Terms & Conditions
Below are the T&Cs of Use that govern your use of this site.
We strongly suggest that, due to their length and content, you print out a copy of these Terms and Conditions of Use and read through them thoroughly before continuing to order photographic images from Green Avocado.
These Terms and Conditions of Use are available in the form of a Word document, please click here Terms.doc to download the file.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Green Avocado ("Green Avocado" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR ORDER ANY IMAGES FROM IT. BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
Ownership of This Website
This website is owned and operated by Green Avocado. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, illustrations and software coding ("Content"), is owned by Green Avocado
All elements of Green Avocado's website, including, but not limited to, the general design and the Content, are protected by copyright, moral rights and other laws relating to intellectual property rights. Except as explicitly permitted under another agreement with Green Avocado, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Green Avocado unless otherwise expressly agreed. You shall indemnify Green Avocado and its content providers against any 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.
Ownership of Photographic Imagery
THIS SECTION OF OUR TERMS & CONDITIONS OF USE GOVERNS THE OWNERSHIP AND USAGE OF THE IMAGES YOU PURCHASE FROM GREEN AVOCADO
1. Definitions
In this Agreement the following definitions apply:
a) "Copyrighted Material" means any still image, including any negatives, transparencies, film imprints, prints, original digital files or any reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property rights, which have been purchased.
b) .The Purchaser. means any individual who purchases one or more photographic images via www.greenavocado.co.uk.
c) "Reproduction" and "Reproduce" include any form of copying or publication of the whole or a part of any Copyrighted Material, whether by printing, photography, photocopying, slide projection (whether or not to an audience), layout or presentation, use in a production process, electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the distortion or manipulation of the whole or a part of the Copyrighted Material (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Copyrighted Material may not appear to a reasonable person to be derived from the original Copyrighted Material. Reproduction also includes distribution in whole or in part of any Copyrighted Material via television, cable, telecommunications network or internet transmission.
2. Limitations on Use and Reproduction of Copyrighted Material
THERE ARE LIMITATIONS ON REPRODUCTION AND USE OF ANY PHOTOGRAPHIC IMAGES YOU ORDER OR REQUEST FROM GREEN AVOCADO VIA ITS WEBSITE.
As a member of the general public this means you may only own and display the photographic image you receive in a manner that is reasonable and consistent with personal use and where no profit is being made. Any form of image enlargement, reduction or reproduction that could reasonably be thought to be for personal or corporate gain, whether for profit or not, shall be deemed to be an infringement of these Terms and Conditions of Use and action will be taken against the purchaser.
a) Green Avocado grants no rights and makes no warranties with regard to the use of names, trademarks, trade dress, registered, unregistered or copyrighted designs or works of art or architecture depicted in any Copyrighted Material,
b) While Green Avocado makes efforts to correctly caption the subject matter of the Copyrighted Material, Green Avocado does not warrant that such information is accurate.
c) Pornographic, defamatory, libellous or otherwise unlawful use of Copyrighted Material is strictly prohibited whether directly or in context or juxtaposition with specific subject matter.
3 Copyright
No ownership or copyright of any Copyrighted Material shall pass to The Purchaser by Green Avocado. Except as expressly set forth in writing from Green Avocado, Green Avocado grants The Purchaser no right, express or implied, to the Copyrighted Material. The Purchaser shall acknowledge all applicable copyright protection of the Copyrighted Material.
4. Warranty and Limitation of Liability.
a) Green Avocado warrants to The Purchaser that the digital or analogue copy of the Copyrighted Material in the form sent to The Purchaser or delivered by Green Avocado by any means to The Purchaser will be free from defects in material and workmanship (not including "artefacts" or other flaws inherent in prints of a particular vintage) for 30 days from the date of delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital or analogue copy of the Copyrighted Material or refund of the fee paid by The Purchaser, at Green Avocado's option.
b) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5(a) ABOVE, GREEN AVOCADO MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GREEN AVOCADO SHALL NOT BE LIABLE TO THE PURCHASER OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF GREEN AVOCADO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
If Green Avocado is required to commence or threaten legal proceedings against The Purchaser to enforce any part of these Terms and Conditions of Use, whether a lawsuit is filed or not, The Purchaser shall indemnify and hold harmless Green Avocado for the reasonable legal fees and costs incurred by Green Avocado.
6. Parties' Obligation
Upon notice from Green Avocado, or upon The Purchaser's knowledge, that any Copyrighted Material is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Green Avocado may be liable herein, or if Green Avocado retires any Copyrighted Material for any reason, The Purchaser will physically remove the Copyrighted Material from its network, if possible, and cease any future use at its own expense. Green Avocado shall provide The Purchaser with comparable Copyrighted Material (which comparability will be determined by Green Avocado in its reasonable commercial judgment) free of charge, but subject to these Terms and Conditions of Use.
7. Refunds
Substandard or incorrectly supplied goods must be returned within 7 working days of delivery. Non delivery must be notified within 20 days of placing your order. Refunds will be issued within 28 days. Your statutory rights are not affected.
8. Unauthorised Use of Copyrighted Material
The Purchaser agrees to indemnify and hold Green Avocado (including its content providers and their respective directors, officers, employees and agents) harmless against any claim for damages, losses or any costs, including lawyers fees, arising in any manner whatsoever from the unauthorised use of any Copyrighted Material or for The Purchaser's breach of any of these Terms and Conditions of Use.
10. Miscellaneous Terms
No variation of any of these Terms and Conditions of Use shall be effective unless agreed to in writing by Green Avocado. No part of the content of Green Avocado's advertising materials shall form a part of this Agreement. No action of Green Avocado, other than an express written waiver, may be construed as a waiver of any part of these Terms and Conditions of Use. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion. Should any clause of these Terms and Conditions of Use be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the Terms and Conditions of Use contained herein and the terms contained on any purchase order sent to The Purchaser, the terms of this Agreement shall govern.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND GREEN AVOCADO EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Green Avocado WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT GREEN AVOCADO, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Green Avocado nor its directors, employees, 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 website or the Content whether or not we have been advised of the possibility of such damages.
Green Avocado 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.
There may be links to other websites from the Green Avocado website; however, these other websites are not controlled by Green Avocado unless expressly specified otherwise, and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Green Avocado regarding the inclusion of links to outside websites or your use of those websites.
Some US states and other countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
No Waiver, Severability
No action of Green Avocado, 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.
We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Green Avocado and you relating to your use of this website.
© Green Avocado All rights reserved.
Below are the T&Cs of Use that govern your use of this site.
We strongly suggest that, due to their length and content, you print out a copy of these Terms and Conditions of Use and read through them thoroughly before continuing to order or request photographic images from Green Avocado.
These Terms and Conditions of Use are available in the form of a Word document, please click here to download the file.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Green Avocado ("Green Avocado" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR ORDER/REQUEST ANY IMAGES FROM IT. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.
Ownership of This Website
This website is owned and operated by Green Avocado. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, illustrations and software coding ("Content"), is owned by Green Avocado and its content providers.
All elements of Green Avocado's website, including, but not limited to, the general design and the Content, are protected by copyright, moral rights and other laws relating to intellectual property rights. Except as explicitly permitted under another agreement with Green Avocado, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Green Avocado unless otherwise expressly agreed. You shall indemnify Green Avocado and its content providers against any 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.
Ownership of Photographic Imagery
THIS SECTION OF OUR TERMS & CONDITIONS OF USE GOVERNS THE OWNERSHIP AND USAGE OF THE IMAGES YOU PURCHASE FROM Green Avocado.
1. Definitions
In this Agreement the following definitions apply:
a) "Copyrighted Material" means any still image, including any negatives, transparencies, film imprints, prints, original digital files or any reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property rights, which have been purchased by a member of the press or general public.
b) "Invoice" means the computer-generated or pre-printed invoice provided by Green Avocado to members of the press that sets forth without limitation the specific areas of use for the Copyrighted Material. This Invoice grants the member of the press the reproduction rights chosen, sets forth any limitations and states the corresponding price(s) for the Copyrighted Material requested via www.greenavocado.co.uk. The Invoice shall be made a part of these Terms and Conditions of Use and shall be incorporated by reference herein, and together with this Agreement shall constitute the entire agreement between Green Avocado and the press member regarding the Copyrighted Material.
c) .The Purchaser. means any individual, whether a member of the press or the general public, who purchases one or more photographic images via www.greenavocado.co.uk.
d) "Reproduction" and "Reproduce" include any form of copying or publication of the whole or a part of any Copyrighted Material, whether by printing, photography, photocopying, slide projection (whether or not to an audience), layout or presentation, use in a production process, electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the distortion or manipulation of the whole or a part of the Copyrighted Material (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Copyrighted Material may not appear to a reasonable person to be derived from the original Copyrighted Material. Reproduction also includes distribution in whole or in part of any Copyrighted Material via television, cable, telecommunications network or internet transmission.
2. Limitations on Use and Reproduction of Copyrighted Material
THERE ARE LIMITATIONS ON REPRODUCTION AND USE OF ANY PHOTOGRAPHIC IMAGES YOU ORDER OR REQUEST FROM Green Avocado VIA ITS WEBSITE.
As a member of the general public this means you may only own and display the photographic image you receive in a manner that is reasonable and consistent with personal use and where no profit is being made. Any form of image enlargement, reduction or reproduction that could reasonably be thought to be for personal or corporate gain, whether for profit or not, shall be deemed to be an infringement of these Terms and Conditions of Use and action will be taken against the purchaser.
3 Copyright
No ownership or copyright of any Copyrighted Material shall pass to The Purchaser by Green Avocado. Except as expressly set forth in writing from Green Avocado, Green Avocado grants The Purchaser no right, express or implied, to the Copyrighted Material. The Purchaser shall acknowledge all applicable copyright protection of the Copyrighted Material.
4. Warranty and Limitation of Liability.
a) Green Avocado warrants to The Purchaser that the digital or analogue copy of the Copyrighted Material in the form sent to The Purchaser or delivered by Green Avocado by any means to The Purchaser will be free from defects in material and workmanship (not including "artefacts" or other flaws inherent in prints of a particular vintage) for 30 days from the date of delivery. The sole and exclusive remedy for a breach of the foregoing warranty is the replacement of the digital or analogue copy of the Copyrighted Material or refund of the fee paid by The Purchaser, at Green Avocado's option.
b) EXCEPT AS EXPRESSLY SET FORTH IN SECTION 5(a) ABOVE, Green Avocado MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Green Avocado SHALL NOT BE LIABLE TO THE PURCHASER OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF Green Avocado HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. Indemnification
If Green Avocado is required to commence or threaten legal proceedings against The Purchaser to enforce any part of these Terms and Conditions of Use, whether a lawsuit is filed or not, The Purchaser shall indemnify and hold harmless Green Avocado for the reasonable legal fees and costs incurred by Green Avocado.
6. Parties' Obligation
Upon notice from Green Avocado, or upon The Purchaser's knowledge, that any Copyrighted Material is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Green Avocado may be liable herein, or if Green Avocado retires any Copyrighted Material for any reason, The Purchaser will physically remove the Copyrighted Material from its network, if possible, and cease any future use at its own expense. Green Avocado shall provide The Purchaser with comparable Copyrighted Material (which comparability will be determined by Green Avocado in its reasonable commercial judgment) free of charge, but subject to these Terms and Conditions of Use.
8. Refunds
Substandard or incorrectly supplied goods must be returned within 7 working days of delivery. Non delivery must be notified within 20 days of placing your order. Refunds will be issued within 28 days. Your statutory rights are not affected.
9. Unauthorised Use of Copyrighted Material
The Purchaser agrees to indemnify and hold Green Avocado (including its content providers and their respective directors, officers, employees and agents) harmless against any claim for damages, losses or any costs, including lawyers fees, arising in any manner whatsoever from the unauthorised use of any Copyrighted Material or for The Purchaser's breach of any of these Terms and Conditions of Use.
10. Use of Copyrighted Materials in Final Elements
For purposes of this paragraph, final elements shall mean any end product produced by The Purchaser pursuant to these Terms and Conditions of Use, including but not limited to use in magazines, books, feature films, television productions, commercials and print advertisements ("Final Elements"). The Purchaser grants to Green Avocado the irrevocable, perpetual, royalty-free, non-exclusive right and license to use Final Elements solely for the promotion of Green Avocado.
11. Miscellaneous Terms
No variation of any of these Terms and Conditions of Use shall be effective unless agreed to in writing by Green Avocado. No part of the content of Green Avocado's advertising materials shall form a part of this Agreement. No action of Green Avocado, other than an express written waiver, may be construed as a waiver of any part of these Terms and Conditions of Use. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by a party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of those rights or remedies on any other occasion. Should any clause of these Terms and Conditions of Use be found unenforceable, that will not affect any other clause and each will remain in full force and effect. In the event of any inconsistency between the Terms and Conditions of Use contained herein and the terms contained on any purchase order sent to The Purchaser, the terms of this Agreement shall govern.
Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND Green Avocado EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Green Avocado WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Green Avocado, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Green Avocado nor its directors, employees, 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 website or the Content whether or not we have been advised of the possibility of such damages.
Green Avocado 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.
There may be links to other websites from the Green Avocado website; however, these other websites are not controlled by Green Avocado unless expressly specified otherwise, and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Green Avocado regarding the inclusion of links to outside websites or your use of those websites.
Some US states and other countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
No Waiver, Severability
No action of Green Avocado, 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.
We reserve the right to change these Terms and Conditions of Use prices, info rmation and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Green Avocado and you relating to your use of this website.
© Green Avocado All rights reserved.