DD Image Licence
Licence to use DD Images - Conditions of their use by DD customers
DanceDirect has developed a portfolio of Dance Direct Images to support the marketing of its products. This portfolio is refreshed and updated annually and represents a substantial time and financial investment to DD. The DD Images also reflect the brand, quality and image which DD seeks to maintain and portray to its customers and to users of the dance-related products. DD therefore enforce a strict policy of usage to ensure that DD Images are used properly and consistently in the market place in the presentation of DD dance-related products and to ensure that the models are protected.
This Licence agreement sets out the legal basis upon which DD permits its intellectual property in the form of the DD Images to be used by you as an DD third party licensee. DD retain the ownership of all DD Images and Intellectual Property Rights under this agreement.
By using DD Images you are deemed to acknowledge and agree to the terms of this Licence.
- Definitions:
|
Expiry Date |
31 August each year or the publication of the next following annual DD Catalogue. |
|
Fee |
One pound (if demanded by DD) or free of charge to active DD customers when using the Images under the terms of this Licence. |
|
DD |
Dancing and Company Ltd, a company registered in England with registered number 03807473 with trading and registered office address at Unit 5, Kingsdown Orchard, Hyde Road, Swindon, Wiltshire SN2 7RR, United Kingdom. |
|
DD Images |
any digital, electronic, video, audio, mechanical or other image files together with any proofs, thumbnails or printed photographs or video footage or any other image format or derivation in which DD owns the copyright and which have been released for the current season. |
|
DD Watermark |
any images used under this image license must display the DD watermark, it should not be removed from the images and if not marked should be requested from DD before use under this image license. |
|
Materials |
the promotional, publicity and sales materials of the Licensee using any DD Images. |
|
Permitted Use |
the publication of DD Images on the Website or in the Materials for retailing purposes only and in a manner which does not, in the sole discretion of DD, compromise or misrepresent the values, ethos, quality and style which DD seeks to represent in the dance marketplace. |
|
Website |
any web pages hosted at or pointed to the Licensee’s web domain. |
- Licence: in consideration of the Fee being paid, DD hereby grants the Licensee the non-exclusive licence to use the DD Images until the Expiry Date for the Permitted Use only and in the manner set out in this Licence. The Licensee agrees to ensure that all Materials will either bear the DD Watermark or include the following notice © DD and that its use of the DD Images will not adversely affect the reputation, image and prestige of DD.
- Prior approval of commercial Website: any commercial use of the DD Images on an commercial (non dance teacher) website (such as Ebay, Amazon, Facebook & own website) requires the prior written approval of DD which approval may be refused at DD’s absolute discretion.
- Review of Website/Materials: a Website and/or Materials do not require the prior approval of DD provided that DD Images are faithfully reproduced as supplied by DD and are to include the DD watermark. However, DD reserves the right to request copies of all Materials used and to require that changes be made to the manner in which the DD Images are used in the Materials or on a Website in its sole discretion. Copies of any Materials requested must be provided to DD within 7 days of the request. If in doubt you should request prior written approval of Materials or Website.
- Format and Resolution: the DD Images must be used only in the original format supplied by DD and may not be cropped or otherwise manipulated without the prior approval of DD. The resolution of the DD Images must be maintained at a level sufficient to prevent loss of image quality in the Materials or on the Website.
- Changes and Removal of DD Images: If DD require you to change or remove any DD Images within your Material or Website, the necessary changes should be made by you within 7 days of the request. You should notify DD once the necessary removal or changes have been made and you should provide copies of the changed Materials upon IDS’ request.
- Child protection: certain DD Images feature models engaged by DD. All models have given their written consent to DD, and DD will not tolerate misuse or abuse of these DD Images.
- Confidentiality: Each party is to ensure that any information of a confidential nature is kept confidential and is not disclosed to third parties, unless it is agreed that disclosure of such information is necessary.
- Cost: DD shall not be responsible for any costs incurred by you in making changes to the Website or Materials at our request, or for any other direct or indirect costs associated with or resulting from the use of the DD Images.
- Infringement: Each party shall promptly notify the other of any actual or suspected infringement of the DD Images or infringement of third party rights as a result of its use of the DD Images. You agree to assist DD in dealing with any potential action relating to such infringements and that you will not do anything that could adversely affect DD’s position.
- No further licence: this Licence is for your use only and does not permit you to sub-licence the DD Images to a third party. A person who is not a party to this agreement shall not have any rights under or in connection with it.
- Time restriction: this Licence expires automatically upon the later of the annual release of a revised set of DD Images (upon issue of a new catalogue) or the Expiry Date and requires positive renewal by DD and the Licensee.
- Withdrawal/Termination of Licence: this Licence may be withdrawn at any time by DD in its absolute discretion by providing notice. Upon withdrawal, termination or expiry and non-renewal of this Licence the Licensee shall remove all DD Images from its Materials and/or Website within 7 days.
- Law: this Licence is governed by English Law and any dispute shall be settled by the courts of England and Wales.