1.1 These Terms and Conditions relate to a photographic library in relation to The Ocean Race as created and operated or as may be created and operated by The Ocean Race. and found at https://images.theoceanrace.com (referred to as the “photographic library”).
1.2 The use of this photographic library is provided subject to these Terms and Conditions.
1.3 By accessing and/or using any part of this photographic library you will be deemed to have accepted these Terms and Conditions. If you do not accept these Terms and Conditions you must not use this photographic library and must leave it immediately.
1.4 These Terms and Conditions may be updated by The Ocean Race at any time. You should therefore check the current Terms and Conditions in force periodically.
2.1 You are permitted to download and reproduce photographs from the photographic library for Editorial Use only (as defined below), provided that:
2.1.1 no related graphics, names, logos, symbols, trademarks (registered or unregistered) or any other part of any photograph is modified in any way;
2.1.2 no graphics are used separately from the accompanying text; and
2.1.3 the copyright notice of The Ocean Race appears in all copies made of any photographs.
“Editorial Use” means the use for private non-commercial purposes in unbiased print and online media publications including newspapers, magazines, trade publications, books, blogs, news websites, news web pages which have no commercial interest in the image subject matter, and excludes any use in or to create or establish any on-line archive or gallery of photographs whether for viewing and/or downloading by any third party or for any other purpose.
2.2 The rights set out in Clause 2.1 above are personal to you and are not transferable.
3. No right to use any Content unless explicitly permitted under these Terms and Conditions.
Except to the extent explicitly permitted under these Terms and Conditions, no portion or element of this photographic library or portion or element of its Content (as defined in clause 8.2 below) may be used, copied, transmitted, reproduced, republished, downloaded, linked, exploited in any way, sold, sub-licensed, used as the basis for another photographic concept or illustration, lent and/or hired or otherwise made available for any purpose via any means without the prior written consent of The Ocean Race. If you breach this clause 3, your permission to use this photographic library automatically terminates and you must immediately destroy any downloaded, stored or printed extracts from this photographic library.
4. No use for any unlawful, defamatory or prohibited purpose.
As a condition of your use of this photographic library you warrant to us that you will not use this photographic library, or any of its Content for any purpose that is unlawful, defamatory or prohibited by these Terms and Conditions.
5. No right to create any on-line gallery or archive.
You may not download or use any Content (or allow any Content to be used) in or to create or establish any on-line archive or gallery of photographs whether for viewing and/or downloading by any third party or for any other purpose.
6. No right to create any link.
You may not create or establish any link to or from the photographic library and/or any The Ocean Race website except with express prior written consent from The Ocean Race. Where consent is given, you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists. The Ocean Race reserves the right to withdraw linking permission at any time upon written notice.
The Ocean Race reserves the right to suspend or terminate your access to and/or use of this photographic library and any Content without notice to you in its absolute discretion. Termination will not affect any obligation or rights of the parties arising before the date of termination.
8. Ownership of the photographic library, the content and intellectual property.
8.1 This photographic library is owned and operated by The Ocean Race.
8.2 All of the content featured or displayed on this photographic library, including, but not limited to text, graphics, photographs, images, moving images, sound, illustrations, coding, names, logos, symbols and trademarks (registered or unregistered), design, layout, look and appearance ("Content"), is owned by The Ocean Race, its licensors and/or its content providers.
8.3 The Ocean Race reserves the right to alter, remove, add to or do any such other things to or in relation to the Content as it sees fit at any time in its absolute discretion, including but not limited to suspending access to the photographic library or closing it permanently.
8.4 The Content is protected from unauthorised use, including where relevant by copyright, moral rights, trademark and other laws relating to intellectual property rights.
8.5 This photographic library, its Content and all related rights shall remain the exclusive property of The Ocean Race or its licensors unless otherwise expressly agreed.
8.6 You acknowledge and agree that Atlant Ocean Racing Spain S.L. owns the exclusive right, title and interest in and to the trademark “The Ocean Race” alone and in combinations, and to The Ocean Race Trade Mark and any copyright, trademark or service mark registration that have issued or may issue thereon, and that any use of the The Ocean Race Trade Mark shall inure to the benefit of Atlant Ocean Racing Spain S.L.
8.7 You are not permitted to use or grant any sub-licence to any third party to use The Ocean Race trade mark or the Atlant Ocean Racing Spain S.L. trade mark except to the extent and upon the terms explicitly permitted under these Terms and Conditions.
9. Visitor material and conduct.
9.1 Unauthorised use of this photographic library may give rise to a claim for damages or be a criminal offence.
9.2 You agree to comply with all applicable laws and regulations as may be in force from time to time.
10.1 While The Ocean Race endeavours to ensure that the Content is correct, it does not warrant the accuracy and completeness of the Content. The Ocean Race may make changes to the Content at any time without notice. The Content may be out of date and The Ocean Race makes no commitment to update the Content.
10.2 The photographic library and its Content is provided without any conditions, warranties or other terms of any kind, to the maximum extent permitted by law.
10.3 Any website or company linked or listed in the photographic library or on the website which contains the photographic library is provided for your information only, and are not controlled by The Ocean Race. The Ocean Race shall not be responsible nor accept responsibility for any content or other matter contained in or connected in any way to any such third party website or company nor for any loss suffered by you in relation to your use of any such websites or companies. You agree to waive any and all claims you may have against The Ocean Race arising from the inclusion of links to ay such third party websites or company and/or your use of any content or other matter contained in or connected in any way to any such third party website or company.
11.1 You shall not hold The Ocean Race nor its directors, employees, licensors, content providers, affiliates or other representatives liable for any loss that may result to you or a third party in connection with the photographic library in any way or in connection with the use, inability to use, or the performance of this photographic library or the Content.
11.2 The Ocean Race excludes to the fullest extent permitted by law any warranty, express or implied, in relation to the photographic library, the Content or the website which contains such photographic library.
11.3 Nothing in these Terms and Conditions shall exclude The Ocean Race’s liability for personal injury or death resulting from negligence or for fraud or for any matter which cannot be excluded or limited under applicable law.
12. Indemnification for Breaches.
You agree to indemnify, defend and hold harmless The Ocean Race, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of these Terms and Conditions or your unauthorised use of the Content and any and all related rights.
We process information about you in accordance with these Terms and Conditions and you consent to such processing and you confirm that all data provided by you is accurate. We will not pass your information to third parties; however we may contact you about our services and/or the services and/or products of any company within the The Ocean Race Group of Companies if the need arises.
14. Responsibility for software protections.
It is up to you to ensure that you have made all the arrangements necessary for you to have access to our photographic library, including protection from malicious software. You are also responsible for ensuring that anyone accessing this photographic library through your internet connection is aware of these Terms and Conditions and you are responsible for their compliance with them.
15. General provisions.
If any of the provisions of these Terms and Conditions should be determined to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
16. Complete agreement.
17. Governing law and jurisdiction.
These Terms and Conditions shall be governed by and construed in accordance with English law. Any disputes arising in connection with these Terms and Conditions or the photographic library or its Content shall be subject to the exclusive jurisdiction of the English courts.