OUR STANDARD TERMS
These are the standard terms of the Dental Image Library (“us” or “we”) granting a licence for the Reproduction of Dental Images which may be downloaded and purchased through our website at www.dentalimagelibrary.com ( “our Website”).
If you purchase a licence from us (through our online shopping and payment mechanism on Our Website) you are agreeing to abide by these licence terms to the limits on Reproduction described in your chosen Licence Plan and any Additional Licence Conditions indicated or referred to on Our Website for any given Dental Image.
If these terms are not suitable for your needs we may be willing to agree alternative terms by individual negotiation at additional cost. If this applies to you, please email us at firstname.lastname@example.org before taking out your licence with your contact details and an explanation of your requirements and we will endeavour to respond to your query as soon as we can.
Licence Plan means the licence plan that you select for the use and Reproduction of each Dental Image.
Dental Image means the illustrations that you have added to your shopping basket on our Website the Reproduction of which you wish to licence from us.
“Reproduction” and “Reproduce” means any form of copying or publication of the whole or a part of any Medical Image, via any medium and by whatever means, the distortion, alteration, cropping or manipulation of the whole or any part of the Dental Image and the creation of any derivative work from, or that incorporates, the Dental Image.
Additional Licence Conditions means any constraints or other conditions that any given Dental Image may be subject to as indicated on our Website for any given Dental Image.
Pricing Plan means any Pricing Plan that we publish from time to time for any given Dental Image which links the price you pay to Reproduce it to the extent of the right to Reproduce it.
Payment Gateway Costs the fees we incur and pay to payment service providers such as PayPal, banks and credit card companies and other financial institutions for handling payments of money due to us from you.
Extent of Your Licensed Use
You may not Reproduce or otherwise use the Dental Image for a Prohibited Use (see below).
We do not time limit your licence unless and to the extent we indicate otherwise in the Licence Plan or in any Additional Licence Conditions or in the Pricing Plan, so normally this means there is no expiration or end date on your rights to Reproduce the Dental Image.
You will not be obtaining the exclusive right to use the Dental Image If you are interested in obtaining this right then please contact us to establish what may be possible.
Our Dental Images are licensed to you on the basis that they are only to be Reproduced and embodied into other content forming part of a single project that you or your client are involved in.
We are not licencing you to resell the Dental Image as a stand-alone file in whole or part for use outside of the project which you have acquired the Dental Image for.
You may not Reproduce the Dental Image for reward in competition with our business.
In no circumstances will you supply a Dental Image to others as part of a medical image library of any kind.
Recognising who created the Medical Image
You must never indicate that you are the original creator of a Dental Image and if it forms part of or is embodied in another larger original work you must clearly ensure that viewers or readers are not mislead as to its origination, you could do this for example by providing due recognition and explanation as part of the credits to the work of which it forms part.
You agree not to use or Reproduce the Dental Images for any purpose or in any way which is illegal, defamatory, disparaging, actually or potentially hurtful or harmful, pornographic or which promotes harm, hate or violence or is a derogatory treatment of the Dental Image that you have obtained from us.
You may not Reproduce the Dental Image on any social media site online platform that claims the right to use content posted on that platform (i.e. the Dental Image) for any use beyond the terms of this licence.
We warrant that to the best of our knowledge information and belief your use of the Dental Image in accordance with the terms of this licence will not infringe the copyright of any third party and moral rights of any third party.
Our standard licence cover a very wide number of potential uses for the Dental Image so we do not warrant to you that your Reproduction of the Dental Image is fit for your intended purpose even if you inform us of that intended use or purpose.
Save as stated above the Dental Images are provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to, implied representations, warranties or conditions as to quality. You agree that in all the circumstances and given the price you pay for a licence of the Dental Image this is a reasonable position.
The Licence is granted to you not to anyone else
Our business model and pricing is based on licensing content repeatedly to numerous customers on a limited basis. You acknowledge and accept that if we licensed completely unrestricted use to you and you then passed on or traded in the rights granted to you it would damage our business. For that reason the licence granted is not transferable. You accept this is reasonable and we would not licence you without that acceptance.
We accept that you may acquire a licence for a client of yours or for your employer and this is acceptable to us provided you have the right to do that for them and when they use and Reproduce the Dental Images you ensure that they are bound legally to us to abide by these licence terms as if they had taken a licence directly from us.
We also accept that you may need to sub-contract Reproduction of a Dental Image to produce or distribute the work in which a Dental Image is embodied. This is also acceptable but you must ensure that the Dental Image is not used for any other purpose.
We can assign or transfer our rights and obligations under this agreement to anyone as long as they agree to be bound by those rights and obligations.
Medical Image Library Content – Ownership and Control
Save to the extent stated in your licence you do not obtain any intellectual property or other rights in the Dental Images which are owned either by us or other rights owners who have licensed them to us, so all other rights are reserved.
We reserve the right to discontinue supplying and licencing any Dental Image at any time at our entire discretion and without giving reasons.
If you breach these licence terms:
- We can give notice to you requiring the breach to be remedied to our satisfaction or end your licence and any other licence we have you if we reasonably think that you are or may well breach the terms of those other licences;
- you must immediately stop Reproducing the Medical Image cease using the same in any way whatsoever and ensure that all permitted users e.g. clients and subcontractors do likewise.
If we receive notice from a third party alleging that your licensed Reproduction of any Dental Image infringes its rights we may end or suspend your licence pending the outcome of any such dispute.
You agree to defend, indemnify and hold harmless us and any relevant rights owners and each of our and their respective officers, directors and employees from all damages, liabilities and reasonable expenses (including reasonable legal fees) arising out of or in connection with any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of your licence including any applicable provisions of your Licence Plan, the Pricing Plan and any Additional Licence Conditions.
WE WILL NOT BE LIABLE TO YOU NOR YOU LIABLE TO US OR TO ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER SIMILAR DAMAGES, COSTS OR LOSSES ARISING OUT OF THIS AGREEMENT, EVEN IF WE (OR YOU) HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES.
SOME COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY BUT TO THE EXTENT THIS IS POSSIBLE WE DO EXCLUDE AND LIMIT THE SAME SAVE AS STATED IN THIS LICENCE
No Waiver of Rights
No failure or delay by us or you to exercise any right or remedy provided under this licence or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
This licence (including the provisions of any applicable Additional Licence Conditions and any Pricing Plan) constitute the entire agreement between us and supersedes all previous agreements between us relating to its subject matter with effect from the date you confirm acceptance of its terms (which happens when you complete the purchase steps on our Website and or download or receive from us a Dental Image).
If any court finds that any provision of this licence (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
Third Party Rights
No person other than a party to this licence (or a person indemnified under it) shall have any rights to enforce any term of this licence.
You are responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any tax authority arising from you taking and or using the licence granted to you.
All notices required to be sent to us under this agreement should be sent via email to email@example.com
All notices to you will be sent via email to the email set out on the details that you have provided when acquiring a licence for a Dental Image from our Website.