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National Gallery Images

NATIONAL GALLERY IMAGES - DIGITAL PICTURE LIBRARY WEBSITE

Set out below are the terms and conditions relating to:
  • 1. The use of this website, and
  • 2. The grant of Licences to use images from the Website
Please read these terms and conditions carefully. They create legally binding obligations.

TERMS AND CONDITIONS

USE OF THE WEBSITE

REGISTRATION

When you access this website ("the Website") of the National Gallery of Ireland ("the Gallery"), you will be invited to register as a user. This is optional unless you intend to apply for a licence to use images from the Website, in which case registration is obligatory.

If you register, you must provide accurate information during the registration process. You will be responsible for maintaining the confidentiality of your login and password access details. You may not allow others to use your access details and you will be personally responsible for any misuse or charges arising from the use of your account by third parties using your login details, with or without your permission.

Please read our Privacy Policy, accessible here which applies to the information we collect from you.

USE OF IMAGES ON THE WEBSITE

We invite you to use the Website freely for the purposes of browsing. However any use of images or other content on the Website for any other purpose requires a licence from the Gallery and is otherwise strictly prohibited. The process of application for a licence is set out below.

RESTRICTIONS ON IMPROPER USE OF THE WEBSITE

You must not misuse the Website by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or other material which is malicious or harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

The Gallery reserves the right to refuse access to the Website and/or the services contained herein in its discretion, including, without limitation, if the Gallery believes that particular conduct violates applicable law, is harmful to the interests of the Gallery or is in breach of these Terms and Conditions.

LINKING

You may not without the permission of the Gallery provide a link on your website to the Website, other than to the Home Page. Deep linking to any part of the Website other than the Home Page is prohibited.

LIABILITY

Please note the Gallery cannot guarantee that the Website will be fault free or that the information contained on the Website will be correct, The Gallery does not accept any liability for any damage or loss suffered by you (whether direct, indirect, special, incidental, punitive or consequential loss, including loss of profits) arising as a result of the Website or the information contained herein (including any errors, inaccuracies or omissions in such information or any faults, interruptions or delays in connection with the Website).

Without prejudice to the foregoing, the Gallery operates a "notice and takedown" policy in relation to the Website. If you believe that any content on the Website infringes your rights or the right of a third party, please notify the Gallery immediately.

 

TERMS AND CONDITIONS

LICENCE TO USE IMAGES

The following terms and conditions apply to applications to use images from the Website.

DEFINITIONS

In these terms and condition the following definitions apply:

  • The "Gallery/we/us/our" means the Board of Governors and Guardians of The National Gallery of Ireland and includes its successors and assigns and/or, where relevant, any agents acting on its behalf;
  • The "Client/you/your" means the person or entity making application to use an Image;
  • "Account" means a credit account held by a Client with the Gallery which the Client can use to purchase Images (up to a limit imposed by the Gallery) from the Website and which is invoiced to the Client;
  • "Application Form" means the electronic form on the Website completed by the Client;
  • "Basket" is what you use to store the images you intend to download for reproduction or publishing purposes. You will be required to enter some basic usage details for you to proceed with your order.
  • "Image" or "Asset" means a digital photograph, computer-generated facsimile, digital image, scan or any other item offered for the purposes of reproduction which is held by the Gallery as a digital image (including but not limited to Gallery-owned works of art) and can be offered to the Client for the purposes of reproduction.
  • "Licence" means the Image Licence Agreement between the Parties in the terms specified below;
  • "Medium" means the medium in which the Image will be reproduced, as specified in the Application Form.
  • "Party" means the Client or the Gallery as applicable;
  • "Permitted Use" means the use for which the Client proposes to use the Image, as specified in the Application Form.
  • "Reproduce" means creation of a copy of the Image by specified means, media and purpose as stated in the Application Form.
  • "Usage" is the purpose for which the image/asset is being downloaded.
  • The "Website" means the website www.nationalgalleryimages.ie
  • The "Term" means the period for which the permission to use the Image is granted, as specified in the Application Form.
  • The "Territories" means the geographical territories in which the Client may use the Image, as specified in the Application Form.

APPLICATION

Application to use an Image must be made online or on the Application Form for those ordering offline accessible here. The Application Form must be fully completed and submitted in the manner indicated thereon. When an application is successful, the Image will be sent by the Gallery to the Client. Images, when received by the Client, may only be used for the Permitted Use, during the Term, in the Territories and strictly in accordance with the terms of these Terms and Conditions and all other applicable laws.

ORDERING and ACCEPTANCE

ONLINE ORDERING

When the Client places an order to purchase images from the National Gallery Images website, the Client will be asked to accept the terms and conditions outlined. Once this has been done, we will then send the Client an email confirming receipt and details of the order which represents an agreement between us. In order to facilitate image downloads from the website you must pay by credit card. In certain circumstances organisations may apply to open a credit account with us (see further details on our registration page. Please refer to the HELP accessible here on the website for a full explanation of how this works.

CREDIT CARDS

We accept VISA and Mastercard online. AMEX can be processed offline. National Gallery Images is a remotely hosted website which provides secure online transactions with Worldpay.

PAYMENTS ON ACCOUNT

Organisations who are regular users of the website may apply to open a credit account accessible here. The opening of the account is at the discretion of the NGI and trade references will be required. The client will be invoiced when orders are placed. Invoices must be paid within thirty (30) days of the invoice date. Payment may be made in cash, by cheque (drawn only on an Irish bank). EFT (Electronic Funds Transfer) or credit cards VISA, Mastercard and Amex. If the Client does not settle an Account in accordance with this, then National Gallery Images; at its own discretion; may rescind these Terms and Conditions and relevant Licence and charge interest on the overdue amount by four percent (4%) per annum above the base rate on the outstanding balance from the due date of payment until actual payment.

OFFLINE

An ordering page is available on the website for those who do not wish to order and pay online accessible here.

RIGHT OF WITHDRAWAL AND REFUNDS

If the Client is unhappy with any image purchased from us, please contact us within 7 days of delivery of the image(s). We will endeavour to rectify the issue and if this is not possible, will provide a refund accordingly. If a licence has been approved, but you decide not to proceed with using the Image, then we will provide a refund for the licensing fee only within 30 days of notification from the Client. National Gallery Images will have no further liability to the Client.

DELIVERY

Certain Images are subject to copyright restrictions, others are not. Certain of them are readily available in high resolution, others require new photography. In relation to each of these categories, the following conditions apply:

a) IMAGES WITH COPYRIGHT RESTRICTION

In the case of Images shown on the Website as being available in High Resolution but subject to copyright restriction, authorisation must first be obtained by the Client from the artists, artist's estate or representatives before the Images are released by the Gallery. This artists' authorisation must be provided in writing including via email and once received by the Gallery, the Images will be made available for the Client to download for a period of thirty (30) days:

- Immediately following purchase if the Client holds an Account or has paid online using a debit or credit card; and

- Within three (3) working days if the Client applies for a new Account and is successful in this application.

b) IMAGES WITHOUT COPYRIGHT RESTRICTION

Images shown as available in High Resolution without copyright restriction will be made available for the Client to download for a period of thirty (30) days;

- Immediately following purchase if the Client holds an Account or has paid online using a debit or credit card; and

- Within three (3) working days if the Client applies for a new Account and is successful in this application.

c) IMAGES WHICH REQUIRE NEW PHOTOGRAPHY

If images are not available in high resolution, photography of the original artwork may have to be undertaken. This is not always possible if artworks are on loan to exhibitions abroad or are in our Conservation Studio. If however, the artwork is available for new photography, this shall incur an additional fee, for which the Gallery will provide a quote following receipt of the Application Form. Orders for new photography will be put on the Photography Dept. schedule, so delays may occur, depending on workload. Once the newly photographed Image is available, it will be made available for the Client to download for a period of thirty (30) days

- Immediately following purchase if the Client holds an Account or has paid online using a debit or credit card; and

- Within three (3) working days if the Client applies for a new Account and is successful in this application.

In all cases it shall be assumed that the total number of Images selected and paid for by the Client will have been received unless the Gallery receives written notice to the contrary within five (5) working days of the Images being made available for download.

LICENCE

Subject to these Terms and Conditions, upon the delivery of the Image to the Client, the Gallery grants to the Client a non-exclusive, revocable licence to reproduce the Image specified on the Application Form for the Permitted Use, in the Medium, within the Territories and for the Term specified thereon, and strictly in accordance with all applicable copyright law and other relevant statutory, regulatory and other requirements.

COMPLIMENTARY COPY FOR THE GALLERY

The Client shall supply a complimentary copy of any product, publication, broadcast or electronic reproduction made pursuant to the Licence within two (2) weeks of creation.

DESTRUCTION

The Client agrees to destroy or delete all Images supplied or downloaded and any copies made by the Client of such Images under these Terms and Conditions, within four months of such Images being made available for download.

COPYRIGHT

Copyright in the photography of the Images is vested in the Gallery unless otherwise stated. All reproductions of the Image made by the Client must include the following by-line "Photo National Gallery of Ireland" with the artist's name and the title of the work as supplied with the Image.

If the original artwork is in copyright, then an additional copyright line will be supplied at the time of Image release. As specified above, it is the Client's responsibility to clear copyright with artists or artists' representatives.

The Client undertakes to refrain from any breach or infringement of copyright in the Image, including the moral rights of the artist, and shall indemnify the Gallery against any such breach or infringement.

The Client must reproduce the Image faithfully and may not manipulate, crop, edit or superimpose type, part delete or deface it without prior written consent from the Gallery.

Application to reproduce a detail of an Image will be considered and if approved in writing by the Gallery, the picture credit specified above must include the following wording: "detail".

Please also read our Copyright Policy accessible here [link]

METADATA

The Client shall not under any circumstances remove metadata applied to the Images by the Gallery.

INDEMNIFICATION AND DISCLAIMER

The Client agrees to indemnify the Gallery in respect of all and any claims, damages, losses or costs arising in any manner whatsoever from the reproduction of the Images (including, but not limited to, the Client's failure to obtain licences, consents, permission or clearances as are necessary to reproduce or otherwise use the Images) unless such claims, damages, losses or costs arise by virtue of either the operation of these Terms and Conditions (which for the avoidance of doubt, incorporate the relevant Licence) or the Gallery's negligence.

The Gallery shall not be held liable for any damage, howsoever caused, arising from the Client's use of the Images including, but not limited to any damage arising from errors or omissions contained in and relating to the Image, the relevant copyright notice or in information otherwise displayed on the National Gallery Images website.

TERMINATION

The License herein contained shall be immediately revoked and this agreement terminated by the Gallery in the event of breach of any of the terms herein contained by the Client. Termination shall be without prejudice to any antecedent claim on the part of National Gallery Images. The Client's access to the Website may be suspended or terminated without prior notice.

ASSIGNMENT and THIRD PARTIES

Images are supplied to the Client for the purposes outlined in the Licence only and any artwork, printing plates, digital files or film separations using the Image or part of it shall not be lent, sold or otherwise circulated to a third party. The Licence granted is personal to the Client and is not assignable by the Client to any third party without the Gallery's prior written consent. No person who is not a Party to these Terms and Conditions will have the right to enforce them.

GOVERNING LAW

These terms and conditions are governed by the laws of Ireland. Any legal proceedings arising there from must be brought before an Irish court.