We strongly suggest that, due to their length and content, you print out a copy of these Terms and Conditions of Use and read through them thoroughly before continuing to order or request photographic images from CW Sport Photo Agency.

These Terms and Conditions of Use are available in the form of a Word document, please click here to download the file.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CW SPORTS PHOTO AGENCY ("CW SPORTS PHOTO AGENCY" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR ORDER/REQUEST ANY IMAGES FROM IT. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.

Ownership of This Website
This website is owned and operated by CW Sports Photo Agency. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, illustrations and software coding ("Content"), is owned by CW Sports Photo Agency and its content providers.

All elements of CW Sports Photo Agency's website, including, but not limited to, the general design and the Content, are protected by copyright, moral rights and other laws relating to intellectual property rights. Except as explicitly permitted under another agreement with CW Sports Photo Agency, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of CW Sports Photo Agency unless otherwise expressly agreed. You shall indemnify CW Sports Photo Agency and its content providers against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorised use of the Content and related rights.

Ownership of Photographic Imagery
THIS SECTION OF OUR TERMS & CONDITIONS OF USE GOVERNS THE OWNERSHIP AND USAGE OF THE IMAGES YOU PURCHASE FROM CW SPORTS PHOTO AGENCY, WHETHER AS A MEMBER OF THE PRESS OR THE GENERAL PUBLIC.

1. Definitions
In this Agreement the following definitions apply:

a) "Copyrighted Material" means any still image, including any negatives, transparencies, film imprints, prints, original digital files or any reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property rights, which have been purchased by a member of the press or general public.

b) "Invoice" means the computer-generated or pre-printed invoice provided by CW Sports Photo Agency to members of the press that sets forth without limitation the specific areas of use for the Copyrighted Material. This Invoice grants the member of the press the reproduction rights chosen, sets forth any limitations and states the corresponding price(s) for the Copyrighted Material requested via www.cwsports.co.uk. The Invoice shall be made a part of these Terms and Conditions of Use and shall be incorporated by reference herein, and together with this Agreement shall constitute the entire agreement between CW Sports Photo Agency and the press member regarding the Copyrighted Material.

c) .The Purchaser. means any individual, whether a member of the press or the general public, who purchases one or more photographic images via www.cwsports.co.uk.

d) "Reproduction" and "Reproduce" include any form of copying or publication of the whole or a part of any Copyrighted Material, whether by printing, photography, photocopying, slide projection (whether or not to an audience), layout or presentation, use in a production process, 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 distortion or manipulation of the whole or a part of the Copyrighted Material (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Copyrighted Material may not appear to a reasonable person to be derived from the original Copyrighted Material. Reproduction also includes distribution in whole or in part of any Copyrighted Material via television, cable, telecommunications network or internet transmission.

2. Limitations on Use and Reproduction of Copyrighted Material
THERE ARE LIMITATIONS ON REPRODUCTION AND USE OF ANY PHOTOGRAPHIC IMAGES YOU ORDER OR REQUEST FROM CW SPORTS PHOTO AGENCY VIA ITS WEBSITE.

As a member of the general public this means you may only own and display the photographic image you receive in a manner that is reasonable and consistent with personal use and where no profit is being made. Any form of image enlargement, reduction or reproduction that could reasonably be thought to be for personal or corporate gain, whether for profit or not, shall be deemed to be an infringement of these Terms and Conditions of Use and action will be taken against the purchaser.

As a member of the press you may only use any photographic images received from CW Sports Photo Agency in accordance with the following:

a) Unless stated otherwise in the Invoice, CW Sports Photo Agency grants to the press member a nonexclusive non-sublicensable, non-transferable and non-assignable right to use and Reproduce the Copyrighted Material identified in the Invoice to the extent explicitly stated therein. CW Sports Photo Agency further grants to the press member the right to have the Copyrighted Material Reproduced, solely to the extent explicitly stated in the Invoice, by subcontractors of the press member, provided that such subcontractors agree to abide by the restrictions of this Agreement.

b) The Copyrighted Material is strictly limited to the use, medium, period of time, print run, placement, size of image, territory and any other restrictions that may be specified in the Invoice. CW Sports Photo Agency grants the press member the right to utilise the Copyrighted Material in the sales and production process that may be necessary for the intended use specified on the Invoice. The terms specified in the Invoice, or in this Agreement, shall not be modified without the express written consent of CW Sports Photo Agency, and any attempt to modify the Agreement without such express written consent, or any attempted deviation from the terms thereof of this Agreement, shall nullify CW Sports Photo Agency's indemnity obligations, and the representations and warranties made by CW Sports Photo Agency hereunder. Fees assessed for the press member's use of the Copyrighted Material depend on the nature of the rights granted. The press member shall not undertake any expanded use of the Copyrighted Material without the prior approval of CW Sports Photo Agency and the payment of any additional license fee required by CW Sports Photo Agency for such expanded use. The press member shall promptly notify CW Sports Photo Agency of any expanded use of the Copyrighted Material for which the press member has not received CW Sports Photo Agency's prior approval, and shall pay to CW Sports Photo Agency any additional license fee required by CW Sports Photo Agency for such expanded use. The rights and remedies of CW Sports Photo Agency hereunder shall be in addition to, and not in lieu of, any other rights or remedies that CW Sports Photo Agency may have at law or in equity.

c) CW Sports Photo Agency grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Copyrighted Material, and The press member must satisfy itself that all the necessary rights or consents regarding any of the above, as may be required for Reproduction, have been obtained.

d) Use of Copyrighted Material in a manner not expressly authorised by the Invoice and this Agreement (i) may constitute an infringement of the proprietary rights of CW Sports Photo Agency or a third party and (ii) may result in the press member incurring or being responsible for any damages resulting from any such use, including any damages resulting from any claims for infringement of the intellectual property or proprietary rights of CW Sports Photo Agency or a third party.

e) If any Copyrighted Material featuring a model is used in an authorised manner that implies endorsement of, use of, or a connection to a product or service by that model or a potentially unflattering or controversial subject, the press member must accompany each such use with a statement that indicates that the person is a model and is used for illustrative purposes only. CW Sports Photo Agency's grant of rights regarding use of Copyrighted Material on or in a product does not grant the press member the right to use that Copyrighted Material in any manner, directly or indirectly (such as, without limitation, in any image or illustration of such product) in the advertising of such product unless that right is also specifically granted.

f) While CW Sports Photo Agency makes efforts to correctly caption the subject matter of the Copyrighted Material, CW Sports Photo Agency does not warrant that such information is accurate.

g) Pornographic, defamatory, libellous or otherwise unlawful use of Copyrighted Material is strictly prohibited whether directly or in context or juxtaposition with specific subject matter.

h) The following credit line must appear adjacent to any Copyrighted Material utilised in an editorial manner: (Photographer's name)/CW Sports Photo Agency.

3 Copyright
No ownership or copyright of any Copyrighted Material shall pass to The Purchaser by CW Sports Photo Agency. Except as expressly set forth in writing from CW Sports Photo Agency, CW Sports Photo Agency grants The Purchaser no right, express or implied, to the Copyrighted Material. The Purchaser shall acknowledge all applicable copyright protection of the Copyrighted Material.

4. Warranty and Limitation of Liability.
a) CW Sports Photo Agency warrants to The Purchaser that the digital or analogue copy of the Copyrighted Material in the form sent to The Purchaser or delivered by CW Sports Photo Agency by any means to The Purchaser will be free from defects in material and workmanship (not including "artefacts" or other flaws inherent in prints of a particular vintage) for 30 days from the date of delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital or analogue copy of the Copyrighted Material or refund of the fee paid by The Purchaser, at CW Sports Photo Agency's option.

b) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5(a) ABOVE, CW SPORTS PHOTO AGENCY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CW SPORTS PHOTO AGENCY SHALL NOT BE LIABLE TO THE PURCHASER OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF CW SPORTS PHOTO AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Indemnification
If CW Sports Photo Agency is required to commence or threaten legal proceedings against The Purchaser to enforce any part of these Terms and Conditions of Use, whether a lawsuit is filed or not, The Purchaser shall indemnify and hold harmless CW Sports Photo Agency for the reasonable legal fees and costs incurred by CW Sports Photo Agency.

6. Parties' Obligation
Upon notice from CW Sports Photo Agency, or upon The Purchaser's knowledge, that any Copyrighted Material is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which CW Sports Photo Agency may be liable herein, or if CW Sports Photo Agency retires any Copyrighted Material for any reason, The Purchaser will physically remove the Copyrighted Material from its network, if possible, and cease any future use at its own expense. CW Sports Photo Agency shall provide The Purchaser with comparable Copyrighted Material (which comparability will be determined by CW Sports Photo Agency in its reasonable commercial judgment) free of charge, but subject to these Terms and Conditions of Use.

7. Interest on Overdue Invoices
AS A MEMBER OF THE PRESS, IF THE PURCHASER FAILS TO PAY CW SPORTS PHOTO AGENCY'S INVOICE IN FULL WITHIN THIRTY (30) DAYS OF THE INVOICE DATE, CW SPORTS PHOTO AGENCY SHALL ADD A SERVICE CHARGE, THE AMOUNT OF WHICH SHALL BE AT ITS OWN DISCRESSION, ON ANY UNPAID BALANCE.

8. Refunds
Substandard or incorrectly supplied goods must be returned within 7 working days of delivery. Non delivery must be notified within 20 days of placing your order. Refunds will be issued within 28 days. Your statutory rights are not affected.

9. Unauthorised Use of Copyrighted Material
The Purchaser agrees to indemnify and hold CW Sports Photo Agency (including its content providers and their respective directors, officers, employees and agents) harmless against any claim for damages, losses or any costs, including lawyers fees, arising in any manner whatsoever from the unauthorised use of any Copyrighted Material or for The Purchaser's breach of any of these Terms and Conditions of Use.

10. Use of Copyrighted Materials in Final Elements
For purposes of this paragraph, final elements shall mean any end product produced by The Purchaser pursuant to these Terms and Conditions of Use, including but not limited to use in magazines, books, feature films, television productions, commercials and print advertisements ("Final Elements"). The Purchaser grants to CW Sports Photo Agency the irrevocable, perpetual, royalty-free, non-exclusive right and license to use Final Elements solely for the promotion of CW Sports Photo Agency.

11. Miscellaneous Terms
No variation of any of these Terms and Conditions of Use shall be effective unless agreed to in writing by CW Sports Photo Agency. No part of the content of CW Sports Photo Agency's advertising materials shall form a part of this Agreement. No action of CW Sports Photo Agency, other than an express written waiver, may be construed as a waiver of any part of these Terms and Conditions of Use. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion. Should any clause of these Terms and Conditions of Use be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the Terms and Conditions of Use contained herein and the terms contained on any purchase order sent to The Purchaser, the terms of this Agreement shall govern.

Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND CW SPORTS PHOTO AGENCY EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. CW SPORTS PHOTO AGENCY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT CW SPORTS PHOTO AGENCY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither CW Sports Photo Agency nor its directors, employees, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

CW Sports Photo Agency uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the CW Sports Photo Agency website; however, these other websites are not controlled by CW Sports Photo Agency unless expressly specified otherwise, and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against CW Sports Photo Agency regarding the inclusion of links to outside websites or your use of those websites.

Some US states and other countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

No Waiver, Severability
No action of CW Sports Photo Agency, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use prices, info rmation and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between CW Sports Photo Agency and you relating to your use of this website.

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