BridgemanEducationT&C

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TERMS AND CONDITIONS FOR TRIALLING THE SERVICE

The individual (student, lecturer, researcher) agrees to abide by our terms and conditions upon subscribing to the service. Students, staff and other users are bound by the following terms under the trial of the service.

The digital images are the property of The Bridgeman Art Library and our contributors. These contributors include museums, galleries, historic houses, photographers and artists.

Permitted Users

Individuals are licensed to access and assess the content of the resource for educational purposes in accordance with their work or study. They are described in our full terms as 'Authorised End Users'.

Permitted Usage

For any further educational use, individuals should belong to a subscribing institution. When trialling the service, permitted educational use means: accessing of the content by searching and retrieving images online, creating slideshows online and by assessing the content. This is described as ‘Authorised Use’.

During the trial period, specifically excluded are: disclosure of the username and password to any other individuals; downloading of images; any display or exposure of images which will be made available to anyone who is not an ‘Authorised End User’; selling or licensing coursework without paying the appropriate fee; preparation of coursework including lectures, notes, seminars, essays, dissertations and theses which will be used or presented within or outside the context of the courses or educational teaching. Conveniently we are able to grant an additional license for any commercial or non-educational use such as in these cases.

In case of termination of the service

When the trial expires, the online service will no longer be available. Any individual requiring access to images will need to contact: pandora.matherlees@bridgemanart.co.uk to purchase an annual subscription.

Should a student, researcher, teacher or staff member require the rights to use images within the institution for any educational purpose, they may contact the relevant institution or inform us (pandora.matherlees@bridgemanart.co.uk) of the appropriate contact within their institution.

Please note that the Terms and Conditions for using the Images are only valid upon institutional subscription to the service.

TERMS AND CONDITIONS FOR SUBSCRIBING TO THE SERVICE

Summary of Terms and Conditions for Image Use

The University or institution agrees to abide by our terms and conditions upon subscribing to the service. All students, staff and other users are therefore bound by these terms under the licence.

The full terms appear at the foot of the registration and trial pages of the site and the key points for users of the service are summarized here for convenience.

The digital images are the property of The Bridgeman Art Library and our contributors. These contributors include museums, galleries, historic houses, photographers and artists.

Permitted Users

Or students or staff enrolled in courses or employed by the subscribing institution are licensed to use the images for educational purposes in the context of their work or study within the confines of their study. They are described in our full terms as 'Authorised End Users'.

Permitted Usage

Permitted educational use means: preparation of coursework including lectures, notes, seminars, essays, dissertations and theses which will be used or presented within the context of the courses or educational teaching offered by the institution. It is described as “Authorised Use” in our full terms.

Specifically excluded are: Any display or exposure of images which will be made available to anyone who is not an ‘Authorised End User’. Selling or licensing coursework including the images outside the institution without paying the appropriate fee.

This means that papers, dissertations, theses, lectures, coursework, presentations which are used or presented to persons outside the institution you belong to are excluded. Conveniently we are able to grant an additional license for any commercial or non-educational use such as in these cases.

Should a student, researcher, teacher or staff member require the rights to use images outside the institution for any purpose, they may contact: pandora.matherlees@bridgemanart.co.uk to obtain permission and a licence. A fee will usually apply.

Permitted display and viewing

Our licence with the institution is very flexible. The digital images can be:

1) Viewed online  2) Downloaded as a slideshow and viewed offline  3) Downloaded individually and viewed offline  4) Downloaded for incorporation to VLEs and intranet individually or incorporated into coursework 5) Printed from the site as individual images, slideshows or plain text using our print option 6) Incorporated into any software used for coursework and printed as required

Crediting/Citing the Images

It is good academic practice to cite the sources used when incorporating images, text, footage or the Copyright of any third party in coursework or research papers. You should keep a record of any images used or saved. Your department may have its own format, but our own guide as to cite the digital images follows:

Title, Date of work (if known), Medium (if known), Artist, Location, Bridgeman Art Library e.g.:

The Last Supper, 1495-97 (fresco) Vinci, Leonardo da (1452-1519), Santa Maria delle Grazie, Milan, Italy, The Bridgeman Art Library.

In case of termination of the service

Should the service be terminated the online service will no longer be available. Any individual requiring access to images will need to contact: pandora.matherlees@bridgemanart.co.uk.

Any images which have been incorporated into coursework by students and teaching staff will are permitted to remain as a record of that course or area of study. This includes slideshows which have been downloaded.

Any individual images downloaded or incorporated into VLEs must be destroyed if they are not an inherent part of a course.

Courses containing our images must be revised and the images removed if they continue to be taught by the subscribing institution after termination. However, the entire course can be retained as a record and for revision by students. Bridgeman Education has pre-cleared rights to offer a fee on an image-by-image basis for courses, papers, publications or public lectures. Fro any image/s you need to continue to use, please contact: pandora.matherlees@bridgemanart.co.uk.

Terms and Conditions for the Licensing of Photographs – Bridgeman Education 2006

Photographs are delivered at The Institution's request. The Institution shall be deemed to have accepted BAL’s Terms and Conditions once the database is made available to the institution. Any Institution who has previously dealt with BAL on the Terms and Conditions set out below will be deemed to have accepted them by virtue of The Institution’s request referred to above. Photographs, database and secure online service are the sole property of BAL or those for whom it acts as agents. No other rights are permitted other than expressly cited in this agreement.

Definitions For the purpose of these Terms and Conditions: (a) Photograph means Transparencies, computer generated facsimiles, digital (i.e. binary) format images, as a database or individually negatives, prints, designs, plates or other representations, records of copies of a Painting, or any other item which may be offered for the purposes of Reproduction, but for the avoidance of doubt does not include the actual work of art depicted in any of the above or in any Painting; (b) Painting shall mean any work of art depicted in any Photograph; (c) Reproduction includes any form of publication or copying of the whole or part of any Painting whether altered or not, and derived from any Photograph whether by printing, photography, slide projection (whether or not to any audience) xerography, browsing for study purposes, artist’s reference, layout or presentation, electronic or mechanical reproduction or storage by any other means; (d) BAL shall mean The Bridgeman Art Library, London/New York/Paris/Berlin; and (e) The Institution shall mean The Institution in receipt of this consignment (f) “Authorised End User” means only persons currently enrolled or employed by The Institution in a research or educational faculty (g) “Authorised Use” means access to photographs solely by “Authorised End User” for educational or research use and limited to browsing, copying and reproduction in course work, display and presentation in classroom. Photographs may be downloaded and integrated into the Institution’s secure image database in accordance with these terms. Photographs may not be made public in any way and specifically not on the internet. (h) Database means the compilation of photographs delivered via a secure online service on or web disc or DVD.

Delivery of Photographs

1. Photographs will normally be delivered by BAL to The Institution by first-class mail as a disc or via an authenticated secure online service.

2. The Institution acknowledges that prior to any consent for reproduction of the Photographs coming into existence: (a) it has been afforded a reasonable opportunity to inspect the Photographs or to have them inspected by experts; (b) it has in fact inspected the Photographs or had them inspected; (c) it has satisfied itself by such inspection as to the nature and quality of the Photographs as to their fitness for their intended purpose; and (d) it has not in any way relied upon the judgement of BAL as to the suitability and fitness of the Photographs for their intended purposes and uses.

3. Photographs supplied in any format do not need to be deleted or returned to BAL unless The Institution is not happy to comply with the Terms and Conditions set down herein; or unless the Licence has expired and it does not wish to renew the License. In such an event it should contact BAL immediately in order to arrange delete or return of the Photographs or any copies of the Photographs (see Termination clause below).

4. BAL warrants that for every photograph displayed it has an agreement with the contributing Photographer or museum.

5. Licence term is limited to one year following receipt of payment.

6. The Institution will ensure that only “Authorised End Users” have access to the  images and that they are used in accordance with the terms of this contract.

Licence for Use of Photographs

7. The copying or reproduction for any other purpose than “The Authorised Use”  by whatever means of the Photographs is strictly forbidden.

8. Any rights or permissions granted to The Institution shall be non-exclusive  one year term educational rights for “The Authorised Use” only.   9. The Institution shall ensure that credit to BAL is given in relation to every Photograph used and appears as:  © The Bridgeman Art Library – London, New York, Paris.  The Institution shall not use BAL’s name or similar name in any other manner in connection with any non-educational or Authorised Reproduction.

10. Photographs shall not be loaned, rented, delivered, supplied, sold or otherwise disposed of and no use whatsoever shall be made of them by the The Institution without prior written consent of BAL, nor shall the Photograph be altered or manipulated, added to, or have any part deleted without the prior written consent of BAL.

11. Any “Authorised Use” that may be granted as referred to in the definition is not assignable by The Institution to any third party without the prior written consent of BAL.

12. Record maintenance by Institution  The Institution may elect to enter and maintain its own records for files owned by BAL. All records added by The Institution to files owned by BAL are contributed on a one year licence, but subject to the flexibility of the termination agreement.

Warranties and indemnities

13. BAL Does not make or give either expressly or impliedly any warranties that any rights to reproduce the paintings depicted in the photographs have been granted; nor does it warrant that no third parties own rights in the paintings therein depicted. In addition, BAL makes no claim or warranty with regard to the use by the institution of names, people or trademarks depicted in the photograph. It is entirely the responsibility of the institution that it should not use the photographs in any way as may result in any breach or infringement of the moral rights of any artist or his successors. In the event that the photograph is used by or with the authority of the institution, then the institution shall indemnify BAL against any loss, damage, proceedings or costs where such rights, releases or consents have not been obtained. BAL charges a fee only for providing access to the photographs. If any copyright holder believes that they have rights to any photographs displayed or act as agent for any photographs displayed, They must write to the Bridgeman Art Library Copyright Service with proof of ownership upon sight of which we will remove any works displayed or insert the appropriate credit should the copyright holder wish to have the images remain there.

14. Photographs will remain under the sole control, protection and administration of the Institution. All photographs will remain physically at the location of the institution whether kept on CD ROM or placed in the institution's own internal database.

Limitation of liability

15. Except for any liability which cannot by law be excluded or limited, BAL shall on no account be liable to the institution or any other third party claiming through it for indirect, incidental, special or consequential damages arising out of, or relating to the use of the photographs, whether framed as a breach of warranty, in tort, contract, failure of essential purpose, or otherwise. In no event shall BAL's liability for any photograph provided hereunder exceed the charges and fees for such photograph set out in these terms and conditions or any related agreement.

16. Institution represents to BAL that its computer system which stores the photographs will be secured as such to prevent access by any person other than an “Authorised End User” and that it shall inform “Authorised End Users” about the terms and conditions of use of this resource. During the terms of this Agreement, the Institution will continue to make reasonable efforts to prevent unauthorised access and to ensure its “Authorised End Users” are so informed.

Charges and Taxes

17. The Institution shall be solely liable for any state or local sales, use or other taxes of a similar nature that may be due on account of The Institution’s use of the Photographs and other services provided under this Agreement.

Termination

18. In the event of termination or non-renewal, the database of photographs will cease to be available. (i) Any photographs used in student’s coursework throughout the year may be kept only as part of the coursework. (ii) Any teaching material containing the photographs may be kept for historical purposes provided it is not used for subsequent year’s teaching purposes. (iii) Any tutor wishing to re-use the teaching material may do so subject to consent by BAL and the payment of a reduced fee to be negotiated between the parties. (iv) Any individual photographs can be relicensed subject to negotiation with BAL. (v) Existing teaching material can be reviewed for student revision purposes subject to agreement by BAL.

Miscellaneous

19. These Terms and Conditions will terminate within 28 days if The Institution: (a) enters into voluntary or compulsory liquidation; (b) has a receiver appointed; or (c) fails to perform any of its obligations under these Terms and Conditions. In the event of termination, all rights granted under these Terms and Conditions shall immediately revert to BAL and any further exploitation of any Reproduction shall constitute an infringement of copyright.

20. Any publication right (as defined in the Copyright and Related Rights Regulations 1996) arising in respect of any Photograph from the use by The Institution of such Photograph shall rest with BAL and The Institution hereby assigns all such right arising to BAL. The Institution undertakes that it shall do all such acts and execute any documents reasonably required by BAL to give effect to this Condition.

21. The Institution agrees to receive email or postal updates as to new images added to the Database or other appropriate information connected with provision of the service or other BAL activities. The institution realises that automatic updates will occur on a nightly and that images may be added and withdrawn on a regular basis by the administrator.

22. These Terms and Conditions shall be governed by the law of England and the parties agree to submit to the jurisdiction of the English courts. Any controversy or claim arising out of or relating to these terms or otherwise arising out of any transaction between BAL and The Institution shall be settled by arbitration in New York City, New York, administered by the American Arbitration Association (the AAA). The determination reached in such arbitration shall be final and binding on both parties without any right of appeal of further dispute. Judgement upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction on thereof.

Collection Costs

23. The Institution agrees to pay BAL any and all costs expenses and reasonable attorney's fees paid or incurred by BAL in enforcing or endeavouring to enforce this agreement.

24. These conditions may not be varied or modified except by a written agreement signed by both BAL and The Institution. They do not constitute a partnership, agency, relationship or joint venture between the parties.

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