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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I'm concerned about this image use agreement to use images

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I'm concerned about this image use agreement to use images of their products on our online retail website. We would absolutely not use the images inappropriately, but this agreement is sufficiently vague, I'm concerned that we could be liable for a considerable sum of money having not deliberately done anything wrong. Is this copyright agreement legal and binding given its vagueness?IMAGE USAGE AGREEMENT
Oriental Carpets and Rugs trading as Think Rugs offer the use of their images under the following terms:Images must not be altered in any way; including altering colours, adjusting brightness or editing image content. Images may only be resized and cropped to fit your needs.
The use of Think Rugs images is in this instance is granted for your company only. Under no circumstances must these images be forwarded or used by any other party. Images must come directly from Think Rugs.
Images must be used to sell official Think Rugs products only.
Think Rugs reserves the right to revoke permission to use the images at any time without forewarning or reason.
Think Rugs reserves the right to refuse permission for use of images without reason.
Images rights remain solely the property of Think Rugs.
Deviating from any of the above terms will result in compensation to Think Rug at the cost of £65 for each and every image provided and termination of permissions to continue to use Think Rugs images.Company Name (required)Your Name (required)Your Email (required)
Company Position
Date (DD/MM/YYYY)
Please list all of the intended places you plan to use the images:
Trading Name - Website Address

Hello,

Who has drafted this agreement?

Customer: replied 1 month ago.
It was provided by the wholesaler Oriental Carpets & Rugs. We need to sign it to receive their product images to put on our online retail website. I'm concerned that it is so vague that we could easily be liable for a lot of money without having intentionally done anything wrong.

You may ask them to include the following clause:

"Think Rugs warrants that the Images belong to it and that it will indemnify (your name/company name) fully against any action, claim or damages arising as result of the use of the Image (by you/your company name) in the event of breach of this warranty or in the event that a third party claims ownership of the Images"

I hope this helps. Please click on 5 stars if so.

Customer: replied 1 month ago.
They will not change the wording. My question still stands, is this agreement legal and binding given that passing images to a third party is open to interpretation. i.e our web site is hosted on a third party platform, so just uploading the images could be construed as violating their agreement.

Noted.

The agreement is legal and binding.

However, you need to seek clarification from them re: the issue of you passing the images on to your agents re: website hosting.

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