1) Welcome and Introduction
Before setting out the terms and conditions that govern the relationship between your use of the site and the facilities we provide; we would like to offer a welcome.
The site is designed to provide clarity in performance and transparency in use and these terms and conditions govern the use of our website, if you use the website that use is deemed to mean you have accepted these Terms and Conditions, as binding agreement on the provision and use of content.
The content on this website is owned by North News and Pictures Ltd and is either our own copyrighted Content or is Content for which we have Licenses to sell or re-sell, or to provide Royalty Free.
This includes all images, videos, stories and audio files, as well as the appearance, design, functionality and features.
Unless otherwise stated North News and Pictures Ltd own and assert all Intellectual Property Rights both commercially and morally over the website itself and the content on the website.
2) Definition of Terms
2.1 North News and Pictures Ltd is a company registered at Companies House and is the owner or licensor of all content and of the site and shall include, or be signified by the terms ‘NNP’, ‘We’, ‘Ours’, ‘Us’ and similar terms denoting proprietorship.
2.2 Visitors to and users of the site who are not registered users (i.e. those having password access to professional content galleries) but are casual and/or non-registered are signified by the terms ‘User’, ‘Visitor’, ‘You’, ‘Yours’ and similar terms denoting the Second Party.
2.3 Content Copyright owners who are not North News and Pictures Ltd, whether corporate or individuals, are denoted or signified by the terms ‘Theirs’, ‘Them’, ‘His’, ‘Hers’, ‘He’, ‘She’, ‘They’ and similar terms denoting the Third Party.
2.4 The singular will denote the plural and vice-versa where appropriate.
2.5 User Generated Content and Third Party Content will be indicated by the Terms UGC and TPC. These will generally differ in UGC being non-professional content originated by Citizen Journalists and ordinary members of the public for sale and exploitation on their behalf by NNP working as agents or licensors of the material, whether exclusive or otherwise. Whereas TPC will generally be owned by professional media companies or individuals under the terms as above for UGC but with further restrictions tat may from time to time be made by NNP falling short of granting full rights or unrestricted usage rights.
3) Limitation of Liability
3.1 Our Liability remains at all time subject to applicable Law in the United Kingdom of Great Britain and Ireland.
3.2 However subject to the appropriate Law our liability in relation to the use of our website whether outlined in contract elsewhere, in other terms and conditions, in terms of tort or otherwise is limited in respect of the following
3.3 Whereas all content, information and services on the website outside password protected areas is free we will not accept liability for any loss or damage, whether direct or consequential through any use of this website or the information provided.
3.4 The limitations on our liability to you include loss of profit, income, revenue, anticipated cost reductions, business or other contracts, new or existing business, goodwill or reputation.
3.5 No liability of any damage to you will be accepted by us for any loss of data, information or files you may experience after visting our website.
3.6 Furthermore we will not accept liability for any event or events that may occur whether during your visit, or arising from your visit, that are beyond our reasonable control.
4) Our obligation
4.1 We warrant providing open access to our site but while we make every reasonable effort to provide our website 24/7 we make no guarantee as to the website’s availability and accept no liability for the website’s non- availability nor any loss of availability during your visit.
4.2 Whilst we will make every effort to maintain the highest possible standards of accuracy and ensure all images comply with all Laws and Ethical codes, as above, we do not accept any liability of loss or damages caused by using the site, downloading images or the subsequent publication of these images. As already stated in clause 3) above, this includes any and all losses or damages including but not limited to direct, indirect, consequent, financial and goodwill losses.
4.3 While we make every effort to ensure all statements, claims and assertions on the site are both true and made in goodwill we again make clear we will accept no liability or damages if such a claim, assertion or statement should be found to be untrue in fact.
5) Your License and Obligation
5.1 North News and Pictures Ltd assert that all content, images, words, videos and audio on the website are the Intellectual Property, protected by Copyright and other Laws, of North News and Pictures Ltd.
5.2 However you may view and download, both for caching or printing purposes full pages, or on send via electronic and Internet means, the same pages by means of a Unique Resource Link where no editing, reduction, cropping or alteration of the web page upon which the content is situated is performed.
5.3 You must not republish the content where it has been extracted, cropped, removed or otherwise disconnected from the NNP website page.
5.4 You must not take any image, video, copy, audio or other content from our website and sell, rent, lease, license or provide royalty free this content in any way whether electronically or via print, broadcast, podcast or any other method of media distribution commonly in use or which may come into use in the future.
5.5 You must not show any content or web pages without acknowledging these are the copyright of North News and Pictures without concluding an explicit license with us.
5.6 You must not pass off any page, content or material on the website as being yours, nor send, disseminate or reproduce it as such save as in 5.2 above.
6) Unacceptable use
6.1 For the avoidance of doubt you must use the website in any way that causes damage, malfunction or impairment to the website and it’s operation, including accessibility in all respects and functions.
6.2 Nor use the website which is any way fraudulent or harmful, whether criminal or otherwise, of use our website in any connection with any fraudulent, harmful, illegal purpose or activity.
6.3 You must not use our website to host, propagate or distribute in any way any software or agent not the copyright of North News and Pictures Ltd, specifically this includes software viruses, spyware, malware, activity logging, Trojan, worm or any software either malicious or benign.
6.4 You must not conduct any data collection of any sort, including (but not restricted to) activities such as data scraping, data mining, data extraction, visitor logging.
6.5 You must not use our website for any marketing purposes nor intimate any assertion of approval, affirmation, support or attachment by us by using our website pages, logo or design in any third party website without the express consent of a Director of North News and Pictures.
7) Restricted Access areas & Professional content galleries
7.1 The professional content galleries are controlled by NNP issued user names and passwords and managed by our designated partner 2daymedia under contractual agreement.
7.2 Access and use of content from all content galleries are governed and controlled under separate Terms and Conditions which need to be agreed upon Registering use the ‘Register’ facility provided on our website.
7.3 We reserve the right to refuse to issue a User name and password at our sole discretion and without explanation.
8) User Generated and contributors Third Party Content
8.1 User generated content is supplied to North News and Pictures under separate License and contractual agreement with the copyright owners. We don’t host or provide content where we are not the direct licensor with the Copyright owner. See 2.5 above in these Terms and Conditions and further information if registered for our content galleries.
8.2 For purposes where, under the terms of our license, we display, host, promote, or otherwise use this content in website pages, above the user ID password protected galleries. Or in emails, videos, print and electronic publications promoting, marketing or providing information about North News and Pictures Ltd, and any associated company, this content is provided with all protection and restrictions on use that apply to NNP copyright material. Specifically as in 3,5,6 and 7 above.
8.3 Where UGC is used by us we make all reasonable attempts to ensure the avowed copyright owner is the true owner of the content under Copyright Law.
8.4 We further make all reasonable attempts to ensure the content hosted has never been the subject of threatened or actual legal proceedings and we reserve the right to edit, remove or delete any material from our website at any time.
8.5 However we make no warrant in respect of the actual ownership of any copyright or Intellectual property rights beyond reasonable due diligence and further accept no liability for any direct or consequential loss, harm, damages or tort arising from any action directed at any Third party content owner. As a professional website with public facing areas we extend this limitation of liability to members of the public not registered with us who may from time to time take without permissions content hosted, displayed and forming part of the website pages, as well as to all professional users registered or not registered.
9) Links to other sites not owned or controlled by us
9.1 Where we provide links to others sites and resources these links are provided for your information and interest only and you warrant to access these entirely at your own risk with no liability or consequence for us from your so accessing them.
10) Your Indemnity to us in respect of these terms and Conditions
10.1 You indemnify in all respects and meanings and further undertake to maintain such indemnity in respect of any losses, damages, costs, liabilities and expenses (including but not restricted to, and without limitation, any legal expenses and any amounts that may be paid by us in settlement of a claim to any Third Party following written legal advice from our solicitors or Lawyers as we may engage in defence of any such claim).
10.2 In consequence of our reputation and website being central an integral parts of our business model these liabilities, damages, costs and losses, whether direct or consequential may include claims for loss of business, goodwill or reputation, arising from any breach by you of these Terms and Conditions, or claim that you have so breached them, and not be restricted to only directly consequential and material losses.
10.3 Furthermore in respect of any direct breach of these terms and conditions we reserve the right to take any legal actions and steps as we may from time to time deem necessary to restrict, prevent and remove you, and your agents, partners, connected companies, and associates from accessing our website.
10.4 These actions will include, but not necessarily be restricted to suspending or removing any user Id and password access, issuing orders and taking legal action to cause you to cease and desist from accessing our website, and taking proactive action such as blocking IP addresses used by you, and contacting your internet service providers to cause them to restrict your internet access as may be necessary.
11) Variation, assignment, continuation and revocation
11.1 We can vary these rights, terms and conditions of use at any time without the need to notify you.
11.2 You must check at all times what Rights, terms and Conditions are in force and any disagreement on Rights, terms and Conditions will be governed only by those latest versions that we may publish from time to time and by such publishing on the website, in substitution for any and all existing versions, shall be then deemed to be the sole and enforceable terms and Conditions governing access, use and liability.
11.3 Furthermore we can transfer, sub-contract, license of otherwise deal with our Rights and obligations in whole or in part without notifying you, informing you or obtaining your consent or agreement in any way.
11.4 However you may not in like way transfer, sub-contract, license or otherwise deal in an y way with your rights and obligations either in whole or in part to any other person, organisation, company or party.
11.5 If any part or provision within these Terms and Conditions should be determined by an Court or legally competent authority to be unlawful, unenforceable or without basis all other provisions, parts, clauses, terms and conditions will continue in effect.
11.6 Furthermore if be deletion only any part, provision, term or condition would then be lawful the deletion is deemed to be effected and the provision thereby continues with force and intended effect.
11.7 If it is shown that NNP, in any other case whether in the past or present, or by intimation to any other party in the future;, has or intends to vary a condition, or should we fail or decide not to impose a stated redress where a condition may have been broken or exceeded this does not imply NNP have thereby made any permanent waiver of any right or redress in the future.
12) Restriction of Parties
12.1 This agreement is in respect of you and us, and includes no other party, whether UGC and/or TPC providers or any other person, company, organisation, or Trade and professional body, or Government agency.
13) Extent of agreement
13.1. This agreement constituting Terms and Conditions for the use of the North News and Pictures Ltd website in respect of all parts, and in total, constitutes the only current and entire agreement between you and us and so supersedes any and all previous agreements in respect of use of this website, in its present and all previous forms.
13.2 By using our site, through navigating pages, or in sending pages unedited, cropped, or altered on Unique Resource Links you are deemed to be accepting these Terms and Conditions as governing such use.
13.3 Should you Register, or contract with us as a UGC provider or TPC partner, such further Terms and Conditions as then are agreed augment but in no way or degree replace these Terms and Conditions here set out governing general use of the Public website.
14) For the avoidance of Doubt
14.1 Our website is provided to promote our services, and facilitate the transaction of business between ourselves and other individuals and companies and is provided in good faith and with goodwill. All usual and reasonable efforts at providing due diligence and application to law have been made.
15) Legal Jurisdiction and Company details
15.1 These “Terms and Conditions” form “the Agreement” to use the North News and Pictures Ltd site between you and us.
15.2 These “Terms and Conditions” are subject to the Laws of the United Kingdom of Great Britain and Northern Ireland and the Court in which we would seek to settle disputes would be the High Court in Newcastle upon Tyne.
15.3 The Head Office registered address for North News and Pictures is :
North News and Pictures Limited
Suite 3 & 4
Old Brewery Court
156 Sandyford Road
Newcastle upon Tyne
The company is registered at Companies House in England and Wales.
We can be contacted by email at firstname.lastname@example.org