgement adjacent to the Image which will adhere to the format: copyright Northern Ireland Tourist Board, 2010.

You will not use the name Northern Ireland Tourist Board nor NITB or any similar name in any manner in connection with any Reproduction, except as part of the acknowledgement required as stated above.

You will not loan, rent, deliver, supply, sell, sub-license or otherwise dispose of any Image without prior written consent of NITB.

Publication and/or transmission of an Image

You must provide NITB with 2 (two) complimentary copies of the publication in which the Reproduction appears within 30 (thirty) days of publication. In the case of electronic or web transmission, You must confirm in writing the live link/path to the Image in position.

Digital Images do not need to be returned to NITB but You must, if requested by NITB, destroy or delete an Image from Your server. You must obtain written permission from NITB to archive digital files.

You and a Third party

If Your actions are on behalf of Your Employer or another Third Party, then the Terms and Conditions of this Agreement apply to You, Your Employer or other Third Party.

Indemnity

You agree to indemnify NITB against any claims and expenses arising from Your use of an Image.

Except as may be otherwise expressly stated in these terms and conditions, NITB exclude to the fullest extent permitted by law, any warranty, express or implied, regarding the contents of this Photographic Library or its availability. NITB will not be liable for any damages arising from the use of this Photographic Library or its unavailability, including but not limited to lost profits and direct, indirect, incidental, punitive and consequential damages.

The Terms and Conditions set out in this Agreement, together with NITB's written Confirmation of Permission, represent the entire Agreement concerning NITB's supply of Images to You.

Unless expressly permitted by this Agreement, You will not undertake any obligations on NITB's behalf nor expose NITB to any liability nor pledge nor undertake to pledge NITB's credit.

Privacy Policy

NITB respects your rights to privacy and utilises the following practices in regards to any information we are provided or obtain about users of this Photographic Library in strict accordance with the UK Data Protection Act.

In order to fulfil licensing transactions or provide service to you as a customer of NITB, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number, email address and credit card details.

By providing this information to NITB, you are agreeing to allow us to utilise this information to complete all transactions you request through this Photographic Library and to disclose that information and details of all such transactions to appropriate NITB personnel.

Registration

When you provide any personal registration information this will remain private within NITB and your previous transactions will be held within your personal use profile.

Disclaimers

This Photographic Library and its Content are provided "as is". NITB excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of this Photographic Library are not warranted to be uninterrupted or error-free. You will assume the entire cost of all necessary servicing, repair or correction due to Your use of this Photographic Library.

Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on this Photographic Library, or as otherwise required by applicable law, neither NITB nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this Photographic Library or the Content whether or not we have been advised of the possibility of such damages.

NITB uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

Legal Jurisdiction

This Agreement shall be interpreted, construed and governed by the laws of Northern Ireland without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts. Venue for all disputes arising under this Agreement shall lie exclusively in the Courts of Northern Ireland. Each party agrees to the jurisdiction of these courts. Notwithstanding the foregoing, however, NITB shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-UK court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of NITB, such action is necessary or desirable.

No action of NITB, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

NITB reserve the right to change these Terms and Conditions of Use, the Privacy Policy, information and available contractual licence terms featured on this Photographic Library without notice. These conditions set out the entire agreement between NITB and You relating to your use of this Photographic Library.

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