Picture Library and Artist Agency
Terms & Conditions

Prodigar Ltd. Site Terms & Conditions of Use
 
Latest update: January 2014
 
PLEASE READ CAREFULLY AND FULLY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE OR OBJECT TO ALL OR PART OF THESE TERMS, YOU MUST NOT USE THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE AND ACKNOWLEDGE TO BE BOUND AND ABIDE BY THE TERMS AND CONDITIONS DESCRIBED HEREIN.
 
THIS TERMS AND CONDITIONS ESTABLISH A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU (“THE USER”) AND PRODIGAR LTD. (“THE COMPANY”),
 
 
Proprietorship of the Site and its Content
This website, Prodigar Ltd., is owned and controlled by Prodigar, a company registered in England.  All features of the site, comprising but not limitative, the Content, all intellectual property, all images are protected by copyright. In order to secure and safeguard the Content provided by our contributors, all images have been marked by a watermarked.
 
General use of the site - General use of Content
All the Content featured on the Site, including but not limitative to, photographs, images, paintings, illustrations, vector files, fonts, texts, graphics and any other digital material are defined as "Content".  The Content is accessible on this website for our client to review and define the viability of our images for a plausible purpose such as; using, reproducing, transferring or displaying after having received a written license from Prodigar Ltd.  It is obligatory that you obtain a written license from Prodigar Ltd. before making any commercial use such as but not limitative; selling, reproducing, displaying, transferring, distributing, supplying or otherwise using any Content in any way, comprising, without limitation, print or electronic reproduction, publication or any demonstration of Content.
 
Furthermore, you are unambiguously prohibited from:
- Registering, unregistering, trying to register, subscribing or unsubscribing any party for any Prodigar Ltd. product or service if you are not explicitly authorized by Prodigar Ltd. to act as such;
- Making use of any of the Prodigar Ltd. Content such as, copying, downloading, or re-transmitting without a prior written license or agreement with Prodigar Ltd.;
- Making use of any files extracting software, machines or any comparable data collection;
- Making using of the Site, the images or any of the Prodigar Content in opposition to its intended purpose.
 
 
Permitted usage and use of the Site
The website and all the Prodigar Ltd. Content are proposed for clients and members of Prodigar Ltd. exclusively.  You must not use this website or any of the Prodigar Ltd. Content if your intention are not directly related to your business with Prodigar Ltd.
 
THE COMPANY allows and grants the USER a strict personal, non-transferable and non-exclusive license to use and copy the Content selected onto its computer. The granted USER can make use of the Content on one single computer and with one single user at a time.  The Content shall only be copied, altered and implemented in materials for mockup use including comprehensive layouts.  The Content shall only be used in any final materials distributed internally or to the public when the image(s) have been purchased and an appropriate written license has been obtained from Prodigar Ltd.
All rights are reserved to THE COMPANY.  
 
Other than for Composition Use, mockup use, Content shall not be used in any commercial way, until a written license notifying and granting usage rights is issued and paid in full to Prodigar Ltd.
 
In regards to additional rights about an image previously purchased from Prodigar Ltd., USER must contact THE COMPANY at info@prodigar.com to obtain a written license before making any additional use.
 
General Restrictions for use
The following uses are undoubtedly  forbidden:
 
 
General Disclaimers
THE COMPANY PROVIDES NO RIGHTS OR WARRANTIES IN REGARDS TO THE USE OF TRADEMARK, NAMES, LOGO TYPES, REGISTERED OR COPYRIGHTED DESIGNS OR WORKS OF ART PORTRAYED IN ANY IMAGE. THEREFORE THE USER UNDERSTAND AND ACKNOLEDGE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSION MIGHT BE PREREQUISITE FOR REPRODUCTION TO BE SECURED. THE COMPANY RECOGNIZES THE CAPTION FOR EACH IMAGE, TO THE BEST OF ITS CAPABILITY, BUT CANNOT AND WILL NOT BE HELD RESPONSIBLE FOR INCORRECT, ERRONEOUS, INNACURATE OR INCOMPLETE CAPTION INFORMATION. NO MODEL RELEASES OR OTHER RELEASES ARE AVAILABLE ON ANY IMAGES UNLESS THE AVAILABILITY OF SUCH RELEASE IS SPECIFIED IN WRITING BY THE COMPANY. ALL DIGITAL FILES ARE PROVIDED "AS IS."
 
THE COMPANY CANNOT MAKE REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDED BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, QUALITY OF IMAGE, OR COMPATIBILITY WITH ANY COMPUTER HARDWARE OR OTHER EQUIPMENT, OPERATING SYSTEM OR SOFTWARE PROGRAM.
 
THE COMPANY MAKES NO REPRESENTATION OR WARRANTIES THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU UNDERSTAND, AGREE AND ACKNOWLEDGE THAT THE USE OF THIS SITE IS AT YOUR VERY OWN RISK.
 
 
Disclaimers
PRODIGAR SITE AND ITS CONTENT ARE DELIVERED "AS IS" AND PRODIGAR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT ITS IMAGES OR WEBSITE INCLUDING, BUT NOT LIMITATIVE TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW. Whereas Prodigar Ltd. uses intelligent works to ensure the correctness of all Content, it makes no representations or warranties as to the correctness, or dependability of the Content. Therefore you agree and acknowledge that the usage of this website is at your very own risk. Prodigar Ltd. and its officers, directors, employees, affiliates, licensors and representatives, will not be liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or the Content.
 
Sensitive use Disclaimer
Licensee shall not use any of the Content in any manner that would be considered offensive or distasteful to the model. Offensive uses comprise but are not limited to the use of a Content that includes or implies unlawful activities, medical conditions, other health and mental health problems, substance abuse, welfare or economic aid, dating agencies, sexual preference, teen pregnancy, abortion and adoption, political or religious affiliation, smoking or alcohol usage, feminine hygiene, incontinence or impotence.
 
If any Content representing a model is used in (1) a manner that would lead a reasonable person to consider that the model itself uses or endorses a product or service; or (2) in relation with a subject that would be unflattering or debatable to a reasonable person, Licensee must accompany each such use with an clear statement that indicates that the “person so pictured is a model and the Content is used for illustrative purposes only”.
 
Copyright Complaints
If you trust that any Content on the Site infringes upon any copyright that you own or regulate, you shall file a report of such infringement with Prodigar Ltd. as set forth below:

Copyright Agent
Prodigar Ltd.
153 Pierpoint Building
16 Westferry Road

London,
E14 8NQ
England                            
E-mail: info@Prodigar.com
 
 
Indemnification
In case an image would be used, reproduced, replicated, copied, displayed, transmitted, distributed or otherwise exploit Content, or any portion thereof, without a prior written license from Prodigar Ltd., or if you otherwise trespass any intellectual property rights relating to Content and to this website, you acknowledge and agree to indemnify and hold Prodigar Ltd., it’s affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys charges, incurred by them as a result of unauthorized use of the Content and/or your breach of this terms of this Agreement.
 
Limitation of Liability
IN NO EVENT AND UNDER NO CIRCUMSTANCES THE COMPANY, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR THE OWNER OF THE IMAGES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES AS A RESULT OF THE USE OF THIS SITE OR FROM YOUR ACCESS OR USE OF THE IMAGES ON THIS WEBSITE. IN ANY EVENT AND UNDER NO CIRCUMSTANCES THE LIMIT OF LIABILITY OF THE COPYRIGHT OWNER OF THE IMAGE AND THE COMPANY SHALL BE THE FEE PAID FOR THE IMAGE TO THE COMPANY.
 
Unlicensed use and Retrospective License Fee
Any use of the Prodigar Ltd. Content in a way that is not explicitly approved by this Agreement or in violation of a term regarding this Agreement represents copyright infringement, such unauthorized use allows THE COMPANY to exercise all rights and solutions available to it under copyright laws around the world. USER is responsible for any damages resultant from any such copyright violation, including any claims by a third party. In addition and without prejudice to THE COMPANY other remedies under this Agreement, THE COMPANY reserves the right to charge USER and USER agrees to pay a fee equal to ten times THE COMPANY normal license fee for non authorized use of the Prodigar Ltd. Content.
 
Privacy Policies
Any information gathered about USER and client in connection with license will only be utilized to provide licenses to the clients. The Company shall also send you email or otherwise information about our latest products, services or other promotions. If you do not want to receive such information, you shall either amend your online registration or account profile or contact us at info@prodigar.com. Prodigar Ltd. does not share any information you provide us with anyone other than Prodigar Ltd affiliates and as may be indispensable for payment managing.
 
Prodigar is devoted to protecting your privacy. Please review our Privacy Policy for information on how we gather, use and disclose personal information.
 
Termination of license
THE COMPANY reserves the right to terminate as its sole discretion any license issued by it without notice if a customer or its employee fails to fulfill with any provision of this agreement or any license agreement issued by THE COMPANY. Upon termination of the license, customer or its employee(s) must immediately stop using the Prodigar Ltd. Content and delete all Prodigar Ltd. Content and all copies from all images. THE COMPANY reserves the right to cease the use of any Content for any reason and elect to replace the Content with an alternate Image. Upon notice of any discontinuance of the use of a particular Content, you, your employer and your client, if applicable, acknowledge and agree not to use the Content in the future.
 
Pricing
All prices can be changed at the complete sole discretion of Prodigar Ltd., without notice. Prodigar Ltd. reserves the right to modify its prices due to fluctuating market, inaccuracies in advertisements or announcements and other exceptional circumstances.
 
Return Policy
The following applies to all purchases:
 
 
Other Terms
This Agreement shall be ruled by the laws of England without giving effect to any principles of conflicts of law.  Any claim or proceeding arising under or otherwise concerning this Agreement shall exclusively be brought in England and you consent to personal jurisdiction.
 
No Assignment
This agreement is at any time transferable or assignable on the part of the USER.
 
No waiver
No action of THE COMPANY, except express written waiver, might be interpreted as a waiver of any provision of this Agreement.
 
Entire Agreement
This Agreement and the License encompasses all the terms of the agreement between THE COMPANY and the USER and any term or conditions may be added or removed except through writing and signed by both parties.  In case any discrepancy between the terms contained herein and the terms contained on any purchase order or other writing sent by USER, the terms of this Agreement must remain in full force at all time.

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