By becoming a registered user of the Gallagher Media Library, you are accepting in its entirety the following Terms and Conditions.
This is an agreement between you and Gallagher North America.
The following terms and conditions (the “Terms and Conditions”) govern your use of the Library and form a legal agreement (the “Agreement”) between GALLAGHER NORTH AMERICA and you, your company, and/or your employer, as the case may be (collectively referred to herein as “You” or “Your”).
By providing You with a registered account, GALLAGHER NORTH AMERICA concludes that you accept this Agreement and accept all of its Terms and Conditions. By accepting, You confirm that You have read all of the Terms and Conditions and that You will abide by them and be bound by this Agreement.
1) Rights Granted
By the present License, GALLAGHER NORTH AMERICA grants to you, a non-exclusive, non sub-licensable, non assignable and non-transferable right to use the Visual Content you have selected solely for promotion of Gallagher products or services in advertising, marketing or editorial materials.
2.1 Under the terms of the present License, you ARE NOT granted the right to:
2.1.2 sublicense, distribute or make available for use or distribution, by any means, the Visual Content, whether in whole or in part.
2.1.3 use the Visual Content for any pornographic, unlawful purpose or use or to defame any person or violate any person’s right of privacy or publicity or to infringe upon any copyright, trade name, trademark or service mark of any person or entity.
2.1.4 use for sensitive subjects, including without limitation, topics that may depict the subject matter of the Visual Content in a negative or unfavorable light.
2.1.5 to sell, license or distribute any derivative work containing any Visual Content (End-Use) in a way that would allow a third party to download, extract or access the Visual Content as a stand-alone file.
2.1.6 to be used in a way to allow or invite a third party to download, extract or access the Visual Content as a stand-alone file.
2.1.7 use the Visual Content outside the parameters of use stated in Section 1 above.
3) Changes to the Terms and Conditions
GALLAGHER NORTH AMERICA reserves the right to change the Terms and Conditions at any time without prior notice. Your continued access or use of the Library and/or Visual Content after such changes indicates Your acceptance of the revised Terms and Conditions. It is Your responsibility to review the Terms and Conditions regularly.
Visual Content are and will remain the exclusive property and copyright of their respective photographers who created the Visual Content, licensors and/or GALLAGHER NORTH AMERICA. National copyright laws, international treaty provisions and other applicable laws protect the Visual Content. All rights not expressly granted are reserved.
5) Authorized Use of Visual Content
Use of Visual Content provided by the Library are defined and accepted by YOU on download of the specific media, as defined by the Usage Type.
6) Liability for Unauthorized Use of Visual Content
Any use of the Visual Content in a manner not expressly authorized by this Agreement or in breach of a term or condition of this Agreement constitutes copyright infringement, entitling GALLAGHER NORTH AMERICA and/or the copyright owner to exercise all rights and remedies available to it under copyright or other laws. You agree that You shall be responsible for any fees, damages and/or compensation resulting from any such unauthorized use, publication or transmission of any Image and copyright infringement, including any claims by a third party.
The license contained in this Agreement will terminate automatically without notice to You from GALLAGHER NORTH AMERICA if You fail to comply with any term or condition of this Agreement. Upon termination, You must immediately: (i) stop accessing the Library; (ii) stop using the Visual Content; (iii) destroy or, upon the request of Gallagher North America, return the Visual Content to Gallagher North America; and (iv) delete or remove the Visual Content from your premises, computer systems and storage, either electronic or physical.
If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
No action of Gallagher North America, other than express written waiver, may be construed as a waiver of any provision of this Agreement. A delay on the part of GALLAGHER NORTH AMERICA in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by GALLAGHER NORTH AMERICA of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy by GALLAGHER NORTH AMERICA on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.