Terms and Conditions: WalesOnView

1. Introduction

WalesOnView is an online resource and contact point for the Visit Wales Image Centre: the tourism photographic unit of the Welsh Assembly Government.  Users of the WalesOnView online resource (the “Service”) may download, use and distribute Images featuring on the WalesOnView website in accordance with these terms and conditions (the “Conditions”) and our Image Distribution Policy.

The WalesOnView website is accessed via the website address www.walesonview.com (or such other website address as we may use in the future)(“this site”).

These Conditions apply to all users of this site and the Service and those using, or intending to use, any Images obtained via this site. These Conditions supersede any terms and conditions of purchase you may have.

Please read these Conditions carefully before using this site.  If you do not wish to be bound by these Conditions please leave this site immediately.

2. Definitions

In these Conditions:

"Image" means any visual item or digital file which may be offered by us for the purposes of reproduction (including where appropriate either a still photographic or video digital image file); and “Images” shall be construed accordingly.

“Image Distribution Policy” means our image distribution policy featuring on this site.

"We/us/our" means Visit Wales Image Centre: the tourism photographic unit of the Welsh Assembly Government acting on behalf of the Welsh Ministers of Cathays Park, Cardiff CF10 3NQ (together with our employees, agents and contactors).

"You" means the person or entity accessing and using this site, the Service and/or any Images. 

3. Use of the Service and Supply of Images

3.1 When using the Service and downloading Images you must comply at all times with these Conditions, our Image Distribution Policy and any other terms and conditions that may feature on this site from time to time.

3.2  You may use the Service to download/save low-resolution PDF Image collections from this site for evaluation and reference purposes only. You may NOT extract or use any embedded PDF image collection individual Images in any final products for distribution in printed or electronic format either inside or outside your company under any circumstances. You may not modify or remove any visible or invisible electronic watermark or copyright information. You may not redistribute or sublicense any Image supplied by us or downloaded from this site excepted as expressly permitted by us..

3.3 If you wish to acquire, download and use high-resolution Images from us, you must provide accurate information during the request process. Your request and use of any of our Images is personal to you and any company you may represent. You will be held responsible for any charges or claims arising from misuse of downloads of material from this site by either yourself or third parties to whom you supply such material. In downloading a high-resolution Image you agree to pay (where applicable) the appropriate licence fee for any use of that Image according to our Image Distribution Policy, this site and these Conditions.

3.4 You must adhere to any stipulations or restrictions that may be attached to downloaded Images (in the IPTC metadata information fields, readable using Adobe Photoshop's "File Info" and other types of software). These may include (but may not be restricted to) such warnings as "Editorial Use Only". In such a case the use of the Image for a non-editorial purpose (eg. advertising) is not permitted.   

4. Licence for Use of Images

4.1 The reproduction by whatever means of the whole or any part of any Image (including, without limitation, slide projection, artist's reference, artist's illustration, layout or presentation of Images) is strictly forbidden without our prior written permission. You must inform us of your proposals as to when and how an Image is intended to be used. We will then consider whether we would wish to grant a licence and, if so, on what terms.

4.2 No reproduction rights are granted by virtue of delivery of Images unless expressly indicated. Your right to reproduce an Image arises only if:

1. licence terms are agreed and
2. any invoice relating to the grant of such a right is fully paid.

Any reproduction before payment of such invoice or outside the terms of any licence constitutes an infringement of copyright and also a breach of theses Conditions entitling us to rescind any agreement between us and claim damages from you.

4.3 You must satisfy yourself that all necessary rights, model releases or consents which may be required for reproduction are obtained and that the use of any Image is not obscene, indecent, libellous or unlawful.

4.4  Reproduction rights (if granted) are, unless otherwise agreed in writing,:

1. subject to these terms and conditions and any other terms and conditions set out in any delivery note and any licence and/or which feature on this site and/or are contained in our Image Distribution Policy;
2. non-exclusive reproduction rights for single use only in the United Kingdom. A single use means reproduction in one size for one edition of a single publication, published in one language only;
3. strictly limited to the use, period of time and territory stated in the licence;
4. personal to you and not assignable by you to any third party.

4.5  If we agree that you may license the use of any Image to any third party, you shall enter into an agreement with such third party to ensure that they are bound by licence terms restricting printing, copying, networking, multiple access or other use of the Images to personal use only, forbidding the assignment, resale, rental and lending of the Image and ensuring that credit is given to us and the author. We may require prior approval by us of any such licence before you will be permitted to enter into such licence.

4.6 You must credit us and the author if specified by us when an Image is used. If you fail to credit the Image an additional 50% of the original licence fee will be payable.

4.7 You must not alter, manipulate, add to, or delete any Image (or part of it) without our prior written consent.

4.8 We reserve the right, upon publication, to be provided with at least one complimentary copy of any publication in which the reproduction of the Image appears and you agree to provide such complimentary copy to us immediately upon our request.

5. Digital Use of Images

5.1 You acknowledge that Images are our valuable property, as are any and all any digital Images created from the Images..

5.2 You may not create, store or transmit any and all any digital Images created from the Images without our permission except so far as is incidentally and wholly necessary to the process of producing items licensed by us. If permission is granted the following conditions apply:

5.3 Each digital Image created by you shall be recorded and labelled with the original Image reference number / filename used by us and our copyright credit information as an integral part of the image file, and held on an electronic database under your sole possession and control.

5.4 Unless otherwise agreed, any digital Image you create must not be greater in size than 640x480 pixels, 72ppi. Any use of such digital Images shall be in a format designed so that it will not be possible to alter, manipulate, or adapt any digital Image in any way during the normal course of using the product.

5.5 You agree to destroy any and all digital Images including any pre-press or pre-production copies of the Images and any copies or records of the images held on a database within 90 days of the date of receipt of the Images or completion of the maximum production run, or expiry of the licence term, whichever is later.

6. Commercial Distribution of Images

6.1 Any use of this site and our Service by you for the purpose of commercial distribution of Images must comply with these Conditions, our Image Distribution Policy and any other terms and conditions featured on this site.

6.2 You must settle any invoices payable in relation to such commercial distribution within 30 days of the date of any such invoice.

6.3 If you do not pay any invoice in accordance with these Conditions and any other applicable terms and conditions we may, at our sole option, terminate the agreement between us and any licence granted to you for commercial distribution of Images and commence legal action against you to recover any and all outstanding monies owed by you to us.  We shall, at our option, charge interest on all outstanding amounts at the rate prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 from the date payment was due until the date payment is made.

7. Termination of Licence

Any licence granted to you to use any Image by virtue of your use of the Service will terminate immediately if you:

1. die;
2. enter into a voluntary or compulsory liquidation;
3. have a receiver appointed; or
4. fail to perform any of your obligations under these Conditions within 28 days of our giving you notice to comply.

In the event of termination, all rights granted will immediately revert to us and any further exploitation by you of any Image shall constitute an infringement of copyright.

8. Ownership and Use of Proprietary Rights

8.1 All Images and information provided on this site are © Crown Copyright (2008) Visit Wales.

8.2 We own all copyright in all features of the Service (including, without limitation, the Images, the design of this site, all logos, text and graphics on this site) except such features which are owned by third parties.  You may only use such features of the Service as permitted by these Conditions.

8.3 As between us and you we own all rights to the names and logos for “WalesOnView” and “VisitWales” and you may not use these names or logos in any advertising in any advertising or promotional literature without our prior written consent.

8.4 All and any publication rights (as defined in the Copyright and Related Rights Regulations 1996) arising from your use of any Image shall vest in us and you hereby assign all such rights arising to us.

9. Indemnity

You hereby agree to fully indemnify, keep indemnified and hold us and any of our officers, employees, agents, sub-contractors and affiliated companies harmless from and against any and all costs, claims, losses, damages or liability and expenses (including but not limited to legal fees) made by any third party in any jurisdiction:

1. resulting from the unauthorised use by you of any Image;
2. arising from any reproduction (as detailed in condition 4 above) of any Image supplied to you .
3. due to or arising out of your use of the Service, your breach of these Conditions or any other breach of you of any third party or other rights.

10. Modification, Suspension and Termination of Service

We reserve the right at any time and from time to time in our sole discretion and with our without notice to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or your individual use of the Service.  You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service.  Our rights under this condition are in addition and without prejudice to all and any other rights and remedies that we may have.

11. Disclaimer of Warranties

11.1 We make no claim or warranty with regard to your use of content, names, text, people, trade marks or copyright material depicted in any Image.

11.2 You expressly understand and agree that your use of the Service is at your own risk.  The Service is provided on an “as is” and “as available” basis.  We expressly make no warranties of any kind as to the Service, whether express or implied, including, but not limited to, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement.

11.3 In particular, we make no warranty that:

1. the Service will meet your requirements;
2. the Service will be uninterrupted, timely, secure or error-free;
3. the quality of any products, services information or other material obtained by you through the Service (including, but not limited to, the Images) will meet your expectations;
4. any errors in the Service will be corrected immediately; and
5. this site is virus free and/or contains nothing that may have destructive properties.

11.4 Any content (including, but not limited to, the Images) downloaded or otherwise obtained through the use of the Service is done so at your own discretion or risk and you understand and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download by you of any such content.

12. Limitation of Liability

We shall not be liable for any loss or damage suffered by you arising from your use of this site, the Service and any or all Images including, but not limited to, loss of data, loss of profits, any delay or inability to use this site or any images or for information, products or services (including the Images) obtained from this site, In particular, we shall not be liable for any loss or damage suffered by you or by any third party arising from use or reproduction of any Image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.  Nothing in these Conditions shall limit our liability for any fraudulent statement or for personal injury caused by our negligence.

13. Third Party Links

From time to time this site may contain links to websites operated by parties other than us.  We have no control over these websites and we are not responsible for the content of such websites.  By offering you any links we do not either expressly or impliedly endorse anything contained on such websites or confirm any association with the operators of such websites.

14. Varying these Conditions

We may vary these Conditions at any time without notice to you by posting new terms and conditions on this site.  You are responsible for regularly reviewing these Conditions to obtain notice of such changes. After any variation it will be the then current terms and conditions displayed on this site that will be binding on you and your use of this site after any such change means you have accepted the new terms and conditions.  No variation of these Conditions proposed by you shall be effective unless expressly agreed by us in writing.

15. Disputes

In the event that you have any grievance or complaint concerning your use of the WalesOnView resource you are encouraged in the first instance to contact us via email at:

or in writing to The Visit Wales Image Centre at:

with the aim of resolving the issue.  Should any disagreement arise between us, we shall, if we both agree, first try to settle it using appropriate dispute resolution procedures.

16.  General

16.1 Notices to you relating to this site or these Conditions may be given either by email or standard mail or as outlined in condition 14 above.

16.2 These Conditions shall govern your access to and use of this site and all and any Images to the exclusion of any terms and conditions proferred by you.

16.3 If any court holds any provision of these Conditions to be void or unenforceable, it shall be deleted and the remaining provisions shall continue in full force and effect.

16.4 No failure or delay by us in exercising or enforcing any of our rights under these Conditions will be deemed to be a waiver of such rights nor bar their exercise or enforcement in future.

16.5 We shall not be liable for any loss suffered by you or deemed to be in default for any delays or failures in performance hereunder resulting from causes beyond our reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority or if our servers are not working.

16.6 These Conditions shall be governed by and construed in accordance with the laws of England and Wales and you and we hereby agree to submit to the exclusive jurisdiction of the courts of England and Wales.