These Terms of Use sets out the basis on which we make the Sport England Image Library available to you. The Sport England Image Library consists of the Images.
If you are an individual, organisation, club or other sporting body in England who wishes to further Sport England's general objective by encouraging sport and physical activity in England or wishes to access the Sport England Image Library for non-commercial use, such as academic research and private study, then you can visit our website at www.sportengland.org/press-pack/image-library ("Website") and register an account with us. Once your account has been set-up, you will be granted access to the Sport England Image Library and will be able to download the Images for use in accordance with these Terms of Use. In the event that you receive funding from Sport England, you can access the Image Sport England Logo and Branding Toolkit here.
Please read the terms and conditions of these Terms of Use carefully before accessing the Sport England Image Library and downloading the Images. Access to the Sport England Image Library is strictly conditional on your agreement to all the terms and conditions contained in these Terms of Use.
By accessing the Sport England Image Library and downloading the Images, you accept and agree to be bound by the terms and conditions of these Terms of Use. If you do not agree to the terms and conditions of these Terms of Use you should not download the Images. Any use of the Images other than as authorised under these Terms of Use or permitted by copyright and trade mark law is prohibited.
When registering your account, please complete the request form on the Website providing all of the requested contact and identity details and tick the tick box confirming that you have read and accept these Terms of Use. If you do not complete the form or you refuse to accept these Terms of Use, you should not access the Sport England Image Library and download and/or use the Images.
1. We reserve the right to amend these Terms of Use (including introducing new terms in the future and removing and/or replacing the Images from time to time without notice to you. The amended Terms of Use will be effective from the date that they are posted on the Website. Your continued use of the Sport England Image Library (or any part of it) will constitute your acceptance of the amended Terms of Use. Therefore, please review the Website (and these Terms of Use in particular) on a regular basis. Definitions and Interpretation
1.1 Unless the context otherwise requires, capitalised terms shall have the meaning as set out below:
"Copyright Notice" ‘© 2019 Sport England. All Rights Reserved’;
"Images" photos and images, that are made available by us for download on the Website which do not feature the Logos;
“Intellectual Property Rights” all copyright, database rights, design rights, registered designs, trade marks, service marks, trade secrets and rights in confidential information and all rights and forms of protection of a similar nature or having an equivalent effect to any of them which may subsist anywhere in the world together with all goodwill attaching or relating thereto, whether or not any of them are unregistered or registered and including application for registration of any of them relating to the Sport England Image Library (or any part of it), including any translations;
“Logos” the “Sport England” logo and the "National Lottery" logo;
“Permitted Purpose” to:
(a) promote sport and physical activity in England by:
(i) using, exhibiting and distributing the Images at your premises and at events organised by you in England; and
(ii) using, exhibiting and distributing the Images on your website and social media pages;
(b) use the Images for non-commercial purposes, such as academic research and private study.
“Terms of Use” these terms of use, as amended, supplemented or otherwise modified by us from time to time;
“we”, “us”, “our” The English Sports Council, a company incorporated by Royal Charter in the United Kingdom under Company No. RC000766, with its registered office at First Floor, 21 Bloomsbury Street, London WC1B 3HF, United Kingdom;
“Website” www.sportengland.org; and
“you”, “your(s)” an individual, organisation, club or other sporting body in England that wishes to access the Sport England Image Library and has registered an account with us.
1.2 The headings in these Terms of Use are for convenience only and do not affect their interpretation.
1.3 In these Terms of Use, the words “include”, “includes”, “including” and “such as” are to be construed as if they were immediately followed by the words “without limitation”.
1.4 In these Terms of Use, unless the context clearly indicates another intention, a reference to:
(a) any gender includes other genders and the singular includes the plural and vice versa;
(b) a clause or party is a reference to a clause of or party to these Terms of Use;
(c) obligations undertaken by more than a single person or company are joint and several obligations; and
(d) any reference to a person shall include natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted.
2. You
2.1 You warrant that:
(a) you are an individual resident in England or organisation, club or other sporting body established in England;
(b) if you are an individual, of legal age and capable of entering into a legally binding contract in England;
(c) all of the information that you have provided to us in connection with your application for registration as a user of the Sport England Image Library and these Terms of Use is complete and accurate;
(d) you will comply with all applicable laws in connection with your access to and use of the Sport England Image Library.
3. Registration
3.1 You will not be able to access the Sport England Image Library unless you have registered an account with us. You can create this account free of charge with an e-mail address and password.
3.2 We recommend that you choose a strong password (using a combination of upper- and lowercase letters, numbers and symbols) for your account.
3.3 You must keep your user name and password confidential. If you have lost or forgotten your user name and/or password or you become aware that your account is being misused by a third party, please inform us immediately, at feedback@sportengland.org.
3.4 It is your responsibility to ensure that any information we hold in connection with your account is true and up to date, so please let us know immediately about any changes to information you have previously provided in connection with your registration and we will update our records accordingly.
3.5 Any personal data that you consent to our collecting from you in connection with your use of the Sport England Image Library will be collected and used by us in accordance with the terms of our Privacy Statement, including a record of what Images you are downloading from the Sport England Image Library to help us to:
(a) identify which Images are the most popular amongst users so that we can ensure that any Images which we are making available via the Sport England Image Library are relevant to what our users want to see and use;
(b) ensure compliance with data protection legislation and any other applicable legislation; and
(c) track any potential copyright infringements of our Images by users.
The Privacy Statement containing further detail can be accessed here.
4. Your Access to the Sport England Image Library
4.1 Once you have set-up an account, you will have access to the Sport England Image Library and be able to download the Images and use them for the Permitted Purpose and the term "use" for the purpose of these Terms of Use means to copy, reproduce, publish, or otherwise make use of.
4.2 Any use of the Images must be at all times:
(a) accompanied by the Copyright Notice; and
(b) be strictly in accordance with the these Terms of Use and all applicable laws.
4.3 For the avoidance of doubt we do not grant you any rights whatsoever:
(a) to use extracts from the Images for any purpose; and/or
(b) to edit, adapt, modify and/or amend the Images; and/or
(c) to use, copy, edit, adapt, modify, amend, incorporate, publish, distribute, communicate to the public, broadcast and/or exhibit any logos on or in the Images.
These Terms of Use do not give you any ownership, claim, right, title or interest in or to the Sport England Image Library (or any part of it) except the rights of use as are specifically set out in these Terms of Use.
4.4 You hereby agree that:
(a) you shall not use the Images (or any part thereof) for any use, event or purpose (whether directly or indirectly) which:
(i) violates or infringes in any way upon the rights of others, which is unlawful, offensive, obscene, defamatory, profane or otherwise objectionable which encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law or is in breach of the privacy or any other rights of a third party or of any law;
(ii) may mislead the public, or may be materially detrimental to or inconsistent with our good name, goodwill, reputation and image;
(iii) would impair our rights in the Images (or any part thereof);
(iv) is commercial in nature (i.e. promoting any merchandise, products or other goods and/or services );
(v) is promotional, except for the specific rights detailed in the Permitted Purpose. In the event that you are using the Images to promote an event, you acknowledge and agree that:
(A) any use of the Images by you in connection with such event does not mean that Sport England is endorsing the event; and
(B) you will clearly communicate to members of the public that the event is not endorsed by Sport England;
(vi) falsely suggests a client (or other business) affiliation/relationship with us unless you receive funding from Sport England; and/or
(vii) is in any way affiliated to or sponsored by any company, organisations, persons, sponsors and/or media partners that contravene the general objective of Sport England, including without limitation manufacturers, suppliers and retailers of alcohol, cigarette and other tobacco products, carbonated soft drinks, fast food, food or drink supplements and drugs;
(b) you shall at all times (notwithstanding the termination of these Terms of Use) be liable for, indemnify and hold us harmless (together with our officers, employees and agents) against all liabilities, actions, proceeds, costs, claims, damages and other expenses of any nature whatsoever incurred by, suffered by or awarded against us and compensation agreed by us in consequence of any breach or non-performance by you of any of your obligations under these Terms of Use.
4.5 You will pay us such amount as we may reasonably determine, up to a maximum of £2,000, if:
(a) you are in breach of any terms and conditions of these Terms of Use; or
(b) you (whether deliberately, recklessly or accidentally) provided any information to us, dishonestly or significantly incorrectly or misleadingly; or
(c) the primary purpose of your application for registration and your wish to use the Sport England Image Library was not or is not in line with the general objective of Sport England, which is encouraging sport and physical activity in England.
4.6 For the avoidance of doubt, the figure mentioned in Clause 4.5 above is not a cap on your liability and we reserve the right to take additional action against you and seek additional damages and other remedies, including in accordance with Clause 7.4.
5. Use of Logos
5.1 For the avoidance of doubt we do not grant you any rights whatsoever
to use, copy, edit, adapt, modify, amend, incorporate, publish, distribute, communicate to the public, broadcast and/or exhibit the Logos for any purpose, unless you have been granted Sport England funding and not without our express prior written consent.
6. Intellectual Property Rights
6.1 As between you and us, we are the legal and beneficial owner of the Sport England Image Library (including any of its content) and all Intellectual Property Rights in the Sport England Image Library.
6.2 You agree that these Terms of Use does not give you any ownership, claim, right, title or interest in or to the Sport England Image Library (or any part of it) except the rights of use as are specifically set out in these Terms of Use and you hereby acknowledge and agree that the benefit of all such use by you shall at all times enure to us. You shall hold all goodwill accruing in the Sport England Image Library as a result of your use pursuant to these Terms of Use on our behalf and for our benefit.
6.3 All uses of the Images must be displayed by you together with the Copyright Notice in the manner that has been presented for download on the Website, without amendment.
6.4 You are not in any circumstances whatsoever permitted to include any third party (whether commercial or non-commercial) brands or logos in any materials and/or content downloaded by you from the Sport England Image Library.
7. Protection of the Sport England Image Library and Intellectual Property Rights
7.1 You shall not apply to register or pursue registrations of the Sport England Image Library (or any part of it) or any Intellectual Property Rights in your own name.
7.2 You shall notify us in writing of any infringements or misuses of the Sport England Image Library (or any part of it) by:
(a) third parties; and
(b) yourself or any members of your organisation as soon as you become aware of such infringements or misuses.
7.3 We have the sole right to determine whether any action shall be taken on account of all proceedings relating to the Sport England Image Library (or any part of it) and/or the Intellectual Property Rights and will in our sole discretion decide what action (including litigation, arbitration or compromise) if any to take in respect of any infringement or alleged infringement of the Sport England Image Library (or any part of it) and/or the Intellectual Property Right or any other claim or counterclaim brought or threatened in respect of the use of the Sport England Image Library (or any part of it) and/or the Intellectual Property Rights. We shall not be obliged to bring or defend any proceedings whether for infringement or otherwise in relation to the Sport England Image Library (or any part of it) and/or the Intellectual Property Rights if we in our sole discretion decide not to do so.
7.4 In any infringement proceedings which are brought by us, we shall be entitled to claim in respect of any loss suffered or likely to be suffered by you and shall be entitled to retain any damages awarded in respect of such claim.
8. Limitation Of Liability
8.1 We do not warrant that the use of the Sport England Image Library by you will not infringe the rights of any third party and exclude all implied warranties or representations to the fullest extent permitted by law.
8.2 Our only responsibilities with respect to the Sport England Image Library are set out in these Terms of Use. To the fullest extent permitted by law, we exclude all liability for loss or damage arising out of or in connection with your use of the Sport England Image Library (or any part of it) for any reason except where caused by our negligence, fraud, misrepresentation or fraudulent misrepresentation. Nothing in these Terms of Use will exclude or limit our liability for death or personal injury caused by our negligence.
8.3 You acknowledge that we will have no liability for any indirect or consequential losses or damage you may suffer or incur (including any loss of savings you expect to make, loss of business or business opportunity, or loss of profit or revenue) arising from your use of the Sport England Image Library. You hereby waive any claim or cause of action arising out of any termination of these Terms of Use and you release us, and our affiliates and our respective officers, employees and agents from any and all such claims and causes of action.
9. Termination
9.1 The rights granted to you under these Terms of Use are perpetual which means that there is no expiry or end date on your rights to use the Images.
9.2 However, we may, in our absolute and sole discretion, at any time terminate your rights under these Terms of Use and/or cease to make available the Sport England Image Library (or parts thereof) to you, including without limitation where:
(a) you are in breach of the terms of these Terms of Use;
(b) we decide to no longer make the Sport England Image Library available to the public;
(c) you undergo, or we reasonably believe that you have undergone or may undergo, any form of insolvency (if you are a corporate body) or bankruptcy (if you are an individual) or an event connected to an insolvency or bankruptcy (as the case may be); or
(d) we suspect that your primary purpose of accessing the Sport England Image Library is not in line with the general objectives of Sport England.
9.3 We will be entitled to terminate these Terms of Use for any reason on notice set out on the Website.
9.4 Termination of these Terms of Use will be without prejudice to any existing rights and/or claims that we may have against you, and will not relieve you from fulfilling the obligations accrued prior to such termination.
9.5 You acknowledge that we will have no liability arising out of any alleged wrongful termination of these Terms of Use. You hereby waive any claim or cause of action arising out of any termination of these Terms of Use and you release us, our affiliates and our respective officers, employees and agents from any and all such claims and causes of action.
9.6 On termination of these Terms of Use:
(a) you will immediately cease all use of the Sport England Image Library (or any parts thereof), including all copies of the Images, and destroy or upon our request return to us all such materials in your possession or control; and
(b) all rights granted to you under these Terms of Use or however acquired and any goodwill associated therewith shall revert back and inure to us.
10. General
10.1 If any provision of these Terms of Use is held to be illegal, invalid or unenforceable in whole or in part the remainder of these Terms of Use will continue to be valid and enforceable.
10.2 No failure or delay in exercising rights under these Terms of Use shall operate as a waiver of such rights.
10.3 These Terms of Use does not make either party the agent of the other nor does it create a partnership or joint venture between the parties.
10.4 These Terms of Use expresses the entire agreement between us and you.
10.5 These Terms of Use is personal to you and you will have no right to assign, novate or otherwise transfer any of your rights, obligations and liabilities under these Terms of Use.
10.6 We may assign, novate or otherwise transfer all of its rights, obligations and liabilities under these Terms of Use to a successor body to us or to any successor distributor of National Lottery funding, and you will consent to any such assignment, novation or other transfer without delay. The award of the Grant, these Terms of Use and all non-contractual disputes arising in connection with the Grant shall be governed by and construed according to English law and be subject to the exclusive jurisdiction of the English Courts.