Climate Outreach (Climate Visuals) User Agreement
This agreement is between “Climate Outreach” (charity registration number 1123315, company number is 06459313, registered in England and Wales) and you the “registered user”. This agreement concerns the website, climatevisuals.org, owned by “Climate Outreach” and hereafter referred to as “Climate Visuals”.
All “registered users” of this website, climatevisuals.org agree to searching, accessing and downloading images to produce communication materials or research that is aligned with the purpose, focus and principles of “Climate Outreach” and “Climate Visuals” namely to drive impact, public engagement and support positive action against climate change.
Images within the “Climate Visuals” image library are available to view, download direct or obtain via link from third party sites as hosted or referenced by Climate Visuals, subject to our terms and conditions.
All of our images have been curated to specifically fit our best-practice evidence base of what makes not just illustrative but impactful images.
Climate Outreach provides the images and external links for use as defined herein, without any warranties or indemnities.
The exact visibility, accessibility, terms of usage, download and price [where applicable] will depend on:
The category of user, intended usage and the specific license terms under which an image has been supplied to Climate Visuals.
All our users are required to select their specific user category during registration. It is your legal responsibility under this contract to ensure that you are selecting the correct user category. If you are unsure as to which user category best defines you, please contact Climate Outreach (email@example.com). Guest users may view and curate images, but not download or obtain images.
Our ‘Non-Commercial Users’ are defined as one of the following three categories, and once registered may view, curate into lightboxes, download or otherwise obtain all images:
a) A third-party editorial media publication or platform (print or digital) using images editorially in journalism of climate change. Verified editorial media users may on occasion also get advance access to press release-linked material.
b) A third-party charity/non-profit/NGO communicating about climate change.
c) A third-party individual, educational or research organization using images for non-commercial educational purposes about climate change.
Our ‘Commercial Users’ are defined as follows:
d) Any other third party for-profit commercial brand, business, company, organization, entity or individual that does not fall into categories a), b), or c) above.
e) Where the usage is commercial (advertising etc) by a user who would otherwise usually fall into categories a), b), or c) above (for example an out-of-context non-editorial use by a media publication to advertise themselves, or an NGO wishing to sell prints of an image to generate revenue, etc).
NOTE: Users who may require both non-commercial and commercial usages should contact the Climate Visuals team at point of registration.
If a user under any of the above categories is a private individual under the age of 18, they must have consent to engage with https://climatevisuals.org and permission to enter into this User Agreement from their legal guardian.
Climate Outreach reserves the right to request evidence as proof of your chosen user category.
LICENSE TERMS OF IMAGES
Climate Visuals library hosts images that are available either for direct download (‘DOWNLOAD THE IMAGE’) OR references additional images from third-party sites (‘OBTAIN THE IMAGE’). These categories are distinct and labelled clearly at individual image level.
DOWNLOAD THE IMAGE
Images available for direct download are licensed or distributed to Climate Outreach by the copyright holder (photographer or organisations) under the agreement that Climate Outreach may distribute them to the above defined user categories a), b) and c) for non-commercial use.
Any unauthorized access by Users that fall outside of those specific types described above, and/or Users who use the photographs commercially, and/or Users who commercially exploit, sell, sublicense or re-distribute said photographs shall be in breach of copyright and the license under which Climate Outreach is distributing said images, and the User will be liable should the copyright holder choose to pursue the matter legally.
Furthermore, as required, a photo credit shall appear alongside all uses of the photographs (i) in a type no smaller than that of related text, and (ii) adjacent to or within each photograph or together with other similar credits and attributions, if the work in which the photograph was used includes all such notices in a single place whenever published or displayed by User. The photo credit for all photographs shall appear as detailed at source on the Climate Visuals website [format: Photo by Photographer Name/Organisation/Climate Visuals]
If you are interested in purchasing an extended license that allows certain commercial uses and includes certain warranties and indemnities , you will need to contact the photographer or agency in question directly.
In some instances, the photographs are licensed to Climate Outreach by the copyright holder under a Creative Commons license. The nature of the specific Creative Commons license will be displayed at individual image level on the Climate Visuals image library, but will most commonly be: Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0).
For information The “License Deed” for CC BY-NC-ND 4.0 is available online at https://creativecommons.org/licenses/by-nc-nd/4.0/, and the full text of CC BY-NC 4.0 is available online at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode. Under this license deed users may not redistribute images to third parties, grant sublicenses, nor commercially exploit images by any means.
OBTAIN THE IMAGE
Images available via links to and downloadable from third-party websites are subject to the license type, rights and restrictions and costs as associated with the image referenced.
These images may have a specific Creative Commons license type or be commercially rights-managed by a third-party agency. Users are advised to comply with all license types, purchase images accurately and observe restrictions to avoid being in breach of copyright and the licenses offered.
LINKS TO OTHER WEBSITES
Climate Outreach reserves the right to to terminate this agreement, suspend accounts, block users who infringe either intellectual property rights of any Climate Outreach or third-party content or indeed these our terms and conditions at the discretion of Climate Outreach
You agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms
(b) maintain and promptly update the Registration Data, and any other information you provide to Climate Outreach, to keep it accurate, current and complete
(c) maintain the security of your password and identification
(d) notify Climate Outreach immediately of any unauthorised use of your account or other breach of security
(e) accept all responsibility for any and all activities that occur under your account.
You agree to defend, indemnify and hold harmless Climate Outreach, its employees and independent contractors against any claims, damages, costs or liabilities arising out of or related to any image content or third party, external links.
“Climate Outreach” takes reasonable due care and effort in ensuring the website is safe and the information and content contained in this website is accurate at all times. However, “Climate Visuals” website, content are provided “as is” and “Climate Outreach” will not accept responsibility for the consequences of error or for any loss or damage suffered by users from visiting this website, browsing this website, using any information or content or materials contained on this website.