TOURISM NI Media Library Terms and Conditions

TOURISM NI Media Library is operated by Tourism NI, the trading name of The Northern Ireland Tourist Board, with registered offices at Floors 10 - 12 Linum Chambers, Bedford Square, Bedford Street, Belfast BT2 7ES hereafter referred to as TOURISM NI.

Notice to User

This is a legal Agreement between You and TOURISM NI, in which You agree to be bound by the Terms and Conditions of this Agreement.

Below are the terms and conditions that bind your use of the TOURISM NI Media Library.

Please read this Agreement in full before you continue to use this Media Library, register or download Content. By clicking on the button that stipulates agreement to the following terms and conditions and using this Media Library, You agree to be bound by the terms and conditions of this Agreement. If You do not agree, click the Cancel Button to decline this Agreement and discontinue viewing this Media Library.

Ownership of the TOURISM NI Media Library

This Media Library and all contents are owned and operated by TOURISM NI. All of the content featured or displayed on this Media Library, including, but not limited to, text, graphics, photographs, Digital Images, all other images, animated images, footage, sound, illustrations and Software ("Content"), are owned perpetually by TOURISM NI.

Digital Images means Low Resolution Digital Imagery and High Resolution Digital Imagery available to download from the TOURISM NI Media Library which may be offered for the purpose of Reproduction.

High Resolution Digital Imagery means high resolution imagery and/or film clips available for downloading from the TOURISM NI Media Library which may be offered for the purpose of Reproduction.

Low Resolution Digital Imagery means low resolution images and films clips available for downloading from the TOURISM NI Media Library which may be offered for the purpose of Reproduction.

Software means any software programme or code provided by TOURISM NI in order to support the use of Content which are obtained by You from the TOURISM NI Media Library which may be offered for the purpose of Reproduction.

Reproduction and Use of Content

Reproduction means any form of publication or copying of the whole part or part of any Content whether altered or not, and derived from any Content whether by printing, photography, slide projection, xerography, layout or presentation, electronic or mechanical reproduction or storage by any other means.

All elements of the Media Library, including, but not limited to, the general design and the Content, are protected by trade copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written agreement with TOURISM NI, no portion or element of this Media Library nor its Content may be copied or retransmitted via any means by any other unauthorised party. This Media Library, its Content and all related rights shall remain the exclusive property of TOURISM NI.

You shall indemnify TOURISM NI, and any of its affiliates, officers, directors, employees and agents, against any liabilities, claims, losses, expenses, costs or damages incurred by any or all of them as a result of Your breach of the terms of this Agreement or Your unauthorised use of the Content and related rights.

The Reproduction or use by any means of the whole or any part of any Content for any commercial, non-tourism or non-editorial purposes is strictly forbidden. In the event of any such use of any Content, TOURISM NI reserves the right to seek damages or take legal proceedings against You.

You agree that Your use of any Content will not be obscene, offensive, indecent, defamatory or unlawful. Tourism NI makes no representations or warranties with regard to Your use of content, names, text, people, trademarks or copyright material depicted in any Content.When You download Content from the Media Library, or receive Content Files from TOURISM NI through the Media Library or any other media, You agree to accept all the terms of this Agreement. No variation of terms and conditions shall apply unless agreed in writing by TOURISM NI.

Reproduction is limited to the use, period of time, language and territory specified on TOURISM NI's written Confirmation of Permission to You. The copying or Reproduction by whatever means of the Image is forbidden other than the means defined in this Agreement.

Except as permitted by law, You may not de-compile, reverse engineer, disassemble or otherwise alter any Content owned by TOURISM NI.

Confirmation of Permission

TOURISM NI will issue a Confirmation of Permission to You when you complete Registration details and become a Registered User of the Media Library. TOURISM NI will specify the limitations of usage and not for profit, non-commercial restrictions which apply to the Reproduction of Content in publishing, transmitting or broadcasting the Content.

Registration

If You choose, or are provided with, a user identification code, password or any other piece of information as part of our registration process You must treat such information as confidential. You must not disclose it to any third party. You are responsible for the acts or omissions of any third parties using Your login details or account with or without Your permission, including any infringement or claim arising from downloads of any Content.

When you provide any personal registration information this will remain private within TOURISM NI and your previous transactions will be held within your personal use profile.

Non-exclusive Rights and Permissions

If TOURISM NI grants You the right or permission to Reproduce any Content, non-exclusive rights or permissions will be granted for a geographical distribution limited to the territory in which the Agreement is granted.

Reproduction of Content shall not be assigned by You, nor may any Image supplied to You be loaned or transferred to third parties except for the purpose of the exercise of Reproduction of the Image.

If TOURISM NI grants You the right or permission to Reproduce Content, this does not constitute a sale nor does it constitute partial nor other assignment of the copyright. The Content in all formats remain the perpetual physical property of TOURISM NI and the perpetual intellectual property of TOURISM NI.

Nothing in this Agreement constitutes a partnership, agency relationship or joint venture between TOURISM NI and YOU.

Termination

Without prejudice to any other rights available to TOURISM NI, any registration, rights or permissions shall terminate immediately in the event of death, insolvency, the appointment of a receiver, or any failure to perform any of Your obligations under this Agreement within 28 days of TOURISM NI giving You notice to comply.

In the event of termination of the Agreement, any rights or permissions granted will immediately cease and any further Reproduction or use of Content is not permitted.

Acknowledgement of TOURISM NI Copyright

When you Reproduce Content owned by TOURISM NI, You will include a copyright notice and acknowledgement adjacent to the Content which will adhere to the format: copyright Northern Ireland Tourist Board.

You will not use the name Northern Ireland Tourist Board nor TOURISM NI or any similar name in any manner in connection with any Reproduction, except as part of the acknowledgement required as stated above.

You will not loan, rent, deliver, supply, sell, sub-license or otherwise dispose of any Content without prior written consent of TOURISM NI.

You and a Third party

If Your actions are on behalf of Your Employer or another Third Party, then the Terms and Conditions of this Agreement apply to You, Your Employer or other Third Party.

Indemnity

You agree to indemnify TOURISM NI against any claims and expenses arising from Your use of Content.

Except as may be otherwise expressly stated in these terms and conditions, TOURISM NI exclude to the fullest extent permitted by law, any warranty, express or implied, regarding the contents of this Media Library or its availability. TOURISM NI will not be liable for any damages arising from the use of this Media Library or its unavailability, including but not limited to lost profits and direct, indirect, incidental, punitive and consequential damages.

The Terms and Conditions set out in this Agreement, together with TOURISM NI's written Confirmation of Permission, represent the entire Agreement concerning TOURISM NI's supply of  Content to You.

Unless expressly permitted by this Agreement, You will not undertake any obligations on TOURISM NI's behalf nor expose TOURISM NI to any liability nor pledge nor undertake to pledge TOURISM NI's credit.

Privacy Policy

TOURISM NI respects your rights to privacy and utilises the following practices in regards to any information we are provided or obtain about users of this Media Library in strict accordance with the UK Data Protection Act, 1998.

In order to fulfil licensing transactions or provide service to you as a customer of TOURISM NI, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, email address, organisation, address and phone number.

By providing this information to TOURISM NI, you are agreeing to allow us to utilise this information to complete all transactions you request through this Media Library and to disclose that information and details of all such transactions to appropriate TOURISM NI personnel.

Disclaimers

This Media Library and its Content are provided "as is". TOURISM NI excludes to the fullest extent permitted by applicable law any warranty, express or implied, including, without limitation, any implied warranties of satisfactory quality or fitness for a particular purpose. The functions embodied on, or in the materials of this Media Library are not warranted to be uninterrupted or error-free. You will assume the entire cost of all necessary servicing, repair or correction due to Your use of this Media Library.

Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on this Media Library, or as otherwise required by applicable law, neither TOURISM NI nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this Media Library or the Content whether or not we have been advised of the possibility of such damages.

TOURISM NI uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

TOURISM NI do not guarantee that this Media Library, or any Content on it, will always be available or be uninterrupted. Access to this Media Library is permitted on a temporary basis. TOURISM NI may suspend access, withdraw, discontinue or change all or any part of this Media Library without notice. TOURISM NI will not be liable to You if for any reason this Media Library is unavailable at any time or for any period.

Legal Jurisdiction

This Agreement shall be interpreted, construed and governed by the laws of Northern Ireland without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts. Venue for all disputes arising under this Agreement shall lie exclusively in the Courts of Northern Ireland. Each party agrees to the jurisdiction of these courts. Notwithstanding the foregoing, however, TOURISM NI shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-UK court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of TOURISM NI, such action is necessary or desirable.

No action of TOURISM NI, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

TOURISM NI reserve the right to change these Terms and Conditions of Use, the Privacy Policy, information and available contractual licence terms featured on this Media Library without notice. These conditions set out the entire agreement between TOURISM NI and You relating to your use of this Media Library.