Website terms and conditions of use
Last updated on November 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
WHAT’S IN THESE TERMS?
These terms of use (the “Terms”) tell you the rules for using the website www.wimbledonimages.com (or potentially www.images.wimbledon.com)] (the “Site”).
Click on the links below to go straight to more information on each area:
- Who We are and how to contact Us.
- By using the Site you accept these terms.
- There are other terms that may apply to you.
- We may make changes to these terms.
- We may make changes to the Site.
- We may suspend or withdraw the Site.
- Your account.
- How you may use material on the Site.
- Prohibited uses.
- Do not rely on information on the Site.
- We are not responsible for websites We link to.
- User-generated content is not approved by Us.
- Our responsibility for loss or damage suffered by you.
- How We may use your personal information.
- We are not responsible for viruses and you must not introduce them.
- Rules about linking to the Site.
- Which country’s laws apply to any disputes?.
- Our trade marks are registered.
WHO WE ARE AND HOW TO CONTACT US
The Site is owned by The All England Lawn Tennis Club (Championships) Limited (”We”, “Our” or “Us”). We are registered in England and Wales under company number 07546773 and have Our registered office at The All England Lawn Tennis Club, Church Road, Wimbledon, London, SW19 5AE. Our main trading address is The All England Lawn Tennis Club, Church Road, Wimbledon, London, SW19 5AE. Our VAT number is GB115 0747 40. We are a limited company.
To contact Us, please email images@aeltc.com or telephone Our customer service line on 0208 879 5615.
The Site is operated by Capture Limited of 14 High Street, Goring On Thames, Reading, Berkshire, United Kingdom, RG8 9AR (with company number 03669825) (“Capture”).
BY USING OUR SITE YOU ACCEPT THESE TERMS
By using the Site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use the Site.
We recommend that you print a copy of these Terms for future reference.
This Site is not intended for anyone under the age of 18. By accepting the Terms You represent and warrant to Us that you have reached the age of majority in your jurisdiction, and that you have the right, authority and capacity to agree to and abide by these Terms and/or to bind the company or other entity on whose behalf you are working (as appropriate) to abide by these Terms. You also represent and warrant to Us that you will use the Site in a manner consistent with any and all applicable laws and regulations.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
These Terms of use refer to the following additional terms, which also apply to your use of the Site:
WE MAY MAKE CHANGES TO THESE TERMS
We amend these Terms from time to time. Every time you wish to use the Site, please check these Terms to ensure you understand the terms that apply at that time.
WE MAY MAKE CHANGES TO OUR SITE
We may update and change the Site from time to time for business or operational reasons. We will try to give you reasonable notice of any major changes.
WE MAY SUSPEND OR WITHDRAW OUR SITE
The Site is made available free of charge.
We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.
YOUR ACCOUNT
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us at images@aeltc.com.
You accept all responsibility for all activity under your registration and account.
In consideration of your use of the Site, you agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Site.
HOW YOU MAY USE MATERIAL ON OUR SITE
We (or The All England Lawn Tennis & Croquet Club Limited and/or The All England Lawn Tennis Club (Wimbledon) Limited, collectively, “Club Affiliates”) are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Digital files, photographs, transparencies and negatives (the “Assets”) may be offered for the purpose of Reproduction *(as defined in the paragraph below) but for the avoidance of doubt does not include the actual work of art depicted in any of the aforementioned.
For the purpose of these Terms, “Reproduction” means any form of publication or copying of the whole or part of any Asset whether altered or not, and derived from any Asset whether by printing, photography, slide projection, xerography, artist’s reference, artist’s illustrations, layout or presentation, electronic or mechanical reproduction or storage by any other means and “Reproduce” and “Reproducing” shall be construed accordingly.
No part of the Site may be copied, downloaded or transmitted by any means save for any Reproduction made in accordance with these Terms. Except as expressly provided herein, the Site (or any derivative version of it), its contents and any member or account information may not in any form or by any means now known or hereafter developed be reproduced, displayed, downloaded, uploaded, published, repurposed, posted, distributed, transmitted, resold, or otherwise exploited for any commercial purpose without Our prior express written consent. All rights not expressly granted to you under these Terms, including ownership and title, are reserved for Us and/or the relevant owner and not transferred or licensed to you.
When you download Assets from the Site, or receive Assets from Us through any other means or mediums you agree to and accept the Terms.
You may only use Assets from the Site once you have completed a full registration and agreed to comply with these Terms.
We give no warranties as to the use of logos, names, trademarks, registered copyright, designs, works of art, works of architecture, and/or the names and/or likenesses of any people depicted in the Assets. You represent and warrant that you will comply with all applicable laws and regulations, including but not limited to copyright and trademark laws.
You must not use any Asset in a manner that would lead a reasonable person to believe that We, or any subject depicted in the Asset, personally uses or endorses a product or service, or if the depiction is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person. For any editorial uses, you may not Reproduce any Assets from the Site for any negative articles related to tennis, tennis players or Us and/or any Club Affiliate. These requirements are without prejudice to your obligations regarding use of Assets contained elsewhere throughout these Terms.
You must adhere to any stipulations or restrictions which are detailed in preview captions or attached to downloaded Assets (in the metadata fields).
You may not use watermarked Assets in any final products, either printed or electronic. You may not remove any watermark from any Asset.
The Reproduction by whatever means of the whole or any part of any Asset is strictly forbidden for any commercial use, unless expressly approved in writing from Us. In the event of an Asset being used for any such commercial use without such approval or otherwise than as allowed by this Agreement, We reserve the right to seek all applicable remedies including, without limitation, damages and injunctive relief via any method(s) available to Us.
Reproduction of the Assets, unless otherwise expressly agreed in writing by Us, is always subject to these Terms, shall be on a non-exclusive basis and for a period of not more than one year. You must state what project and/or the purpose for which the Assets are to be utilised before Reproducing any Asset and you shall only be entitled to use any Asset for the stated project and purpose disclosed by you prior to its Reproduction.
By downloading Assets, you are given the rights in respect of Reproduction detailed herein that are personal to you. You hereby agree that you shall not assign, license and/or otherwise transfer any such rights to any third party, save for the sole purpose of Reproduction on your behalf and you shall procure that any third party involved in the Reproduction of any Asset on your behalf complies fully with these Terms and you shall be liable to Us for any actions of any such third party which are in breach of or otherwise inconsistent with these Terms.
Assets must not be altered, manipulated, added to, have any part removed, and/or otherwise edited in any way unless express written consent is given by Us.
All images must be Reproduced alongside or near a copyright and credit notice, as supplied with the Asset, unless express written consent is given by Us.
You must provide Us with one complimentary copy or link to any publication in which there is a Reproduction of an Asset downloaded from the Site
If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
PROHIBITED USES
You may use the Site only for lawful purposes. You may not use the Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of these Terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of the Site;
- any equipment or network on which the Site is stored;
- any software used in the provision of the Site; or
- any equipment or network or software owned or used by any third party.
DO NOT RELY ON INFORMATION ON THIS SITE
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
Although We make reasonable efforts to update the information on the Site, We make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
You must satisfy yourself that all necessary rights, model releases and consents which may be necessary for Reproduction have been obtained.
You agree to fully indemnify and hold harmless Us, all Club Affiliates, Capture and Our or any Club Affiliate’s directors, employees, agents and content providers against third party claims, any losses, expenses, costs (including, without limitation, reasonable processional fees) or damages incurred as a result of or otherwise in connection with (i) Your breach and/or threatened breach of these Terms; (ii) any action, omission or breach of these Terms by any third party involved in the Reproduction of any Asset on your behalf; (iii) your unauthorised use of the Assets and related rights; and/or (iv) any inaccuracy in your representations given in connection with the Site and these Terms and you agree to use your best endeavours to assist Us in relation to any third party claim.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
USER-GENERATED CONTENT IS NOT APPROVED BY US
This Site may include information and materials uploaded by other users of the Site. This information and these materials have not been verified or approved by Us. The views expressed by other users on the Site do not represent Our views or values.
If you wish to complain about information and materials uploaded by other users please contact Us.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Whether you are a consumer or a business user:
We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
- We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Site; or
- use of or reliance on any content displayed on the Site.
- In particular, We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that We only provide the Site for non-commercial use. You agree not to use the Site for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- If defective digital content that We have supplied, damages a device or digital content belonging to you and this is caused by Our failure to use reasonable care and skill, We will either repair the damage or pay you compensation. However, We will not be liable for damage that you could have avoided by following Our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by Us.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will only use your personal information as set out in Our Privacy policy.
You are solely responsible for securing and backing up your content.
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access the Site. You should use your own virus protection software.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
RULES ABOUT LINKING TO OUR SITE
You may link to Our home page, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
You must not establish a link to the Site in any website that is not owned by you.
The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on the Site other than that set out above, please contact images@aeltc.com.
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
OUR TRADE MARKS ARE REGISTERED
We and/or Club Affiliates own a number of trademarks in numerous territories, including but not limited to:
- The following UK registered trademarks:
- THE CHAMPIONSHIP, Registration Number UK00000040977
- THE WIMBLEDON, Registration Number UK00000040979;
- W (logo), Registration Numbers UK00001285900, UK00001287779
- THE CHAMPIONSHIPS WIMBLEDON, Registration Numbers UK00001287777, UK00001316022, UK00001316023, UK00001316024, UK00001356738, UK00002154022, UK00002154024, UK00002154210, UK00002622260
- THE CHAMPIONSHIPS / WIMBLEDON, Registration Number UK00001287778
- THE CHAMPIONSHIPS W WIMBLEDON, Registration Numbers UK00001294908, UK00001356736
- ALL ENGLAND CLUB, Registration Number UK00001315709
- ROAD TO WIMBLEDON, Registration Number UK00002357547
- The following US registered trademarks:
- WIMBLEDON, Registration Numbers 0810411, 1231180, 1250414, 1262399, 1361088, 2193559, 2459074, 71276351;
- THE CHAMPIONSHIPS WIMBLEDON, Registration Number 4515252;
- THE WIMBLEDON EXPERIENCE, Registration Number 2652044; and
- BREAKFAST AT WIMBLEDON, Registration Number 2496435.