Photo Library T&C's

Purchasing Process

Images can be viewed on the web site in 3 sizes: Small thunbmnail, large thumbnail (with copyright assigned) and full sized image (copyright watermarked). The latter option allows the user to view a higher resolution version of the photo to ascertain its quality.
To purchase an image, click on the "add to basket" button by the relevant photo. Repeat this process until you have selected all the images you would like to purchase, then click the "Checkout" button.
At this point you will be transferred to our SECURE SERVER. Please confirm how you wish to pay (credit or Debit card), including the card number, start/end dates, registered card holders address, and other relevant details.
The total purchase cost will be displayed at the bottom of the form. Prices include VAT.
A summary of the images you have chosen to purchase can be seen below the form. you may make changes to this form by clicking the relevant links.
When you are satisfied with the information, click the "Proceed" button located at the bottom of the form to complete payment.
Provided the payment details are accepted you will be transferred to a secure page with a link that will allow you to download a zipped file of your photos. You will also receive an email with the same link. This link will remain valid for a period of 30 days. After this period the link will expire.
Delivery of images is only available by this download link from the web site or via the email. We will not deliver any images by email.

Stock Photography Royalty Free license agreement

Your are dealing with:

5M Enterprises Limited, PO Box 233, Sheffield, S35 0BP, England
Tel: +44 (0)1234 818180
email: photos@thepigsite.com
web: www.thepigsite.com

"ThePigSite.com" is a registered web site domain under the ownership of 5M Enterprises Limited, which is a private limited company registered in Sheffield, England.

The following terms and conditions apply to all royalty free stock photography orders which are processed by 5M Enterprises Limited either online or by any other form of communication and form part of the contract between us.

THIS IS A LEGALLY BINDING AGREEMENT BETWEEN THE LICENSOR 5M ENTERPRISES LIMITED (hereafter "5M"), AND THE LICENSEE - EITHER YOURSELF, YOUR EMPLOYER OR YOUR END CLIENT (hereafter "you"), IF YOU ARE ENTERING INTO THIS AGREEMENT ON THEIR BEHALF.

Please read this agreement carefully and print a copy for future reference. Your use of this site indicates your acceptance of these terms and conditions.

Image refers to: Digital Still Image downloaded from thepigsite.com belonging to the Licensor or its Affiliates, which are purchased from 5M.

Royalty Free means that you only pay for this license once, without time limit, and without limits on where and how many times you use the image as long as it is for the same end client or project. No additional license fees need to be paid. This Royalty Free license does not grant you any rights to exclusive use of the image. If you require exclusive or semi exclusive use, please contact us. Each image purchased, as designated by a unique Image ID, requires a separate Royalty Free license.

What you are and are not buying

You are not purchasing the rights to the image, only the right to use. The Image Owner (copyright holder / photographer) still retains all copyright to the image and as such is protected by copyright law.

You are permitted to use the image for any of the following under this license;

Incorporated into other end items offered for sale, for example greeting cards, books, CD or DVD covers, posters, mugs, calendars, T shirts, etc.
As part of an advertising program or campaign for yourself, your company or your end client.
As part of a web site theme or in order to promote or sell products on a web site belonging to yourself, your company or end client.
For editorial or journalistic purposes providing it meets the criteria laid out in these terms and conditions.
Personal use such as for a print in your home or as a desktop background, etc.

You are not permitted to use the image for any of the following under this license;

Redistribution, resale, sub-licensing or re-licensing on a web site or any other electronic media such as CD, DVD, Memory Device, etc other than for display purposes.
Images may not be used, either unmodified or modified, in any manner which may be deemed fraudulent, defamatory, racist, pornographic, obscene or in any way contrary to the laws of the country or countries where the image is to be displayed.
Any usage which may cause potential hurt or damage to any individual, property or brand name displayed in the image.

Quality of image

High resolution versions of all images can be viewed by clicking on the magnifying glass icon in the large thumbnail window. This enables you to ascertain the quality of the image prior to purchase.

Image Credits

In applications or publications where the copyright holder is normally credited, credit must be given to the image owner (ThePigSite.com or photographer). The copyright holders's name is shown on each image displayed. Representation of true copyright holder is protected by law in most countries.

As 5M Enterpises Limited has no control over the end use of the image, we assume no liability, nor will we accept any claims of damages for improper, illegal or disputed usage of any image you purchase. It is your responsibility to read and understand this agreement prior to using an image.

Licensee shall not assign or transfer its rights or obligations under this Agreement without the prior written consent of Licensor, which consent may be arbitrarily withheld.

Failure to deliver

If for any reason you do not receive all the images ordered or if you receive any incorrect images, you shall immediately notify us in writing (by email is acceptable) explaining any error.
Your download of the specified images shall be conclusive evidence that such images have been delivered to and received by you unless you can provide conclusive evidence proving the contrary.
We shall not be liable for any non-delivery of the images (even if caused by Our negligence) unless written notice is given to us within 7 days of the date when the images would in the ordinary course of events have been received.
Additionally, we shall not be liable for any non-delivery of the images in the event of the unavailability of the server used in relation to the Web Site.
Our total liability to you in respect of the delivery of the images are as set out in these Terms and Conditions. Any delay in delivering the images to you shall not entitle you to terminate or rescind the Contract unless such delay exceeds 30 days.

Payment

We accept payment on-line by major credit and debit cards, as displayed on the site. If you wish to pay by any other method please contact us to make suitable arrangements. Ability to download purchased images will only be made avaiable following completion of the purchase process.

Refunds

Viewing the high resolution watermarked version of the image(s) you purchase should enable you to decide if the image is suitable for your purposes. If there is any doubt we would suggest you do not make the purchase. If the image does not meet your requirements, providing you contact us within 7 days of your purchase, we will replace the image with another of image your choice of equivalent value. Alternatively we will offer a full refund subject to meeting the refund conditions below. After 7 days the puchase will be considered final and refunds will not be available.

Please understand that you are buying a License to use the images we supply - you are not buying the image itself. Cancelling a purchase revokes your right to use the image. As such we require any customers who wish to have a refund to follow the following Refund Procedure:

You must email photos@thepigsite.com detailing the following information:

Your name, address and telephone number.
Purchase date, invoice number and image file name.
Your reasons for requesting a refund.
The intended use of the image at the time of purchase.
The Image number (or the image file name)

We will then send you a document that you must sign and return to us declaring that:

You have deleted all copies of the image file from all storage devices.
You have not copied the image file to anyone else.
You have not used the image or any part of the image for any purpose what-so-ever.

When we have received the signed document we will refund the payment to your credit/debit card that was used for that transaction. We do not offer refunds in cash or by cheque.

Complaints

Any complaints regarding the goods or services supplied should be made to the address at the top of the page. All complaints will be responded to within 48hrs (during the working week).

Other

These terms and conditions are subject to change without notice and do not affect your statutory rights as a consumer.

This agreement shall be construed according to the laws of England. The parties agree that the forum for all disputes concerning this agreement must be located in England.

Copyright ©2006 ThePigSite.com / 5M Enterprises Limited - All rights reserved.