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ORDER INFORMATION   

BasingstokePhotos: Order Information

All Images at Basingstoke Photos are Copyrighted.

Introduction

> This page provides guidance about services at BasingstokePhotos. Scroll down for information about our payment processor RBS WorldPay, and our terms and conditions.

BasingstokePhotos features photographs taken exclusively within the boundaries of Basingstoke and Deane, and is owned and operated by Mike de Sousa who also runs EyeInvent, BasingsokePhotos' parent company.

Royalty Free Images

> Publishers often have to pay for the right to distribute images. For example, each time an image is copied, a royalty fee is often paid to the photographer, artist, or graphic designer for the right to use the image. However, for customers of BasingstokePhotos no such royalty payment is required. Customers who purchase an image from BasingstokePhotos may use it as often as they wish according to the terms defined below, without incurring any royalty payments.

> Don't be fooled by "1 credit an image" royalty free stock photo websites. Review their terms carefully and you'll likely see their license is limited in that they require a separate payment for each usage of the image - if you use the image for a particular website, you cannot use it for another context. BasingstokePhotos is different. You pay one low fee starting at $1 per image, and you receive the right to publish across a very broad range of contexts (multiple websites, html emails, business cards etc.). Review our terms and conditions below for further information about usage of images purchased from BasingstokePhotos.

> All images are available for immediate download from your BasingstokePhotos account following payment.

Products

> We offer four kinds of high quality image products presented in the Online Gallery:

  • Small Images: With a size of 500 pixels at their widest or tallest, these images are ideal for website highlights. Note that although the small images are the same size as those presented in the gallery, the image files available for download following payment are over twice as large as they have been saved at 100% jpg quality (as have all licensed downloads).

  • Medium Images: With a size of 900 pixels at their widest or tallest, these images are great for website features and digital illustrative purposes.

  • Large Images: With a size of 1,600 pixels at their widest or tallest, these images are perfect for website backgrounds and features, and can also be used for small print publication features.

  • Extra Large Images: With a minimum size of 3,000 pixels at their widest or tallest, these images are perfect for website and software backgrounds, and are also excellent for print publications as illustrative features.

Downloads

> All images are delivered in a zip file and are available for immediate download from your BasingstokePhotos account following payment. Note that your file download is time-limited and will be available in your BasingstokePhotos account for 90 days from the date of purchase shown on your email receipt. You are therefore strongly advised to backup your image in a memorable location for future retrieval.

Prices and Volume Discounts

> BasingstokePhotos allows its customers to pay for individual images at the standard rates shown below:

> Small: US$1.00 | Medium: US$5.00 | Large: US$10.00 | Extra Large: US$15.00

> Why are prices in US$ dollars and not UK£ pounds sterling?

The US$ is the standard unit of currency in the world and its value is most easily understood. Although Basingstoke and Deane is situated in Southern England, interest in photographs of Basingstoke and Deane is worldwide.

> Enjoy money off your total order with the following great discounts that are automatically applied to your cart as a "Promotion":

• $20 to $59: 20% discount on your order
• $60 to $119: 30% discount on your order
• $120 to $299: 40% discount on your order
• $300 and above: 50% discount on your order

Work out what benefits you most so you get the best deal.

Payment Method

> All purchases at BasingstokePhotos are processed by RBS WorldPay, an important part of The Royal Bank of Scotland Group, the 5th biggest banking group in the world. RBS WorldPay payment solutions are trusted by thousands of businesses worldwide, big and small. The payment method is PPP (pay per purchase).  Using this payment method you will need to pay during the checkout process.

> BasingstokePhotos currently accepts payments via: Visa Credit; Visa Debit; Visa Electron; Mastercard Credit; Mastercard Debit; Maestro; JCB; and Solo.

Web Store Frequently Asked Questions

Q: How secure is your payment protocol?

A: Our payment protocol is carried out via a Secure Socket Layer (SSL) via our payment transaction partner RBS WorldPay. RBS WorldPay handles all security in the payment procedure and no details are recorded on our web site as you are transferred for the duration of the payment procedure to theirs. After your payment has been made you are returned to BasingstokePhotos.

Q: What payment options do you provide?

A: Our secure on-line payment with RBS WorldPay allows us to process payments in Pounds Sterling (UK), US Dollars, and Euros.

Q: Why should I trust your payment services?

A: Our payment services are carried out on a separate site (www.rbsworldpay.com) that specialises in Internet payments using a Secure Sockets Layer (SSL), the standard in providing secure transactions over the Internet.

EyeInvent never receives or stores card details.

Q: Does BasingstokePhotos require Cookies and JavaScript to be enabled?

A: Yes. BasingstokePhotos' Store uses Cookies and JavaScript to enable the smooth flow of payment transactions. Although users are able to browse our Payment Gateway while Cookies and JavaScript are disabled, users are not able to purchase any items unless users enable their browser to allow Cookies and JavaScript.

There are two Cookies your browser will be required to recognise: one from BasingstokePhotos, the other from RBS WorldPay. If you have disabled Cookies you will need to re-enable cookies by going to your browsers 'tools', 'options', or 'properties' and then to alter the appropriate settings. If you are running a Firewall such as Norton Personal Firewall you may also need to alter your advanced settings to allow Cookies and JavaScript from BasingstokePhotos, and RBS WorldPay.

The Lightbox

> The BasingstokePhotos Lightbox is YOUR collection of images. You may add up to 30 images to your lightbox. If you wish to purchase an image that is in your lightbox, click on the thumbnail to view the enlarged image. Select the items that you want to purchase and click on the "add to cart" button.

Shopping Cart

> The shopping cart displays your order details, if you wish to delete an image from your order before proceeding to checkout, simply hit the remove link on the right side.

Checking Out

> You will need to login to checkout your order. If you are new to BasingstokePhotos please complete the registration form to create a username and password. This information is stored, so that you can return to the site to make future purchases and so that we can review your orders.

My Account

> This page shows your order history and also allows you to download any instant download orders.

Searching

> We have endeavored to create an easy to search database for our growing collection of images. As you can see there are numerous categories to browse. You can also enter keywords in the search box to narrow your choices. We have embedded keywords into all the image collections to respond to more selected searches. The scope of your search results will be determined by your selection of keywords.

> Quick Search - By default the BasingstokePhotos system uses "Match at least one keyword" for the quick search function. If you input "beautiful sunset" (without the quotes) into the quick search field, then the search function will return results for any media that contain either "beautiful" OR "sunset" in its properties.

The BasingstokePhotos search system supports the "AND" and NOT" operands in the quick search function by the use of the plus sign (+) and minus sign (-) respectively in front of the keywords.

  • If you input "beautiful +sunset" (without the quotes) into the search field, the system will only return results for any media that contain both keywords "beautiful" AND "sunset" in its properties.

  • If you input "beautiful "sunset" (without the quotes) into the search field, the system will return results for any media that contain the keyword "beautiful", but this media can't contain the keyword "sunset" in its properties.

  • Note: There must not any spaces between the second keyword and the input operands (+), (-) keywords.

> Advanced Search - The BasingstokePhotos advanced search function does not use the same algorithms as above. It offers options allowing you to choose the best method for your searches from the following:

  • Match at least one keyword
    The system will return results for any media that contain either one of the input keywords in its properties.

  • Match all keywords
    The system will only return results for any media that contain all input keywords in its properties.

  • Match exact phrase
    The system will only return results for any media that contains the exact input keyword phrase in its properties.

 

BasingstokePhotos: Terms and Conditions

We have attempted at all times to be clear and unambiguous. We update our Terms and Conditions from time to time so please revisit this page periodically. You may also download a PDF Version [175kb] of our terms for future reference.

Last Modified: 1 January 2010

BasingstokePhotos Royalty-Free End User License Agreement (EULA)

This is a legal agreement between you or your company, firm or other organization ("you") and BasingstokePhotos Ltd. ("BasingstokePhotos"). Please read this agreement carefully in its entirety before you download or use any image from BasingstokePhotos. By confirming the purchase of the Image(s) or downloading the Image(s) you have selected from this website you agree to be bound by the terms of this EULA (the "Agreement") and the Image usage restrictions contained herein. If you do not wish to accept the terms of this Agreement, please delete the unused Image(s).

Definitions

"Terms": Means the terms and conditions set out in this Agreement and includes the terms contained in the Invoice. The terms contained in the Invoice replace those in this Agreement to the extent of any inconsistency.

"Contributor": Means the owner(s) of the copyright in the Image(s) or their agent(s) who have submitted the Image(s) to BasingstokePhotos.

"BasingstokePhotos": Means BasingstokePhotos Limited, UK.

"Invoice": Means the computer-generated or pre-printed invoice provided by BasingstokePhotos that may include, without limitation, details of the Images selected, any limitations on the License in addition to those specified herein, the key terms of the License and the corresponding price for the License. The terms contained in the Invoice shall be incorporated into this Agreement and all references to the Agreement shall include those terms.

"Image(s)": Means the Image(s) you have selected which are identified on the Invoice or, in the case of a download the file identified on the Invoice.

"License": Means the non-exclusive (unless otherwise stated in the Invoice) non-sublicensable right BasingstokePhotos grants to you to use the Image(s).

"Reproduction": Includes any form of copying or publication of the whole or part of any Image whether by printing, slide projection or other display (whether or not to an audience), electronic, digital or mechanical means, use as a reference by an artist or in an artist’s illustration or by any other means. Reproduction further includes the copying or distortion or manipulation of the whole or part of any Image (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting image may not appear to a reasonable person to be derived from the original Image.

"Release": Means a model or property release or any other release of a third party right or other permission which it is necessary or desirable to obtain in respect of any Image.

"License Fee": Means any sum or sums payable to BasingstokePhotos by you in respect of the License.

Contracting Parties

1. The parties to this contract are BasingstokePhotos and you.

Grant of Rights and Restrictions

2. All Images on the BasingstokePhotos website are protected by United Kingdom and international copyright laws and treaties. BasingstokePhotos owns all rights, including the copyrights in and to the Images. BasingstokePhotos reserves all rights in and to the Images not expressly granted to you by the terms of this license. Your rights to use any Image are subject to this license agreement and are conditioned upon your payment to BasingstokePhotos for your use of the Images. If you fail to make any payment to BasingstokePhotos when due, or if any check is dishonored or credit card charge refused or charged back, your account will be deemed delinquent, and your license, revoked.

3. In the event that you create a derivative work based on or incorporating one or more Images, all rights in and to such Images shall continue to be owned by BasingstokePhotos, subject to your rights to use such Image(s) pursuant to the terms and limitations set forth herein.

Part 1: What You Can Do

By this Agreement, BasingstokePhotos grants you a personal, non-exclusive, non-transferable, right to use and reproduce Images in the following ways (subject to the limitations set forth herein and in "Part II : What You Must Not Do" below).

YOU CAN:

4. Alter, crop, manipulate and create derivative works from the Image(s).

5. Display on web sites, provided that the Image is not resold, offered as a download, distributed by another means (zip, compressed file, ftp etc.), or explicitly presented as being original to the site publisher, its employees, affiliates, or associates.

6. As toolbar skins, screensavers and mobile phone "wallpaper" for your own personal, non-commercial use, not for resale, download or distribution;

7. As prints, posters (i.e. a hardcopy) and other reproductions for your own personal, non-commercial use and display, not for resale, download or distribution;

8. As a single printed reproduction on canvas or other material for your own personal, non-commercial use and display to be used as decoration and not resold;

9. In coordination with opt-in email marketing. However, Images cannot be used in connection with unsolicited email - or linked from unsolicited email;

10. Incorporated into software as a background image or splash screen, provided that the Image or any digital files containing the Image cannot be unincorporated from the software;

11. In multimedia presentations and incorporated into film and video for television and/or Internet broadcast as illustrations, and theatrical display. Basingstoke Photos image material used in such contexts must support existing products and services and must not be the sole or dominant publishable content. Note that Basingstoke Photos must be credited in all such instances;

12. In the following print formats as illustrations that support existing products and services (not as the sole or dominant publishable content): brochures, flyers, catalogs, Manuals, Text Books, Annual Reports, including multi seat license textbooks;

13. In eBooks, eBrochures, eCatalogs, eManuals, eText Books, eAnnual Reports, including multi seat license electronic textbooks (not as the sole or dominant publishable content);

14. As CD or DVD cover art and/or artwork;

15. As image material for test or sample use, including comps and layouts;

16. Image(s) may be shared by creating an image library, network configuration or other similar arrangement so long as no more than five (5) individuals employed by the same entity have access to the Image(s) This is not a "simultaneous users license", in other words you may not have more than five (5) specific people access the Image(s) even if only five (5) people are accessing the Image(s) at any particular time. For the Image(s) to be used by more than five (5) individuals you must first Contact BasingstokePhotos to negotiate an extension of the License.

Part II: What You Must Not Do

YOU CAN NOT:

17. Use an Image other than as specified in "Part 1: What You Can Do" above.

18. Except as expressly provided in Part I hereof, directly or indirectly produce or otherwise create for resale or distribution, printed reproductions of any Image on canvas, paper, plastic, or on any other medium unless expressly permitted by this agreement.

19. Use or display any Image on websites or in print in connection with any service designed to sell or induce sales of "print on demand" or template products using or incorporating Image(s), including, by way of example only, postcards, mugs, t-shirts, posters, giclee prints, wallpaper, artwork and other items.

20. Use an Image together with pornographic, defamatory, or otherwise unlawful or immoral content or in such a manner that it infringes upon any third party's trademark or intellectual property.

21. Use an Image in a way that places any person depicted in the Image in a bad light or in a way that they may find offensive - this includes, but is not limited to the use of Images:

a) in pornography, "adult videos" or the like;

b) in ads for tobacco products;

c) in ads or promotional materials for adult entertainment clubs or similar venues, or for escort, dating or similar services;

d) in connection with political endorsements;

e) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products; and

f) uses that are defamatory, or contain otherwise unlawful, offensive or immoral content. You may not use an Image containing the likeness of a person if such use implies that the model engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition;

g) in advertisements or promotional materials for the manufacture of armaments or other equipment that is used in the violation of human rights;

22. Resell, redistribute or transfer any Image except as specifically provided herein;

23. Use Basingstoke Photos Images in a manner that competes with Basingstoke Photos' business. This includes, by way of illustration only and not by way of limitation, displaying Images in any format (including thumbnails) for download on a website, offering Basingstoke Photos Images for sale, or including Basingstoke Photos Images in templates of any nature, including templates for websites, social networking websites (e.g., MySpace.com, Facebook, etc.) documents, projects or otherwise for distribution and/or sale to third parties;

24. You may not create a digital or print greeting card line based on Basingstoke Photos Images - or use our Images as the basis for any individual or collection of physical or digital objects which you then offer for sale;

25. Promotional uses must comply, in all respects, with the restrictions set forth in this document. You may not sell or distribute items (e.g., mousepads, calendars, mugs, t-shirts, bookmarks, etc.) that incorporate Images;

26. Use any Image (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof , or to otherwise endorse or imply the endorsement of any goods and/or services;

27. Use or display an Image in such a manner that gives the impression that the Image was created by you or a person other than the copyright holder of that Image;

28. Represent yourself as an agent, employee, designee, or affiliate of Basingstoke Photos for any purpose, including but not limited to the negotiation of any business, distribution, partnership, or development agreement;

29. Use automated programs, applets, bots or the like to access the BasingstokePhotos.com website or any content thereon for any purpose, including, by way of example only, downloading Images, indexing or caching the content on the website;

30. If you are an intermediary (for example an advertising agency) you may not sublicense, sell, assign, convey or transfer this Agreement or any of its rights under this Agreement but you may sub-license an Image as part of a derivative work (for example an advertisement) to your clients. Should your clients wish to incorporate the Image in their own work they should visit Basingstoke Photos to purchase a license;

31. The Image(s) may not be distributed by a mobile phone device in a way that would allow any third party to download, extract or access the Image(s) as a standalone file.

32. You must not incorporate Images (or any part of them) into a logo, trade mark or service mark.

33. The Image(s) may not be sublicensed, resold or otherwise made available for downloading, use or distribution separately. For example, the Image(s) may be used as an integral part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by website users. Similarly, your customers may be provided with copies of the Image(s) as an integral part of work product, but may not be provided with the Image(s) or permitted to use the Image(s) separately.

34. You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.

Copyright issues

35. No ownership or copyright in any Image shall pass to you by the issue of the License. Unless otherwise agreed in writing, if any Image is reproduced by you for editorial purposes (i.e., for any non-promotional purpose) you must include the credit line "(Photographer’s or Agency’s name) "BasingstokePhotos", or any other credit line specified by BasingstokePhotos.

Warranty and limitation of liability

36. BasingstokePhotos guarantees that should any Image have defects in material or workmanship and these are notified in writing to BasingstokePhotos within thirty (30) days from the date of delivery of the Image, then BasingstokePhotos will either replace the Image with another digital copy of the Image free from defect, or refund the License Fee paid by you to the extent attributable to the defective Image, at BasingstokePhotos’s option.

37. BasingstokePhotos makes no other warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither BasingstokePhotos nor its contributors shall 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 (whether caused by the negligence of BasingstokePhotos, its servants or agents or otherwise) which arises out of or in connection with this Agreement, even if BasingstokePhotos has been advised of the possibility of such damages, costs or losses.

38. BasingstokePhotos’s maximum liability arising out of or in connection with your use of or inability to use the Image (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to five (5) times the value paid by you for the relevant Image.

Payment

39. No Reproduction of any Image is authorized until payment in full has been received by BasingstokePhotos. Any Reproduction by you or on your behalf prior to payment being received by BasingstokePhotos constitutes a breach of this Agreement which entitles BasingstokePhotos immediately to terminate this Agreement and further constitutes an infringement of copyright.

Indemnity

40. You agree to indemnify and hold BasingstokePhotos and its Contributors harmless against any claims, damages, losses, expenses or costs, including legal costs, arising in any manner whatsoever from your unauthorized use of any Image supplied to you by BasingstokePhotos, on behalf of the Contributor, or any other breach by you of any of your obligations under this Agreement. You further agree to indemnify BasingstokePhotos for all costs and expenses that BasingstokePhotos incurs in the event that you breach any of the terms of this or any other agreement with BasingstokePhotos.

Release information

41. BasingstokePhotos gives no representations or warranties whatsoever as to the existence of any Releases associated with the Image(s).

42. BasingstokePhotos gives no representations or warranties whatsoever with respect to the use of names, trade marks, logos, uniforms, registered or copyrighted designs or artistic works depicted in any Image.

43. You must satisfy yourself that all Releases as may be required for Reproduction of the Image(s) have been secured.

44. You are solely responsible for obtaining all such Releases and the License is conditional in each case on your obtaining them. If you are unsure as to whether any Releases are needed for your Image usage, then it is your responsibility to consult with relevant parties. You shall not rely upon any representation or warranty given by BasingstokePhotos employees or representatives save as set out in this Agreement.

License fee

45. Use of an Image in a manner not specifically authorized under the terms set out in the Invoice or otherwise in the Agreement constitutes a breach of the Agreement and an infringement of copyright.

License cancellation

46. BasingstokePhotos shall be under no obligation to refund your fee under any circumstances. However, in the event that BasingstokePhotos determines that you are entitled to a refund of all or part of your fee, such refund shall only be made to the credit card account originally used by you to purchase the Image.

47. Canceling the License revokes any right to publish, reproduce or use the Image(s) in any manner whatsoever.

Condition of images

48. You should make sure that you examine the Image(s) for possible defects (whether digital or otherwise) before sending the Image(s) for Reproduction. Subject to clause 38 BasingstokePhotos shall not be liable for any loss or damage suffered by you or any third party arising from any alleged or actual defect in any Image or its caption or in any way from its Reproduction.

Downtime

49. Due to the nature of server provision, downtime and lost transmissions may occur as part of routine maintenance. You are advised to maintain a copy of your account status and details of Image(s) purchased.

Miscellaneous terms

50. The Licence will terminate immediately if you (a) enter into voluntary or compulsory liquidation, (b) have a receiver appointed or (c) fail to perform any of your obligations under the Agreement within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any Image shall constitute an infringement of copyright.

51. No variation of any of these Terms shall be effective unless in writing and signed by BasingstokePhotos and you. No action of BasingstokePhotos, other than an express written waiver, may be construed as a waiver of any clause of this Agreement. In the event that BasingstokePhotos waives any specific part of this Agreement, such fact does not mean that any other part is waived. In the event of any inconsistency between the Terms and the terms contained in any purchase order or other communication sent by you, the terms of this Agreement shall prevail.

52. Should any clause of this Agreement be found unenforceable, that will not affect any other clause and each will remain in full force and effect.

53. 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. If BasingstokePhotos is required to enforce its rights as a result of any breach of these terms, whether legal proceedings are commenced or not, you agree to indemnify BasingstokePhotos in respect of all reasonable legal fees and costs incurred by BasingstokePhotos in relation thereto.

54. You may not use the Image(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party intellectual property or privacy rights, whether directly or in context or by juxtaposition with other materials.

55. You must abide by any restriction on use notified to you by BasingstokePhotos before, after or at the time of delivery of the Image(s), either in the information accompanying the Image(s), the Invoice or otherwise.

56. BasingstokePhotos, after reasonable notice, may inspect any records, accounts and books relating to the Reproduction of any of the Image(s) to ensure that the Image(s) are being used in accordance with this Agreement.

57. The Image(s) as stored by you must retain the copyright symbol, the name of BasingstokePhotos, the Image(s)’ identification numbers and any other information as may be invisibly embedded in the electronic files containing the original Image(s).

58. If any Image featuring a model is used in (i) a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or (ii) if the depiction of the model in the Image would be unflattering or unduly controversial to a reasonable person, you must accompany each such use with a statement indicating that the person is a model and the Image is being used for illustrative purposes only.

59. BasingstokePhotos may at any time hereafter notify you that certain Images are no longer available for use under this Agreement and upon such notification the License shall automatically and immediately terminate. Your sole remedy for any recalled Image shall be, at BasingstokePhotos’s discretion, the replacement of such recalled Image with another Image or refund of the License Fee to the extent attributable to such recalled Image.

60. BasingstokePhotos does not warrant the accuracy of the captioning, keywording or any other information associated with the Image(s).

61. "Non-transferable" as used herein means that except as specifically provided in these TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, the Image or the right to use the Image. You may however, transfer Images to a third party for the sole purpose of causing such third party to produce and/or manufacture your goods incorporating Images subject to the terms and conditions herein. In addition, the work you produce with the Image must be used for yourself, your direct employer, client, or customer, who must be the end user of your work. You agree to take all commercially responsible steps to prevent third parties from duplicating any Image. If you become aware of any unauthorized duplication of any BasingstokePhotos Image(s) please notify us via email.

62. If you plan on using or do use Images as part of work for a client or customer, you must keep accurate and detailed records of the use of each Image. These records must include the name of the client or customer, the BasingstokePhotos Image number as well as the date or dates on which the Images were used.

63. You agree that you will not share your username and password combination. Your BasingstokePhotos username and password are to be used only by you. Each person that desires to access the BasingstokePhotos site must have his/her own username and password and must purchase a subscription.

64. We reserve the right to monitor accounts and institute mechanical or other means to stop users from sharing their login information.

65. Neither BasingstokePhotos nor any of its officers, employees, managers, members, shareholders, directors or suppliers, shall be liable for any damages, whether direct, indirect, consequential, or incidental, arising out of or relating to the use of, or the inability to use, the BasingstokePhotos website or any Image or Images.

66. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the United Kingdom and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these TOS may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law.

68. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof.

69. If you are entering into this agreement on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. In the event that you do not have such authority, you agree that you will be personally liable to BasingstokePhotos for any breaches of the terms of this agreement.

70. IN THE EVENT THAT YOU BREACH ANY OF THE TERMS OF THIS OR ANY OTHER AGREEMENT WITH BasingstokePhotos, BasingstokePhotos SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHOUT FURTHER NOTICE. SUCH TERMINATION SHALL BE IN ADDITION TO BasingstokePhotos'S OTHER RIGHTS AT LAW AND/OR EQUITY. BasingstokePhotos SHALL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY YOU IN THE EVENT THAT YOUR ACCOUNT IS TERMINATED BY REASON OF A BREACH ANY SUCH BREACH OR BREACHES.

71. BasingstokePhotos MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER AS TO THE LEGALITY OR VALIDITY OF YOUR USE OF ANY IMAGE OR OF ANY RELEASE ASSOCIATED WITH AN IMAGE. THE IMAGES, AND ANY STORAGE MEDIA AND ACCOMPANYING MATERIALS (IF APPLICABLE), ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

72. BasingstokePhotos GRANTS NO RIGHTS AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF ANY NAMES, TRADEMARKS, SERVICE MARK, LOGOTYPES, COPYRIGHTED DESIGNS OR WORKS OF ART OR ARCHITECTURE DEPICTED IN ANY IMAGE. IT IS YOUR RESPONSIBILITY TO ASSURE THAT ALL NECESSARY RIGHTS, CONSENTS, OR PERMISSIONS THAT MAY BE REQUIRED FOR YOUR USE OF ANY IMAGES ARE OBTAINED. BasingstokePhotos SUBMITTERS UPLOAD IMAGES TO THE BasingstokePhotos WEBSITE AND WARRANT THAT THEY HAVE ALL RIGHTS REQUIRED TO DO SO AND TO ENABLE BasingstokePhotos TO GRANT THE RIGHTS IT GRANTS IN THIS AGREEMENT.

73. BasingstokePhotos DOES NOT WARRANT THAT THE IMAGE(S), BasingstokePhotos WEBSITES, OR OTHER MATERIALS, WILL MEET YOUR REQUIREMENTS OR THAT USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND USE OF THE IMAGE(S) IS SOLELY WITH YOU.

74. YOU UNDERSTAND THAT YOU SHOULD SEEK COMPETENT COUNSEL BEFORE USING IMAGES ON OR IN CONNECTION WITH ANY GOODS OR SERVICES OR FOR ANY OTHER COMMERCIAL PURPOSES.

75. BasingstokePhotos SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE IMAGE(S), BasingstokePhotos'S BREACH OF THIS AGREEMENT, OR OTHERWISE, EVEN IF BasingstokePhotos HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. IN NO EVENT, SHALL BasingstokePhotos'S TOTAL AGGREGATE LIABILITY TO YOU, OR TO ANY THIRD PARTY CLAIMING THROUGH YOU, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BasingstokePhotos WEBSITE AND/OR IMAGE(S) CONTAINED THEREON (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE MONETARY AMOUNT ACTUALLY RECEIVED BY BasingstokePhotos FROM YOU FOR YOUR USE OF THE APPLICABLE IMAGE(S).

76. IN THE EVENT THAT YOU USE FRAUDULENT CREDIT CARD INFORMATION TO OPEN AN ACCOUNT OR OTHERWISE ENGAGE IN ANY CRIMINAL ACTIVITY AFFECTING BasingstokePhotos, BasingstokePhotos WILL PROMPTLY FILE A COMPLAINT WITH THE UK AND INTERNATIONAL LEGAL AUTHORITIES.