Terms and Conditions

Terms And Conditions

These terms and conditions of use constitute a legal agreement between you and The Beauty Grid. Your use of this website constitutes your acceptance of the terms. If you do not agree with the terms, please do not use this website.
Ownership of This Website and Its Contents

This website is owned and operated by Jack Eames Photography Ltd. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, illustrations and software is owned by The Beauty Grid, and its content providers. All photographs images and illustrations are the property and copyright of Jack Eames (Jack Eames Photography Ltd).

All elements of the The Beauty Grid website, including, but not limited to, the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with The Beauty Grid, no portion or element of this website or its content may be copied or retransmitted via any means and this website, its content and all related rights shall remain the exclusive property of The Beauty Grid or its licensors.

You shall indemnify The Beauty Grid and its licensors against any losses, expenses, costs or damages however incurred by any or all of them as a result of your breach of these terms or your unauthorized use of the content, website and related rights.

Use of the Site

This website and its content are intended for customers of The Beauty Grid. You may not use this website and its content for any purpose not related to your business with The Beauty Grid. Any use of the content, this website or any of its functionality for a purpose not permitted by these terms is grounds for the immediate revocation of any usernames, passwords or other permissions that may have been granted by The Beauty Grid for use of this website.

Privacy Policy

The Beauty Grid does not sell or rent information about our customers to any third parties. All information supplied to us, including your email address and telephone number, is used for internal purposes only, in order to stay in touch and inform you of the latest news, promotions and updated website information. Your website activity is anonymously recorded in order to improve the functionality of the website and our service.

Cookies are used by the website to facilitate key features of the website, as well as for authentication and security purposed for registered and logged-in users. A cookie is a small file that is downloaded from the site into your hard drive automatically. You have the option to accept or decline cookies when you visit our website.

The Beauty Grid will periodically send emails and updates that may be of interest to you. Your information is specifically processed to manage your customer account, as well as occasionally sending you marketing emails informing you of our latest collections, website updates, trade events, or send seasonal greetings. The responsibility of processing this data is only via The Beauty Grid. If you do not wish to receive these emails, please contact us and you will be removed from future lists.

Copyright

All photographed images and illustrations are the property and copyright of Jack Eames (Jack Eames Photography Ltd). Images owned by Jack Eames Photography Ltd and managed by The Beauty Grid are protected under National and International Copyright Laws. No images or their parts may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical or otherwise without prior written permission from The Beauty Grid. The Beauty Grid is assertive in pursuing circumstances where it perceives the copyright of its work has been breached and where it perceives the law has been broken.

Image Licensing

All images requested and purchased through The Beauty Grid are offered on an individual licence basis and are non-exclusive. The copyright of the image is always retained by Jack Eames (Jack Eames Photography Ltd) and managed by The Beauty Grid. The licences serve to protect the rights of Jack Eames Photography Ltd and The Beauty Grid. When an image is licensed, there will be standard terms and conditions of use outlined with your specific usage rights. This takes effect once the licence has been agreed, with the full The Beauty Grid licensing and purchasing terms.

How Can I Use Licensed Content?

You may use licensed content in any way consistent with the rights granted below, the terms outlines in your license, and not restricted (see Restricted Uses).

Restricted Uses

a. No Unlawful Use. You may not use content in a pornographic, defamatory or other unlawful manner, or in violation of any applicable regulations or industry codes.

b. No Commercial Use of Editorial Content. Unless additional rights are specified on the The Beauty Grid invoice or sales order, or granted pursuant to a separate licence agreement, you may not use content marked “editorial” for any commercial, promotional, advertorial, endorsement, advertising or merchandising purpose. This type of content is not model or property released and is intended to be used only in connection with events or topics that are newsworthy or of general public interest.

c. No Alteration of Editorial Content. Content marked “editorial” may be cropped or otherwise edited for technical quality, provided that the editorial integrity of the content is not compromised, but you may not otherwise alter the content.

d. No Standalone File Use. You may not use content in any way that allows others to download, extract or redistribute content as a standalone file (meaning just the content file itself, separate from the project or end use).

e. No Sensitive Use Without Disclaimer. If you use content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example, sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model. For example, you could say: “Stock photo. Posed by model.” No disclaimer is required for content marked “editorial” that is used in a non-misleading editorial manner.

f. No False Representation of Authorship. You may not falsely represent that you are the original creator of a work that is made up largely of licensed content. For instance, you cannot create artwork based solely on licensed content and claim that you are the author.

g. No “On Demand” Products. Unless you purchase a customised licence, you may not use content in connection with "on demand" products (e.g., products in which a licensed image is selected by a third party for customisation of such product on a made-to-order basis), including, without limitation, postcards, mugs, t-shirts, calendars, posters, screensavers or wallpapers on mobile telephones, or similar items (this includes the sale of products through custom designed websites, as well as sites such as zazzle.com and cafepress.com).

h. No Electronic Templates. Unless you purchase a custom licence, you may not use content in electronic or digital templates intended for resale or other distribution (for example, website templates, business card templates, electronic greeting card templates, and brochure design templates).

i. No Use in Trademark or Logo. Unless you purchase a customised licence, you may not use content (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, tradename, business name, service mark or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such content (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the content or any similar content (including by us, our customers, or the copyright owner of such content).

j. No Machine Learning, AI, or Biometric Technology Use. Unless expressly authorised by The Beauty Grid, you may not use content (including any caption information, keywords or other metadata associated with content) for any machine learning and/or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons. Additionally, The Beauty Grid does not represent or warrant that consent has been obtained for such uses with respect to model-released content.

k. No Metadata Exploitation. Unless expressly authorised by The Beauty Grid, you may not use the caption information, keywords, accompanying text, or other metadata associated with content separate and apart from the content, or allow any third parties to access or use any such information associated with content.

Usage Rights: When images are licensed by The Beauty Grid, the usage is specified on the invoice and cannot be used for any other purpose. The license may not be transferred by you to a third party (including secondary rights) or publication without further agreement by The Beauty Grid, except in the following exceptions:

• Employer or client. If you are purchasing on behalf of your employer or client, then your employer or client can use the content. In that case, you represent and warrant that you have full legal authority to bind your employer or client to the terms of this agreement. If you do not have that authority, then your employer or client may not use the content. The rights purchased may only belong to you or your employer/client, depending on who is named as the “Licensee” at the time of purchase.

• Subcontractors. You may allow subcontractors (for example, your printer or mailing house) or distributors to use content in any production or distribution process related to your final project or end use. These subcontractors and distributors must agree to be bound by the terms of this agreement and may not use the content for any other purpose

The licence will state the media use, duration rights and the territories for the usage. Reproduction of an image may only take place once licence terms have been agreed and a licence granted, and all confirmed in writing. Following The Beauty Grid’s permission to use an image, all images must be destroyed after use or on expiry of the licence term and must not be stored beyond this date unless our express permission is given in writing. Any use of images not abiding to these conditions will be considered as a breach of these terms and an infringement of copyright. As a result we reserve the right to claim any damages that this incurs.

Licensing and Purchasing Terms: By downloading images from our website, either as a new payment or with an agreed pricing arrangement with The Beauty Grid, you are agreeing to The Beauty Grid non-transferrable Licensing and Purchasing Terms, which accompany all downloaded files and products, and outlines the terms and conditions of the licence.

Usage Fee: A fee is generally payable to license any rights-managed image. The fee is based on how the image is going to be used. This will be calculated by such factors as the media use, the reproduction size and position, period of use, size of print run and distribution territory. The Beauty Grid calculate this fee by relying in good faith on the information provided by the licensee. Incorrect information can lead to a surcharge on the originally agreed fee and may lead to a cancellation of the licence. If an invoice issued by The Beauty Grid for the usage fee is not paid in full by the terms of the invoice, the licence will be cancelled, and non-payment will be considered as a breach of these terms. As a result we reserve the right to claim any damages that this incurs. Images may not be re-sold, rented or reassigned by you and any third-party use must be agreed by us under licence in accordance with these terms.

Cropping and Image Manipulation: The rights to alter any photograph rests with Jack Eames Photography Ltd, and The Beauty Grid will seek their opinion on any alteration request.

Credit Lines: With all editorial rights-managed images, the copyright holder/photographer should be credited with any reproduction of their work. The credit line should read © The Beauty Grid/Jack Eames. The preferable location for this credit line is immediately adjacent to the image or in the acknowledgements or credits section. Failure to do so may incur an additional charge of 20% of the original licence fee.

Intellectual Property Right/Model Release: The licensee is responsible for clearing all necessary permissions from third parties, be they people, buildings, art, artistic craftsmanship, animals, which may include trademarks, personality rights, property rights, fine art rights, etc. The licensee shall indemnify and hold The Beauty Grid harmless against any and all claims, liability, damages, costs and expenses (including reasonable legal fees and expenses) arising out of the use of any images for which:

(a) no release was furnished by The Beauty Grid in writing,

(b) the use of any images exceeds the scope of the release provided by The Beauty Grid.

The licensee will also indemnify and hold The Beauty Grid harmless against all claims, liability, damages and expenses (including reasonable legal fees and expenses) in connection with any third party claim arising out of the use of the images, including, but not limited to, defamation, right of privacy, right of publicity and obscenity claims. The Beauty Grid’s liability for all claims shall not exceed in any event the total amount invoiced per particular image. The Beauty Grid makes no representation or warranty with respect to the use of any names, trademarks or works of art depicted in any image or the accuracy of captions accompanying any images.

Disclaimers

The Beauty Grid uses reasonable efforts to ensure the accuracy, correctness and reliability of the content, but we make no representations or warranties as to the content's accuracy, correctness or reliability. Images of people or places displayed on the website are either the property of, or used with permission by, Jack Eames Photography Ltd and The Beauty Grid. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission provided elsewhere on the website or by separate licence or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes.

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. Save for infringement of copyright or non-payment of our invoices where it will be non-exclusive.

We reserve the right to change these terms: privacy policy, prices, information and licence terms, featured on this website without notice. These conditions set out the entire agreement between The Beauty Grid and you relating to your use of this website. No action of The Beauty Grid, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these terms or privacy policy. Should any clause of these terms or privacy policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Audit

Upon reasonable notice, you agree to provide to The Beauty Grid sample copies of projects or end uses that contain licensed content, including by providing The Beauty Grid with free of charge access to any pay-walled or otherwise restricted access website or platform where content is reproduced. In addition, upon reasonable notice, The Beauty Grid may, at its discretion, either through its own employees or through a third party, audit your records directly related to this agreement and your use of licensed content in order to verify compliance with the terms of this agreement. If any audit reveals an underpayment by you to The Beauty Grid of five per cent (5%) or more of the amount you should have paid, then in addition to paying The Beauty Grid the amount of the underpayment and any other remedies to which The Beauty Grid is entitled, you also agree to reimburse The Beauty Grid for the costs of conducting the audit.