Heathrow Image and Video Library Terms and Conditions
1.1. These terms and conditions apply to the use of Heathrow’s image and video library – [https://assetlibrary.heathrow.com/] (the “Library”) and any content you receive or download (including preview images and thumbnails) (the “Content”) and explains how you can use the Library and any Content.
1.2. By using the Library and / or accessing and/or downloading the Content, you agree to be legally bound by this agreement. Please read these terms carefully before you access the Library and before you download any Content. These terms tell you who we are, how you may use the Content, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Contact Information
2.1. We are Heathrow Airport Limited (“Heathrow”) a company registered in England and Wales. Our company registration number is 01991017 and our registered office is at The Compass Centre, Nelson Road, Hounslow, Middlesex, TW6 2GW.
2.2. You can contact us by telephoning our customer service team at [0844 335 10801] or by writing to us at [https://www.heathrow.com/contact-us/send-us-your-feedback].
3. Accessing and using our Library
3.1. Access to our Library is permitted on a temporary basis and Heathrow reserves the right to suspend, withdraw, discontinue or change any part of our Library, including the availability of any Content, without notice. We will not be liable to you if for any reason our Library or any Content is unavailable at any time or for any period.
3.2. You are responsible for ensuring that all persons accessing our Library through your connection are aware of this agreement and that they comply with these terms. Where you are provided with a username, password or any other piece of information as part of our security procedures you must treat such information as confidential and you must not disclose it to any third party. Heathrow has the right to disable any user identification code or password, whether chosen by you or allocated by Heathrow, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this agreement.
3.3. In accessing any part of our Library, you hereby warrant and undertake not to:
3.3.1. use our Library in such a way that disrupts, interferes with or restricts the use of our Library by other users;
3.3.2. use our Library or the Content for any activity or in any manner which breaches any applicable laws or regulations or infringes any third party rights;
3.3.3. use the personal information of another person in order to access or use our Library;
3.3.4. remove, obscure, or alter any copyright notices, trade marks, or other proprietary rights notices of ours or any third party, including those contained in the Content;
3.3.5. decompile, reverse engineer, disassemble, copy or adapt any software or other code or scripts forming part of our Library;
3.3.6. transmit any viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful through our Library.
4. Our Content
4.1. All use of the Content by you is subject to Heathrow’s prior consent in accordance with the terms of this agreement.
4.2. When selecting to “Download” any Content, you will be required to enter details of the purpose and manner of your intended use of that Content (the “Purpose”), which will be reviewed and considered by Heathrow. If Heathrow determines at any time, in its sole discretion, that it requires further information about the Purpose and/or otherwise about of your intended and/or actual use of that Content it may request this from you and you agree to provide such information to Heathrow. , Heathrow hereby grants you a royalty-free, worldwide, perpetual (unless and until revoked in accordance with this agreement), non-exclusive licence to use any Content downloaded by you, such licence to take effect automatically on downloading the relevant Content, for only the specific Purpose relating to that Content, such licence being on the terms of this agreement. You may not use any Content for any other purpose other the Purpose for that Content, unless you get prior written approval from Heathrow. You may not sublicence your rights under this agreement without prior permission from Heathrow.
4.3. For the purposes of this agreement, “use” means to copy, reproduce, modify, edit, synchronise, perform, display, broadcast, publish, or otherwise make use of the Content. All documents, presentations, images, artwork and/or other materials in any form or format created by you using any or all of the Content you have downloaded must not be displayed, broadcast, published or otherwise made available to any other party without the prior written consent of Heathrow at its sole discretion.
4.4. You may not use the Content in any of the following ways:
4.4.1. You may not use the Content in any sales, promotional, marketing or advertising materials without prior written permission or approval from Heathrow;
4.4.2. You may not use the Content on any materials except those materials being created for or relating to Heathrow;
4.4.3. You may not alter or manipulate the Content, add to it, crop it or delete any part, save only that Content may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the Content is not compromised. Any alteration or manipulation of Content beyond what is permitted under the preceding sentence must be approved by us in writing in advance of use;
4.4.4. You may not incorporate the Content or any part of it in a logo, trade mark or service mark;
4.4.5. You may not use the Content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations (including for sports content, any restrictions or credentials issued by a sports league or governing body);
4.4.6. You may not use the Content in any way that allows others to download, extract or redistribute content as a standalone file (i.e. the Content file itself, separate from the project or end use);
4.4.7. You may not use the Content in a manner that infringes upon any third party’s trade mark or other intellectual property rights, or would give rise to a claim of deceptive advertising or unfair competition;
4.4.8. You may not falsely represent that you are the original creator of any of the Content.
5. Intellectual Property Rights
5.1. All intellectual property rights and other rights that are not expressly granted in these terms are reserved by us and our content suppliers, and nothing in this agreement operates to transfer or grant any rights save as expressly provided herein.
5.2. In making use of the Content, where identified by Heathrow you must include the author’s name adjacent to the content or in production credits. The credit should be in the following form or as otherwise stipulated by Heathrow - “[author]/ © Heathrow Airport Ltd”.
5.3. Save as aforesaid, you may not use the name of Heathrow and/or its content suppliers without prior written approval.
6.1. Without prejudice to Heathrow’s rights as set out elsewhere in this agreement, Heathrow may terminate this agreement in its entirety or in respect of any or all Content used by you at any time if you breach any of the terms of this or any other agreement with Heathrow, in which case you must immediately:
6.1.1. cease using the relevant Content;
6.1.2. cease accessing the Library;
6.1.3. delete or destroy any copies of the relevant Content; and
6.1.4. if requested by Heathrow, confirm to Heathrow in writing that you have complied with these requirements.
6.2. Heathrow may discontinue licensing any item of Content at any time in its sole discretion. Upon notice from Heathrow, or upon your knowledge, that any content may be subject to a claim of infringement of a third party’s right for which Heathrow may be liable, you must immediately, and at your own expense:
6.2.1. cease using the relevant Content, and delete or destroy any copies of the same in your possession, custody and/or control; and
6.2.2. ensure that your clients, distributors and/or employer do likewise.
6.3. Heathrow may provide you with replacement Content (determined by Heathrow in its reasonable commercial judgment) free of charge, subject to the other terms of this agreement.
7. Representations and Warranties
7.1. Whilst Heathrow has taken reasonable steps to identify and obtain all necessary rights and consents in respect of the Content, for any and all Content licensed to you under these terms, Heathrow makes no warranty, representation or undertaking that your use of such Content in accordance with this agreement and in the form delivered by Heathrow (that is, excluding any modifications or amendments by you) will not infringe the intellectual property rights of third parties, or that all necessary waivers, consents, permissions or licences have been obtained from the authors and/or subjects of the Content. All Content is licensed under this agreement on an “as is” basis and you acknowledge and agree that any risk in this respect is borne by you.
8. Indemnity and limitation of liability
8.1. By using the Library and / or the Content, you agree to indemnify Heathrow and its parent, subsidiaries, affiliates, and content suppliers, and each of their respective officers, directors, and employees against all losses (including all direct, indirect and consequential losses), liabilities, costs, damages and expenses that Heathrow does or will incur or suffer, all claims or proceedings made, brought or threatened against Heathrow by any person and all losses, liabilities, costs (on a full indemnity basis), damages and expenses Heathrow does or will incur or suffer as a result of defending or settling any such actual or threatened claim or proceeding, in each case arising out of or in connection with:
8.1.1. your use of any Content; and/or
8.1.2. any breach or alleged breach by you (or anyone acting on your behalf) of any of the terms of this or any other agreement with Heathrow.
8.2. Heathrow shall not be liable to you for any indirect or consequential (whether economic or other) costs, expenses, loss or damage arising from your exercise of the rights granted to you under this agreement, save only that nothing in this agreement operates to exclude Heathrow’s liability for fraud or fraudulent misrepresentation or for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.
9. General Provisions
9.2. Entire Agreement
9.2.1. This agreement constitutes the entire agreement between the parties and supersedes any prior agreement or arrangement in respect of its subject matter save only that if the parties are engaged prior to this agreement in a contractual relationship and this agreement is entered into in connection with the performance of obligations or exercise of rights under that contract, the terms of that contract will continue to apply and govern the parties, and:
18.104.22.168. you have not entered into this agreement in reliance upon, and will have no remedy in respect of, any misrepresentation, representation or statement (whether made by Heathrow or any other person and whether made to you or any other person) which is not expressly set out in this agreement;
22.214.171.124. the only remedies available for any misrepresentation or breach of any representation or statement which was made prior to entry into this agreement and which is expressly set out in this agreement will be for breach of contract; and
126.96.36.199. nothing in this agreement will be interpreted or construed as limiting or excluding the liability of any person for fraud or fraudulent misrepresentation.
9.3.1. This agreement is personal to you and is not assignable by you without Heathrow’s prior written consent. Heathrow may assign this agreement, without notice or consent, provided that such entity agrees to be bound by these terms.
9.4. Right to review
9.4.1. Upon reasonable notice, you agree to provide to Heathrow sample copies of projects or end uses that contain licensed Content. If Heathrow identify use of Content outside of the licence granted to you, Heathrow may terminate this agreement and must comply with the termination provisions above, which includes ceasing to use any licensed Content.
9.5. Storage of Content
9.5.1. Upon downloading any Content from the Library, you agree to maintain appropriate security measures to prevent the Content from unauthorised use by third parties. In each case, you must keep any Content separate from your own images, videos and other content and ensure that the file or metadata identifies Heathrow as the owner of the Content, save in respect of your use of such Content for the Purpose.
9.6.1. If any provision or part-provision of this agreement is found by any court or body or authority of competent jurisdiction to be invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement. If any provision or part-provision of this agreement is deemed deleted, you and Heathrow shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
9.7.1. No variation of this agreement shall be effective unless it is in writing and signed by both you and Heathrow (or their authorised representatives).
9.8. No Partnership or Agency
9.8.1. Nothing in this agreement and no action taken by the parties in connection with it will create a partnership or joint venture or relationship of employer and employee between the parties or, give either party authority to act as the agent of or in the name of or on behalf of the other party or to bind the other party or to hold itself out as being entitled to do so.
9.9. Independent Contractors
9.9.1. Each party agrees that it is an independent contractor and is entering into this agreement as principal and not as agent for or for the benefit of any other person.
9.10. Rights of Third Parties
9.10.1. The parties do not intend that any term of this agreement will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person.
9.11. Governing Law and Jurisdiction
9.11.1. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
9.11.2. You and Heathrow both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation, save that Heathrow may seek interim injunctive relief or any other interim measure of protection in any court of competent jurisdiction.