PACIFIC CENTURY PUBLISHERS LTD - TERMS AND CONDITIONS
By using this website or downloading any images from this website, you are indicating your acceptance of the following terms and conditions of this agreement. If you are working on behalf of an employer or act as an agent, you and your employer or principal will be responsible for all the conditions laid down in this agreement. If there are any terms and conditions you do not agree with please discontinue using this website.
OWNERSHIP OF THE WEBSITE
This website is solely owned and operated by Pacific Century Publishers Ltd and all the content of the website, including design, text, graphics, photographs and software are owned by Pacific Century Publishers Ltd and its various suppliers and are protected by applicable trademark, copyright and other intellectual-property laws.
LICENCE TO USE OF IMAGES
Upon receipt of payment of the agreed licence fee, use of images will only be for the specified period and for the sole purpose as set out in these terms and conditions and/or as to any special conditions provided by Pacific Century Publishers Ltd in its quotation/invoice. All use of images must be dispensed with and/or returned upon the last date of the specified period unless otherwise requested by the user and agreed to by Pacific Century Publishers Ltd. Any requests for continued use of images must be received by Pacific Century Publishers Ltd for its approval ten days prior to the last date of the specified period.
All images are non-exclusive to the user unless requested otherwise and consented to by Pacific Century Publishers Ltd at a price to be determined by Pacific Century Publishers Ltd in that particular set of circumstances.
All licences are non-transferable and the user may not assign its rights, benefits and obligations without the prior written consent of Pacific Century Publishers Ltd. This agreement is not intended to benefit nor give rise to any rights in any third party.
The user may not remove, distort or alter any element of the images or modify them in any manner without first obtaining the written consent of Pacific Century Publishers Ltd.
The images on our website must not be posted on any other website or Internet bulletin board or loaded online in a downloadable format.
The user agrees not to display any image in a manner that could be in Pacific Century Publishers Ltd’s sole opinion defamatory, misleading, disparaging, libellous, obscene or otherwise objectionable to Pacific Century Publishers Ltd or display an image in such a manner so as to violate any law or regulation and shall indemnify Pacific Century Publishers Ltd for any action against any third party arising from such misuse.
INFRINGEMENT
If the user is found to have used any image for purposes other than those specified in these terms and conditions or as to any special conditions agreed to by Pacific Century Publishers Ltd in its quotation/invoice, the user will automatically be charged ten times the initial fee for such usage. This amount is to be paid within seven working days from and including the date of notice given by Pacific Century Publishers Ltd at which time, if payment has not been received, legal action will be taken for copyright infringement and Pacific Century Publishers Ltd reserves the right to terminate without reason any agreement that user may have.
MODEL RELEASES
While every care is taken to ensure our images are model-released, the user agrees not to presume that any model, property, trademark or logo release exists and the user indemnifies Pacific Century Publishers Ltd against any claims arising from breach of any intellectual property rights or any misuse of the images that infringes the rights of any third party.
LIMITATION OF LIABILITY
To the extent that the user may incur actual loss as a direct result of Pacific Century Publishers Ltd failing to meet its obligations, Pacific Century Publishers Ltd's liability shall be for actual loss and limited to the amount invoiced provided that the user supplies to Pacific Century Publishers Ltd details of such within thirty days of the date on which the failure first occurred and the user agrees to waive any other claim for set-off, compensation or damages whether such claim is for the benefit of the user of any third party.
DISCLAIMERS
Although Pacific Century Publishers Ltd takes every care in the accuracy of the content of the website and its images, Pacific Century Publishers Ltd shall not be liable for any damages of any kind suffered by the user or for infringement to the rights of any third party arising from any discrepancy on either the picture, its caption or the final reproduction and gives no warranty as to quality, merchantability and fitness for purpose other than those required by law nor will Pacific Century Publishers Ltd be liable for any legal action or damages that may occur from licensing of any of our images or use of our website, however direct or indirect they may be.
Where Pacific Century Publishers Ltd has consented to the use of images for sensitive issue, the user indemnifies Pacific Century Publishers Ltd from any claims by any third party for any reason whatsoever.
ALTERATION OF TERMS AND CONDITIONS
Pacific Century Publishers Ltd reserves the right to review from time to time and to alter the terms and conditions of this agreement and any information it provides on this website and any such changes shall be deemed valid and effective immediately. Where possible, Pacific Century Publishers Ltd shall endeavour to provide notice of such changes; however, lack of such shall not deem any changes or the agreement invalid.
LAW AND JURISDICTION
This agreement shall be interpreted, construed and governed by the laws of the Hong Kong Special Administrative Region without regard to conflict of law principles and the courts of the Hong Kong Special Administrative Region shall be used should any issues arise.
LEGAL COSTS
The user agrees to indemnify Pacific Century Publishers Ltd for any legal fees and costs incurred due to recovery of non-payment or as the result of any legal action.
HOW DO I CONTACT PACIFIC CENTURY PUBLISHERS LTD
If you have any questions regarding these terms and conditions, you can contact Pacific Century Publishers Ltd at (852) 2376 2085 or email Pacific Century Publishers Ltd at pacman@pacificcentury.com.hk |