LOLC General Terms and Conditions

This is a legal agreement between you or your company, firm or other organisation (“you”) and Land of Lost Content Limited(“LOLC”).

Please read this agreement carefully in its entirety before you use obtain a Password and become an Authorised User. You must tick the box on the Registration form to confirm your agreement to these terms and conditions before you can become an Authorised User. We recommend that you print and retain a copy of this agreement.

LOLC reserves the right to change the terms of this agreement from time to time at its sole discretion. Your use of the site will be subject to the current version posted on the site at the time of your use.

IMPORTANT: AUTHORISED USERS MAY SAVE/DOWNLOAD LOW-RESOLUTION WATERMARKED IMAGES FROM THE SITE FOR EVALUATION, RESEARCH OR COMP/LAYOUT PURPOSES ONLY. YOU MAY NOT USE WATERMARKED IMAGES IN ANY FINAL PRODUCTS FOR DISTRIBUTION, PUBLICATION OR OTHER USE IN PRINTED OR ELECTRONIC FORM (INCLUDING THE USE OF WATERMARKED IMAGES FOR MAKING A PRESENTATION TO A CLIENT). CERTAIN IMAGES MAY BE LICENSED FOR USE IN FINAL PRODUCTS, SUBJECT TO AGREEMENT OF LOLC’S LICENSING TERMS AND PAYMENT OF LICENSING FEES.

The following terms and conditions apply to all users of this site:

1. The copyright and all other rights throughout the world in all images and information on this site belongs to LOLC and/or its suppliers. The authors of the images and other copyright works included on the site have asserted their right to be identified in relation to those images and other works.

2. Users wishing to obtain a Password and become an Authorised User must provide accurate information during the registration process. If you are an Authorised User, you are responsible for protecting the confidentiality of your Login and Password details. You may not allow others to use your Login and Password to access this site without prior written permission from LOLC, and you agree to take all reasonable steps to prevent unauthorised persons from obtaining your Login and Password details. You will be held responsible for any charges arising from downloads of material from this site by third parties using your Login details, with or without your permission.

3. You may save/download low-resolution watermarked images from the site for evaluation, research or comp/layout purposes only. You MAY NOT use watermarked images in any final products for distribution, publication or other use in printed or electronic form (including the use of watermarked images for making a presentation to a client). You may not modify or remove any visible or invisible electronic watermark. You may not redistribute or sublicense any image supplied by us or downloaded from this site. You may not amend the information stored in the IPTC header.

4. Certain images may be licensed for use in final products, subject to agreement of LOLC’s End User Licence Agreement terms and payment of licensing fees.

5. Other web sites which you may access via links available on this site are not in any way controlled or endorsed by LOLC and LOLC is not responsible for any content of those sites.

6. LOLC uses reasonable efforts to ensure the accuracy, correctness and reliability of the information contained on this site, but makes no representations or warranties as to the accuracy, correctness or reliability of such information.

7. LOLC reserves the right to terminate this agreement at any time in which event your Login and Password will be withdrawn and you must immediately on notification by LOLC delete all copies of images which you have downloaded from the site and destroy all printed or other copies of the images which you may have made.

8. Images may not be altered or manipulated, added to or have any part deleted without prior written permission from LOLC.

9. Each digital image downloaded by you shall be recorded and labelled with the 8 digit image reference number used by LOLC and LOLC’s copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.

10. LOLC makes no warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose or any warranties as to the existence of releases associated with the images or with respect to the use of any names, trade marks, logos, registered or copyright designs or artistic works in any image.

11. LOLC shall not be liable to you or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arises out of or in connection with this agreement. The terms of this clause shall not preclude any liability or claim for death or bodily injury or any claim arising from wilful default or gross negligence on the part of LOLC or any of its employees, agents or otherwise. Each provision of this clause is to be construed as a separate limitation (applying and surviving even if for any reason one or other of such provisions is held to be inapplicable, unreasonable or unenforceable in any circumstances) and shall remain in force notwithstanding the termination of this agreement.

12. You agree to indemnify and hold LOLC harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorised use of any image supplied to you by LOLC or any other breach by you of any of your obligations under this agreement.

13. No variation of any of the terms of this agreement shall be effective unless in writing and signed by LOLC and you. No action of LOLC, other than an express written waiver, may be construed as a waiver of any term of this agreement.

14. Should any provision of this agreement be found unenforceable, that will not affect any other provision and each will remain in full force and effect.

15. This agreement, its validity and effect, shall be interpreted under and governed by the laws of England and be subject to the exclusive jurisdiction of the English courts.

27 September 2006

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