Terms & Conditions


By logging in to this website you have accepted our Terms & Conditions. These Terms & Conditions constitute a legal agreement between you and TIA Digital Ltd, so please read them carefully. If you do not agree with any item in these Terms & Conditions, please stop using the site.


***TERMS IN BRIEF – 10 POINTS YOU SHOULD UNDERSTAND***

As a user of this site it is particularly important that you understand and agree to the following terms:

  1. By downloading any image from the website, you agree to pay TIA Digital Ltd the fee agreed with us for the use of the said image in the manner permitted. An invoice will be issued shortly after you have completed the download process.
  2. Payment terms of all invoices raised against a download from this site are strictly 30 days.
  3. When you download any image from this website, TIA Digital Ltd grants you a licence (either exclusive or non-exclusive, depending on what has been agreed) to use that image only in the manner, territory and for the duration of time notified to TIA Digital Ltd by you via the Order page or on subsequent system messages.
  4. All licences are single-use only, meaning a reproduction in one size for one edition of a single publication, published in one language only. In addition, the duration of all licenses is limited to six months from the date of download. If a client wishes to use the same image after that date, a fee will need to be renegotiated before the image is again legally licensed for use, even if that usage is identical to the one originally specified.
  5. Although TIA Digital Ltd adheres to the policy of its sister company The Interior Archive in checking permissions as carefully as possible for each image licensed, you as the client must still satisfy yourself that all necessary rights, property and model releases or consents that may be required for reproduction are obtained. This also includes reproduction rights of industrial designed items and furniture or artworks represented in the images. The client shall indemnify TIA Digital Ltd against any loss, damage, proceedings or costs we incur where such rights, releases or consents have not been obtained.
  6. You shall make sure that a credit using the following format – Name of photographer/The Interior Archive – is printed clearly next to or near each reproduction of an image, or (in the case of a magazine or book) that this credit is printed on the colophon/title/acknowledgements page with a clear reference to the location of the relevant image or images.
  7. You must acknowledge that digital images are the valuable property of TIA Digital Ltd – and in the same way as images supplied in transparency form, are supplied to you on loan only. No property or copyright in those images shall pass to the client once they have downloaded images from the website – in allowing a client to do so, TIA Digital Ltd only grants the right to reproduce those images.
  8. You agree to destroy all digital images including any pre-press or pre-production copies of the images and any copies or records of the images held on a database within 90 days of downloading the images, or within 90 days of the completion of the maximum production run, or within 90 days of the expiry of the licence term, whichever is later.
  9. You must not use an image for any purpose other than the one agreed without first obtaining TIA Digital’s consent, and in respect of which additional fees shall be agreed.
  10. TIA Digital Ltd shall not be liable for the unsuitability of images for a particular purpose. Downloading an image represents an agreement on the part of the client that they intend to use that image.

***FULL TEXT OF TIA DIGITAL’S TERMS & CONDITIONS***
AN INTRODUCTION: TWO COMPANIES, TWO COLLECTIONS

The decision to make a proportion of the Interior Archive’s images available via a searchable website led to the establishment of a new, stand-alone company, TIA Digital Ltd.

TIA Digital Ltd owns and operates this website, and holds the rights to license the use of all the images in the Interior Archive’s online collection, which are supplied to clients in the form of digital files. The Interior Archive retains the rights to license the use of those of its images that are not included in the online collection, which are supplied to clients in the form of transparencies.

You must adhere to different sets of Terms & Conditions depending on whether you want to use images from the online or ‘offline’ collection – this is because the supply of images as digital files and the supply of images in the form of transparencies require slightly different protocols.

So, if you download digital files from this website or they are sent to you on disc, you must adhere to TIA Digital Ltd’s Terms & Conditions, but if you are supplied with images in the form of transparencies, you must adhere to the Terms & Conditions of the Interior Archive – a copy of these separate Terms & Conditions will be included in your packet of transparencies.

GENERAL TERMS

For the purposes of these Terms & Conditions, ‘we’ and ‘us’ means TIA Digital Ltd, ‘you’ means the client, and ‘this website’ and ‘the website’ means www.interiorarchive.com. ‘Images’ and ‘digital images’ mean those high-resolution image files that are either downloaded from the website or supplied to the client as files on disc.

  1. As indicated on the relevant page, by logging in to this website you have accepted the following Terms & Conditions. These Terms & Conditions constitute a legal agreement between you and TIA Digital Ltd.
  2. If you do not agree with any item in these Terms & Conditions, please stop using the website. No variation of these Terms & Conditions shall be effective unless agreed in writing.
  3. Our failure to exercise or enforce any of our rights will not be deemed to be a waiver of such rights nor bar their exercise or enforcement in the future.
  4. You agree to indemnify TIA Digital Ltd against any losses, expenses, costs or damages howsoever incurred by the company as a result of your breach of the terms of this agreement, or your unauthorised use of our images and related rights.
  5. While we take reasonable care in the performance of this agreement, we shall not be liable for any loss or damage suffered by you or by any third party arising from the use or reproduction of any image or its caption. Damages for any other breach shall be limited to the licence fee paid by you.
  6. Any licence granted will terminate immediately if a) you or the company you work for enters into voluntary or compulsory liquidation; b) you or the company you work for has a receiver appointed; c) you fail to perform your obligations under these Terms & Conditions within 28 days of our giving you notice to comply. In the event of termination, all rights granted will immediately revert to us and any further exploitation of any images shall constitute an infringement of copyright.
  7. This agreement is governed by the Laws of England. Any dispute arising out of this agreement shall be referred to the Central London Court, which shall have exclusive jurisdiction. This shall apply unless the amount claimed or the relief sought requires the claim to be brought in the High Court of Justice, in which case the High Court of Justice in London shall have exclusive jurisdiction.
INTELLECTUAL PROPERTY
  1. This website is owned by TIA Digital Ltd.
  2. All elements, including displayed content, of this website are protected by copyright, moral rights and other intellectual property right laws. Unless explicitly permitted by TIA Digital Ltd, no portion of this website or its content (including all page text) may be copied or retransmitted via any means.
  3. Copyright of all images displayed on this website is jointly vested in the Photographer and TIA Digital Ltd.
  4. Upon any infringement of the copyright, and also in the case of any unlawful use, TIA Digital Ltd shall immediately charge for the investigation and tracing of the infringements, without prejudice to its right to recover the damage actually suffered from the user. Damages shall amount to at least three times the amount normally charged by TIA Digital Ltd for a particular usage.

DIGITAL IMAGES: RIGHTS

  1. When you download any image from this website, TIA Digital Ltd grants you a licence (either exclusive or non-exclusive, depending on what has been agreed) to use that image only in the manner, territory and for the duration of time notified to TIA Digital Ltd by you via the Order page or on subsequent system messages.
  2. All licences are single-use only, meaning a reproduction in one size for one edition of a single publication, published in one language only. In addition, the duration of all licenses is limited to six months from the date of download. If a client wishes to use the same image after that date, a fee will need to be renegotiated before the image is again legally licensed for use, even if that usage is identical to the one originally specified.
  3. You must acknowledge that digital images are the valuable property of TIA Digital Ltd – and in the same way as images supplied in transparency form, are supplied to you on loan only. No property or copyright in those images shall pass to the client once they have downloaded images from the website – in allowing a client to do so, TIA Digital Ltd only grants the right to reproduce those images.
  4. Reproduction rights are personal to you and are not assignable by you to any third party.
DIGITAL IMAGES: USAGE
  1. We reserve the right to refuse download permissions to any client at any stage of the ordering process. The client shall accept that TIA Digital Ltd is not liable for any losses or damages incurred by them as result of TIA Digital Ltd’s refusal to allow them to download high-res image files.
  2. You must not use an image for any purpose other than the one agreed without first obtaining TIA Digital’s consent, and in respect of which additional fees shall be agreed.
  3. You must not modify an image using a means other than cropping, flipping or comping without first obtaining written consent from TIA Digital Ltd.
  4. Low-resolution images downloaded from the website may only be used internally for comping and layouts. These watermarked images may not be distributed and reproduced either internally or externally, including by an electronic or online system.
  5. You must not create, store or transmit digital images without our permission except in so far as it is necessary to the process of producing items for which we have licensed usage.
  6. When on your system, each digital image shall be labelled with the image reference number used by us and our copyright and credit information shall be kept an integral part of the image file. All such images shall be held under your sole possession and control.
  7. Unless otherwise agreed, any digital file you create must not be greater in size than 640 x 480 pixels at 72dpi.
  8. You must not use any of the images featured on this site in any manner that may be considered obscene or which is defamatory of any person or company or which contravenes the entitlement to privacy of or may be distressing to any person.
  9. TIA Digital Ltd shall not be liable for the unsuitability of images for a particular purpose. Downloading an image represents an agreement on the part of the client that they intend to use that image.
  10. You agree to destroy all digital images including any pre-press or pre-production copies of the images and any copies or records of the images held on a database within 90 days of downloading the images, or within 90 days of the completion of the maximum production run, or within 90 days of the expiry of the licence term, whichever is later. (One exception to this rule is when the digital file of a particular image is required, under the data protection legislation pertaining to magazine publishing, to be kept in a database as proof of usage. In this case, the client must ensure that the digital file is modified in such a way that it cannot be reused.)
PAYMENT
  1. By downloading any image from the website, you agree to pay TIA Digital Ltd the fee agreed with TIA Digital Ltd for the use of the said image in the manner permitted. An invoice will be issued shortly after you have completed the download process.
  2. After an invoice has been issued there is a firm and binding contract whereby TIA Digital is committed to grant reproduction rights, and the client to acquire them. If after the invoice is issued but before payment is made the client requests cancellation of the reproduction rights, TIA Digital Ltd may at its discretion cancel, subject to the client paying a cancellation fee.
  3. Payment terms of all invoices raised against a download from this site are strictly 30 days.
  4. In the event that payment is not made within 30 days of the issue date of the invoice, the client shall be liable to pay interest at the rate of 1.5 per cent per month or part thereof from the date of the invoice on any unpaid fees until full payment is made.
  5. All judicial and extrajudicial costs incurred in the collection of the amount due, including the costs of legal assistance, shall be met by the client.
PERMISSIONS AND ACCURACY OF INFORMATION
  1. Although TIA Digital Ltd adheres to the policy of its sister company The Interior Archive in checking permissions as carefully as possible for each image licensed, you as the client must still satisfy yourself that all necessary rights, property and model releases or consents that may be required for reproduction are obtained. This also includes reproduction rights of industrial designed items and furniture or artworks represented in the images.  The client shall indemnify TIA Digital Ltd against any loss, damage, proceedings or costs we incur where such rights, releases or consents have not been obtained.
  2. We do our very best to ensure that the information that we supply about the content of our images is correct, but TIA Digital Ltd shall not be liable for any lack of factual accuracy in respect of the determination of the place, property or person or persons depicted.
  3. We make no claim or warranty with regard to your use of content, names, text, people, trademarks or copyright material depicted in any image, and you will indemnify us in respect of any claims, damages, costs or expenses we incur arising from the use of any image supplied to you.
ACKNOWLEDGEMENTS AND SUPPLY OF REFERENCE COPIES
  1. You shall make sure that a credit using the following format – Name of photographer/The Interior Archive – is printed clearly next to or near each reproduction of an image, or (in the case of a magazine or book) that this credit is printed on the colophon/title/acknowledgements page with a clear reference to the location of the relevant image or images.
  2. If you fail to ensure an image is given an acknowledgement in one of the ways described above, the cost of reproduction rights shall be increased by 100 per cent. In addition, the client will have to indemnify TIA Digital Ltd against third parties if TIA Digital Ltd is held liable for publication without acknowledgement.
  3. You shall supply TIA Digital Ltd with two specimens of the publication (or each publication if more than one) in which an image has been reproduced, free of charge.
SUPPLY OF IMAGES IN TRANSPARENCY FORM
  1. We will do our best to deliver the results of image searches requested via the website within the period of time stated, but this shall not constitute a deadline.
  2. We charge a fee of £35+VAT for a search and the supply of transparencies by registered post. This fee shall be refundable if one or more images are used.
USE OF CLIENTS’ DETAILS
  1. Any information that you input into this website will be used either to enable your details to be automatically entered on online forms, or for marketing purposes – unless you asked us not to send you promotional information when you registered. The site also stores information on how clients are searching for and using images, so we can make improvements to site functionality.
  2. Your details will never be made available to a third party without your permission.
  3. If you did not tick the box on the registration page, you have authorised us to send you promotional materials using either the email or the postal address you supplied to us when you set up your account. Periodically we may notify you of special promotions, new products or services, or send other information that may interest you. We will not correspond with you in this way if you inform us that you do not wish to receive such information.