Big tick icon

Terms and Conditions of Use

Before you download or use any images from this site, please ensure you read the following terms and conditions of use. If you have any questions, please contact us.

  
  1. The following is a legal agreement ("Agreement") between You ("You", the "User") and the owner(s) of Xoodu Images ("Website", "We") which governs the use of images ("Images") obtained (downloaded or accessed in any other way) from our Website. By downloading an Image You agree to be bound by the terms of this Agreement automatically, without any other conditions or declarations. If You do not agree with these terms, You are not allowed to download the Image and/or use it in any way for any purpose at any time.

    If You choose to login, signup to, provide your details and/or use any facilities You are agreeing to this Agreement in its entirety. If You do not agree you must not and may not use the Website or any service or link on the Website. You must accept and abide by these terms as presented here to You. The Website may refuse access to the site for any non-compliance for any reason whatsoever without prior warning or any explanation after taking any such action. By using this site and/or downloading and/or uploading any material, You agree to be bound by this Agreement. This Agreement applies to You and, if You are using this web site on your client's behalf, to You and all your clients. Should You disagree with anything stated here please discontinue your use of the site and erase all data You have uploaded or downloaded.

  2. COPYRIGHT OWNERSHIP

    All Images on the Website are copyrighted and they are the sole and exclusive properties of the Website or its Image providers. The Images remain fully protected under the various intellectual property laws of the United Kingdom, International treaties and other applicable laws.

    The Images supplied to The Licensee are licensed, not sold, pursuant to these Terms of Use, and any use of The Images without agreeing to, or in breach of, these Terms of Use in full constitutes an act of copyright infringement. All rights are reserved unless specifically otherwise granted to You. Your rights to use the Image are subject to this Agreement and the restrictions specified at each Image.

    The Images may not be sub-licensed, distributed, transferred, assigned, provided in downloadable format or otherwise sold or traded in print, electronic or any other media or format for financial gain or any other form of advantage whether explicit or implied, without the prior express written consent of the Website.

  3. IMAGE USAGE RESTRICTIONS

    The Images must not be used in any way, manner or context that could be considered defamatory, discriminatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical, digital or visual changes, in the juxtaposition to accompanying text or images, or otherwise. This includes as part of any use involving sensitive subject matters including but not limited to: issues of sexuality and a sexual nature including sexually transmitted diseases, racism, criminal activity, substance abuse, alcohol, tobacco, violence, and physical or mental abuse, without advance written consent from the Website and any Model in such image(s), regardless of any supplied Model Release.

  4. MODEL AND PROPERTY RELEASES

    The User is solely responsible for any and all usage of The Images because The Website makes no representation of any kind as to the appropriate legal usage of any image and the User should seek out appropriate legal advice of their own before using The Images for any purpose, as they agree to bear the full legal liability for all usage.

    The Website gives no representations or warranties whatsoever as to the existence of any Release associated with the Image(s), and The Website gives no representations or warranties whatsoever with respect to the use of names, trademarks, logos, uniforms, registered or copyrighted designs or works of art depicted in the Image(s). You must satisfy yourself that all necessary rights, consents or permissions as may be required for any Reproduction of the Image(s) have been secured.

    The Licensee accepts sole responsibility for the use of The Images and agrees to fully indemnify and completely absolve the Website of any and all current or future liability of any kind. In no event shall the Website, his business and its subsidiaries or affiliates, be liable for any indirect, special, incidental or consequential damages, including, without limitation, damages for loss of goodwill or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of whether any claim is based upon any contract, tort or other legal or equitable theory, relating or arising from the use of The Images or this license Agreement.


  5. METADATA

    Accuracy of metadata (including EXIF or IPTC information embedded in The Images) or any other related information supplied with, or presented in relation to, The Images, cannot be guaranteed and is supplied as-is in good faith only for general guidance purposes and without any form of warranty for any purpose.

  6. REFUNDS

    Refunds are not possible once any image has been downloaded so please choose carefully. If you are unsure as to whether an image is appropriate for your needs or of sufficient technical quality or are not sure for any other reason, do not purchase the Image as that constitutes acceptance of this Agreement.

  7. EULA's (END USER LICENCE AGREEMENTS)

    Every Image supplied by Us to You is provided strictly within the terms of either a Royalty-Free EULA or Rights-Managed EULA, as indicated on the Image's detailed view page, and also at the point of pricing and purchase (click the two links above to read these Agreements). The full terms and conditions of the relevant EULA forms part of this Agreement whenever You download and/or use an Image in any way.

  8. YOUR ACCOUNT AND PASSWORD

    You are responsible for maintaining the confidentiality of your account number and/or password, and You shall not distribute this access information or allow others to use this access information to gain access to this site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify the Website of any unauthorized access or need to update or remove access for any of your employees or agents. You shall be liable for payment for all Images downloaded by others using your account, with or without your permission or knowledge prior to the time that You notify the Website of any unauthorized use. You agree that You shall not acquire any rights of use, ownership, or bailment as a result of using any the Website account or web site or related services. The Website shall not be responsible for any losses arising out of the unauthorised use of your Account.

  9. SECURITY

    You understand that the Website and products available for purchase through the Website, such as but not limited to images, sound recordings, videos and related artwork and other types of digital media (the “Products”) may include a security framework using technology that helps protect digital information. You agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by the Website for compliance purposes, and the Website reserves the right to enforce the Usage Rules with or without notice to You . You will not access the Website by any means other than through software that is provided by the Website for accessing the Website. You shall not access or attempt to access an Account that You are not authorised to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Website. Violations of system or network security may result in civil or criminal liability.

  10. You acknowledge that some aspects of the Website, Products, and administering of the Usage Rules entails the ongoing involvement of the Website. Accordingly, in the event that the Website changes any part of the Website or discontinues the Website, which the Website may do at its election, You acknowledge that You may no longer be able to use the website, user facilities or services to the same extent as prior to such change or discontinuation, and that the Website shall have no liability to You in such case.

  11. The Website may offer interactive features that allow You to, among other things, submit or post information, materials or links to third party content on areas of the Website accessible and viewable by other users of the Website and the public. You represent and agree that any use by You of such features, including any information, materials or links submitted or posted by You , shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that You have obtained all necessary rights, licences or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Website. Moreover, You hereby grant the Website a worldwide licence to use such materials as part of the Website, and in relation to Products, without any compensation or obligation to You except for obligations under existing Agreements.

  12. The Website reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. The Website has the right, but not the obligation, to monitor any information and materials submitted or posted by You or otherwise available on the Website, to investigate any reported or apparent violation of this Agreement, and to take any action that the Website in its sole discretion deems appropriate without limitation.

  13. ACKNOWLEDGMENT OF OWNERSHIP

    You agree that the Website, including but not limited to images, graphics, audio clips, and editorial content, contains proprietary information and material that is owned by the Website and/or its licensors/licesees, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for use of the Website in compliance with the terms of this Agreement. No portion of the Website may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Website, in any manner, and You shall not exploit the Website in any unauthorised way whatsoever.

  14. REMOVAL OF WEBSITE CONTENT OR OTHER MATERIALS

    Notwithstanding any other provision of this Agreement, the Website and its licensors/licensees reserve the right to change, suspend, remove, or disable access to any Products, services, content, or other materials comprising a part of the Website at any time without notice. In no event will the Website be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. The Website may also impose limits on the use of or access to certain features or portions of the Website, in any case and without notice or liability.

  15. WEBSITE COPYRIGHT

    All copyrights in and to the Website, including but not limited to, the Website (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by the Website and/or its licensors/licensees. The use of products and services or any part of the service except for use of the service as permitted in these terms of service is strictly prohibited and infringes on the intellectual property rights of others and may subject You to civil and criminal penalties, including monetary damages, for copyright infringement.

  16. TRADEMARKS

    The Website, the the Website logo, and other the Website trademarks, service marks, graphics, and logos used in connection with the Website may be trademarks or registered trademarks of the Website in the U.K. and/or other countries are solely owned by ourselves. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of their respective owners. You are granted no right or licence with respect to any of the aforesaid trademarks and any use of such trademarks, which may only be used publicly with the prior express written permission of the Website and with proper acknowledgement. The Website does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

  17. PAYMENT FOR PRODUCTS AND SERVICES

    You agree to pay for all Products and Services You purchase through the Website, and that the Website may charge by invoice on account, PayPal and/or your payment card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. You are responsible for the timely payment of all fees and for providing the Website with a valid payment card or account details for payment of all fees. All fees will be billed to the payment card, or the account, You designate during the registration process. If You want to designate a different payment card or if there is a change in your payment card or account status, You must change your payment card or account information online at the Account Info section of the Website. (There may be a temporary disruption of your access to the Website until the Website can verify the validity of the new payment card or  account information.) 

  18. ELECTRONIC SIGNATURES AND CONTRACTS

    Your use of the Website includes the ability to enter into Agreements and/or to make purchases electronically. By doing so You acknowledge that your electronic submissions constitute your Agreement and intent to be bound by and to pay for such Agreements and purchases. Your Agreement and intent to be bound by electronic submissions applies to all images, video and audio relating to all transactions You enter into on this site, including notices of cancellation, policies, contracts and applications. In order to access and retain your electronic records, You may be required to have certain hardware and software, which are your sole responsibility.

  19. DELIVERY OF PRODUCTS

    On occasion, technical problems may delay or prevent delivery of Product and Services. Whilst we will endeavour to avoid and minimise such disruptions where possible, You understand and agree that we cannot be held responsible for such disruptions. If You do not fully understand and agree to this condition, You must not use the service.

  20. WEBSITE ERRORS AND OMISSIONS

    Despite our best efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies, omissions, or typographical errors. Whilst we will endeavour to avoid and minimise such errors where possible, You understand and agree that we cannot be held responsible for them and usage of the Website is entirely at your own risk.

  21. IMAGE AND LICENCE PRICING

    Prices and availability of any Products and Services are subject to change at any time. We reserve the right to update and/or change our pricing structure for the entire catalogue of images, licences, products and services. We may offer images free to clients or potential clients and use images on our own and third party websites and within promotions free of charge and without payment due to You and without explanation, but are not obligated to do so at any time. 

  22. IMAGE WATERMARKS

    This site contains both Images that depict a visible watermark (Watermarked Images) and Images that do not contain a visible watermark (Non-Watermarked Images). In the event an image is downloaded without a watermark without the Website will not be liable for any loss. We do not allow the use of automated software or other crawling techniques for searching our web site and/or retrieve Images or related information.

  23. COPYRIGHT INFRINGEMENT

    The Website makes efforts to comply with and solve all issues regarding potential copyrights and trademarks available on the UK and international market. We do our best to identify and solve any copyright or trademark infringements, however if You have found a file that represents such an infringement please notify us immediately, in order that we may take the appropriate measures.

  24. CHILDREN

    Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, You warrant that You are 18 years of age or older.

  25. UNAUTHORISED USE

    Without limitation, unless explicitly stated or formally agreed otherwise in advance, Images may not be used as a trademark or service mark for any pornographic or unlawful purpose, to defame a person, to violate a person's right to privacy or publicity, to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. Unauthorized use of these Images constitutes copyright infringement and shall entitle the Website to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of the Website's rights or remedies in connection with any unauthorized use.

  26. INDEMNIFICATION

    You agree to indemnify, defend, and hold harmless the Website against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of this site and the use of any Image either alone or in combination with any other material, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to the use of an Image, alone or in combination with any other material.

  27. DISCLAIMER

    The Website is provided on an as-is basis and offers no warranty, explicit or implied, regarding the accuracy of any information, or any rights or licences under this Agreement, including without limitation, any implied warranties of merchantability or fitness for a particular purpose, or non-infringement, or that the site or any services will be interrupted or error-free.

    Except for any liability which cannot by law be excluded or limited, neither the Website nor any affiliates or members shall be liable for any other third party claiming through it or direct, indirect, incidental, special or consequential damages arising out of, or relating to the use of the images or content whether framed as a breach of warranty or merchantability or fitness for a particular purpose or noninfringement , upon any legal theory, in tort, contract, failure of essential purpose, or otherwise.

    Since the Website does NOT require a confirmed, written Model Release for each Image that has identifiable people or a confirmed, written Property Release for each Image that has identifiable property or trademarks, We cannot guarantee that you will be able to use the Image for any purpose You like. Also, if there is a Model Release and/or Property Release for the Image, We do not represent or make warranties whatsoever as to the legality or validity of it.

    Furthermore, certain Images may be subject to additional copyrights, property rights, trademarks etc. and may require the consent of a third party or the license of these rights. The Website does not represent or make any warranties that it owns or licenses any of the mentioned, nor does it grant them. It's your sole responsibility to make sure that You have all the necessary rights, consents and licenses for the use of the Image.

    You acknowledge that by your download the ownership of Image is not transferred to You and You must not claim that it is yours. Your license is non-transferable, which means that You are not allowed to sell, rent, give, sublicense, or otherwise transfer the Image or the right to use the Image to anyone else. The work You create with the Image must be used either by yourself or by your direct client. You warrant that You will do everything in your power to prevent third parties from duplicating and/or using and/or distributing and/or selling the Image in any way and assume full responsibility for any such actions.

  28. DAMAGES AND LIABILITY

    You agree that neither the Website nor any of its owners, directors, officers, employees, partners or agents shall be liable for any damages, whether direct, indirect, consequential or incidental, arising out of the use of, or the inability to use, the Image. You further acknowledges that You are responsible for any challenges made by any third party regarding copyrights in the Image.

    The Website may contain links to other websites; however, these other websites are not controlled by Us and We are not responsible for any content contained on any such website or any loss suffered by You in relation to your use of such websites. You waive any and all claims against Us regarding the inclusion of links to outside websites or your use of those websites.

    We use reasonable efforts to ensure the accuracy, correctness and reliability of information and media on the Website, but We make no representations or warranties as to the accuracy, correctness or reliability thereof.

    THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE WEBSITE DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

    THE WEBSITE SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE OR THE IMAGES.

  29. NOTIFICATION OF COPYRIGHT INFRINGEMENT

    The Website may terminate the accounts of users who infringe the intellectual property rights of others. If You believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website's site, send the Website a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that You claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that You claim is infringing is located on the the Website site; (iv) information sufficient to permit the Website to contact You , such as your physical address, telephone number, and email address; (v) a statement that You have a good faith belief that the use of the material You identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by You that the information in your notice is accurate and, under penalty of perjury, that You are the copyright owner or authorized to act on the copyright owner's behalf.

  30. REFEREES

    Any referees received from your account can be analysed by computer scripting or human administrators. If any fraudulent activity related to your account is traced, the Website may take further action in order to stop and punish delinquent accounts via legal means. We reserve the right to change the current terms and conditions in part or entirely. This program can be adjusted or canceled at our sole discretion and according to the program's activity, feedback and/or other input we receive. If You do not agree with these changes, You should stop referring the site and cease further participation immediately. 

  31. NO WAIVER / SEVERABILITY

    No action of the Website, other than an express written Waiver or Amendment, may be construed as a waiver or amendment of this Site Usage Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

  32. COMPLIANCE WITH LAWS

    You agree to comply with all laws, statutes, ordinances, and regulations that apply to your use of the Website.

  33. TERMINATION OF SERVICE

    The Website reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to You , and the Website will not be liable to You or to any third party should it exercise such rights.

  34. EMAIL

    If You authorise Us to send You promotional materials, We may do so using either the email or the mailing addresses You provide to Us. From time to time We may notify You of special promotions, new products or services, or other information that We believe may interest You.

    Should You not wish to receive this type of information, You will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by modifying your profile at anytime thereafter - We will not send you information if You expressly inform us You do not wish to receive such materials.

    If You would like to revise the information provided to Us, or feel that what We currently have on record is incorrect, You may update the information in the "Account" section of the Website.

  35. EMAIL DISCLAIMER

    The information contained in or attached to emails sent or forarded by The Website is intended only for the use of the individual or entity to which it is addressed. If You are not the intended recipient, You are not authorised to and must not disclose, copy, distribute, or retain any message or any part of it. If You have received an email in error, please contact the sender directly and immediately delete the material from any computer.

    We accept no liability for any loss or damage which may be caused by software viruses or interception/interruption of emails. The information contained or attached to an email may contain information which is confidential and/or covered by legal, professional or other privilege or other rules or laws with similar effect in other jurisdictions.


  36. DATA PROTECTION DISCLAIMER

    The information You supply to Us (for example, during the registration process) will be kept on a database for purposes as registered under the Data Protection Act. Please indicate in the boxes provided on the Registration Form if You do not wish these details to be used for communications from Us. We will, from time to time, have the opportunity to send You what We believe to be relevant offers from third parties. Please also indicate if You do not wish to receive these offers. You can email and/or write to The Administrator - Xoodu Images, Flat 4-23 Kempton Court, 2 Durward Street, London E1 5BB, UK if You would like Us to erase your information for You, however please note We cannot erase information we are obligated to retain under UK and International law.

  37. ABOUT COOKIES

    When you visit the Website, We place a text file called a "cookie" in the browser directory of your computer’s hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie.

    Cookies enable the Website to recognise the information You have consented to give Us, such as the Lightboxes You have created, and help Us determine what portions of the Website are most appropriate for your professional needs. As a result, cookies will allow You to (for example) retrieve previous image search results, access Lightboxes with ease, and view your previous invoices.

    We do not use cookies to examine your surfing behaviour before or after leaving the Website.

  38. GOVERNING LAW AND JURISDICTION

    This Agreement is governed by the laws of England and Wales whose courts are the courts of exclusive jurisdiction. This Agreement will not be governed by the United Nations Convention on contracts for the international sale of goods or any other similar convention or laws, the application of which are expressly excluded. We reserve the right to change this Agreement and any and all associated Terms and/or Conditions, the Security & Privacy Policies, prices, information and available contractual license terms featured on the Website without notice. These conditions set out the entire agreement between Us and You relating to your use of the Website.

    No action of the Website, other than an express, formal and officially authorised written waiver or amendment, may be construed as a waiver or amendment of any part of this Agreement or any and all associated Terms and/or Conditions or Security & Privacy Policy.

  39. This Agreement and any and all associated Terms and/or Conditions of Use, including but not limited to any applicable Royalty Free and/or Managed Rights EULA (End User Licence Agreement) terms, may change at any time without prior warning of any kind, and take effect immediately upon any such change.