1- Introduction

These Terms and Conditions serve as a non-transferable contract between you (the person viewing this Digital Asset Management system and using any content/Assets) and CITB (the owner of the Assets and metadata content available on this website).

Assets are any images, art work, video, or other material found on this Digital Asset Management system.

2- Terms and Conditions of use

Following are the Terms and Conditions that bind your use of CITB’s Digital Asset Management system.

Usage is free of charge for all the Assets displayed on this Digital Asset Management system for the specific purpose for which use was granted by CITB.  You must seek prior written permission for any other use of the Assets not agreed with CITB already. You may not sell, rent, loan, give, sub-license, or otherwise transfer to anyone Assets or the right to use the Assets and nothing you produce shall grant or purport to grant to any third party a right to use or reproduce the Asset(s). You agree to use your best endeavours to prevent third parties from reproducing or distributing the Asset(s).

CITB staff have permission to use the Assets in marketing materials, presentations, and to print, copy, reproduce, republish, download, post on a CITB website, display, modify, reuse, broadcast or transmit for official CITB use and publications in line with CITB branding guidelines.

Marketing agencies working with CITB, and given permission to access the Assets, have permission to use the Assets in marketing materials, presentations, and to print, copy, reproduce, republish, download, post on a CITB website, display, modify or reuse, for official CITB use and publications in line with CITB branding guidelines.

Other third parties given permission to access the Digital Asset Management system may only use the Assets within the terms of the permission given by CITB and, specifically, may not modify, broadcast or transmit the Assets.  By using any Assets on this Digital Asset Management system, you do not acquire any right, title or interest in the Assets and the right to use is on a non-transferable basis and you may not transfer or assign any rights to the Assets to any third party. 

3- Releases and Permissions

(a) CITB gives no rights or warranties with regards to the use of names, trademarks, logotypes, registered or copyrighted designs or works of art depicted in any  Asset, and you must satisfy yourself that all necessary rights, model releases, permissions or consents which may be required for reproduction or use are obtained.

(b) No valid model or other releases exist for any Asset on our website unless the existence of such releases is specified in writing by us. Errors might occur on the website, and therefore, you will need written confirmation for the existence of such model release. You agree to indemnify and hold CITB and its content producer and licensors harmless against all claims arising out of the use of any Assets where the existence of such release(s) has not been specified in writing by us.

4- Copyright Notice

Assets available on this Digital Asset Management system are protected by copyright in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

5- Indemnification

(a) You shall indemnify and hold CITB and its content producer and licensors harmless against all claims, loss, damage, proceedings or costs with respect to Assets that have been reproduced or used without effective rights, model releases, permissions or consents.

(b) You agree to indemnify and hold CITB, its licensors and content providers harmless against all claims, demands, costs, damages and related expenses, whether foreseeable or not, arising directly or indirectly in respect of any claims that the reproduction or use of any Asset provided to you by us infringes the intellectual property rights of a third party. For the purposes of this clause, the term "Intellectual Property Rights" shall include: copyright, database right, patents, registered designs, trademarks and service marks (whether registered or not), design right, and all similar property rights including those subsisting in any part of the world in drawings, software inventions and confidential information.

(c) You agree that you will not use or permit the use of our Assets to defame any person or violate any person's right of privacy or publicity, for any obscene or indecent purpose, or in any other way which is illegal or unlawful. You further agree not to use or permit the use of our Assets as a trade or service mark, or claim any proprietary rights of any sort in the Asset(s) or any part thereof. You agree to indemnify and hold  CITB, its licensors and content providers harmless against any claim, loss, damage or liability of any kind (including reasonable legal fees and expenses) arising from any use of the Assets other than in accordance with the terms of this Agreement.

6- Disclaimers

Except as specifically stated in these Terms and Conditions of Use, or elsewhere on the Digital Asset Management system, or as otherwise required by applicable law, neither CITB, nor its directors, employees, licensors, content providers, contributors, 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, or your inability to use, or the performance of this website or the content whether or not we have been advised of the possibility of such damages.

In no event will CITB, its licensors and content providers be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with these Terms and Conditions.

 CITB, its licensors and content providers use reasonable efforts to ensure the accuracy, correctness and reliability of the Digital Asset Management system, but we make no representations or warranties as to its accuracy, correctness or reliability.

7- Law & Disputes

This Agreement shall be interpreted, construed and governed by the laws of England and Wales. Venue for all disputes arising under this Agreement shall lie exclusively in the English and Welsh Courts and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, CITB 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 CITB, such action is necessary or desirable.

No action of CITB, its licensors and content providers, 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 be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.