Terms And Conditions

Except as stated below, the contents of this website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of Charles I. Letbetter.

You may not distribute, display or copy any of the contents of the pages contained in this website to third parties including, but not limited to “caching” any material on this website for access by third parties and “mirroring” any material on this website. You may provide a link to this website from any other website without Charles I. Letbetter’s prior consent PROVIDED THAT you will remove such link if so requested in writing by Charles I. Letbetter.

All references to “you” herein are also deemed to be references to your directors, employees and agents or anyone else who accesses this website on your behalf or using information obtained by or from you.

In these Terms and Conditions, a “Moving Image File” is a file containing moving footage and a “Still Image File” is a file containing a still image. Moving Image Files and Still Image Files are together referred to as “Image Files”.

AVAILABILITY OF IMAGE FILES

Moving Image Files may be licensed via this website in three ways:

1. Licences of low-resolution preview files (“Preview Moving Image Files”); and
2. Education Licence for use of high-resolution master files by schools, LEAs and RBCs.

Still Image Files may be licensed from this website in three ways:

1. Licences of low-resolution preview files (“Preview Still Image Files”); and
2. Licences of high-resolution master files (“High-Resolution Still Image Files”).
3. Education Licence for use of high-resolution master files by schools, LEAs and RBCs.

These licences are available on the terms set out in this agreement.

NO PERFORMERS’ CONSENTS, PERSONALITY RIGHTS, MUSIC OR OTHER CONSENTS OR RELEASES EXIST ON ANY IMAGE FILE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY NECESSARY RELEASES OR CONSENTS REQUIRED FOR YOUR INTENDED USE OF THE IMAGE FILES AND PAYING FOR THESE.

INDEMNITY

You agree to indemnify and hold Charles I. Letbetter and/or the rights owner(s) of any Downloaded Image File, harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable legal expenses, arising from the use of any Downloaded Image File or any breach or alleged breach of this Agreement.

NO WARRANTY

The files are provided “as-is.” To the fullest extent permitted by law, Charles I. Letbetter and Captured Light Studios excludes all warranties and representations, expressed or implied, including but not limited to any implied warranties of satisfactory quality, fitness for any particular purpose, arising from a course of dealing or course of performance, noninfringement, quality of image, or compatibility with any computer hardware or other equipment, operating system or software programme.

Without limiting the foregoing, Charles I. Letbetter gives no rights or warranties with respect to the use of names, trademarks, registered or copyrighted designs or works of art depicted in any Downloaded Image File, and you must satisfy yourself that all necessary rights, consents or permissions as may be required for reproduction are secured. Charles I. Letbetter identifies each image to the best of its ability but cannot be held responsible for erroneous or incomplete information.

Charles I. Letbetter makes no representation or warranties as to the accuracy of the content, or that the use of this website will be uninterrupted or error-free or that this website is free from viruses or any other malicious or impairing computer programme. This website could include technical or other mistakes, inaccuracies or typographical errors. The use of this site is at your own risk.

LIMITATION OF LIABILITY

Under no circumstances shall Charles I. Letbetter be liable to you under, or in connection with, this Agreement, or your use of this site or from your access or use of any Image File, in contract or tort or otherwise and whether or not arising as a result of negligence for any loss of business, contracts, profits, anticipated savings or data or for any other indirect or consequential or economic loss whatsoever.

Charles I. Letbetter ‘s liability to you arising out of or in connection with this Agreement or the performance of or the observance of its obligations under this Agreement shall be limited to the fee paid to Charles I. Letbetter for the licence for such Downloaded Image.

You are solely responsible for determining whether an Image File or any related information is appropriate for your intended use and complies with any applicable laws, regulations, codes of practice or rules relating to such use.

Neither party shall be liable for any delay or non-performance under this Agreement caused by any event beyond its reasonable control (a “Force Majeure event”) PROVIDED THAT the party affected gives prompt notice in writing to the other party of such Force Majeure event and uses all reasonable endeavours to continue to perform its obligations under this Agreement. Either party may terminate this Agreement if such Force Majeure event continues and has continued for more than one month.

PROTECTION OF IMAGES

No user has the right to download any image from this website through any means, including screen captures, without the specific written permission of Charles I. Letbetter. All Downloaded Image Files remain the property of Charles I. Letbetter. You will not acquire any right, title or interest in or to any Downloaded Image File, including, without limitation, any electronic reproduction or promotional rights, and you will not make, authorise or permit any use of the digital files made therefrom other than as specified herein.

All rights not specifically granted to you are reserved to Charles I. Letbetter . Charles I. Letbetter’s copyright information and Image File identification number must be retained with the digital files while you retain them.

CREDIT

Images used editorially should bear a credit line to “charles i. letbetter”.

GOVERNING LAW

This Agreement will be interpreted and construed in all respects in accordance with the laws of the United Sates and any dispute in relation to such agreement shall be subject to the exclusive jurisdiction of federal law.

MISCELLANEOUS

This Agreement is not assignable or transferable by you.

This website may contain links to other websites not under the control of Charles I. Letbetter and is not associated with Charles I. Letbetter. Charles I. Letbetter is not responsible for the content of these sites and does not necessarily endorse the material on these sites.

This Agreement contains all the terms of the agreement between Charles I. Letbetter and you concerning the use of Downloaded Image Files, and no terms or conditions may be added or deleted unless made in writing and signed by both of us. These terms and/or any other terms agreed in writing by Charles I. Letbetter supersede any and all terms of your purchase order or other purported terms and conditions.

If any term, condition, or provision of these terms and conditions is determined to be unlawful, invalid, void , or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

No failure to exercise and no delay in exercising on the part of either of the parties any right, power or privilege shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or future exercise of any right, power or privilege.

In the event that any Downloaded Image File(s) are used by you in any web publication, you shall provide Charles I. Letbetter and Captured Light Studios with the relevant url for the usage.

CONTACT INFORMATION

In the event that you wish to contact Charles I. Letbetter for any reason, contact forms are provided throughout the website by clicking on the “CONTACT” tab or you may email charles@charlesiletbetter.com instantly.

If you have any questions or queries regarding any of the services or products featured please contact us using the form provided.