1. Registration and Account Creation
In order for You to download Christie’s Images’ high resolution image files from this website, You will be required to provide us with certain registration information and become a Premium Account holder. You agree and represent that all registration information provided by You is accurate and up-to-date. If any of your registration information changes, you must update it by selecting the 'your account' option on the tool bar and then 'change your profile'.

2. The License

(a) Grant. Subject to:

(1) your registration as a Premium Account holder,
(2) your approval of the Electronic License Receipt provided when You select an image (the 'Electronic License Receipt'),
(3) payment of all applicable fees thereunder for use of Images from Christie’s Images and
(4) your compliance with this Agreement (including, for purposes of this Section, the terms of the Electronic License Receipt and those contained in the Premium Account registration form), Christie’s Images grants to you the following rights:
(i) To download and store the Image for a period of up to Ninety (90) days from the specified Start Date or such shorter or longer period as set forth in the applicable Electronic License Receipt sent to You by Christie’s Images and confirming the terms of your license.
(ii) To store and use the Image solely in accordance with the specific terms contained in the Electronic License Receipt, including terms such as placement, duration and type of use and geographic distribution of the Image.
(iii) Unless otherwise specifically set forth in the applicable Electronic License Receipt, each Image is licensed on a single user, non-transferable, one-time, non-exclusive basis and the use is strictly limited to that which is stated in the Electronic License Receipt.
(iv) In the event that You fail to advise Christie’s Images of any unauthorized use of the Image, You shall pay by way of agreed liquidated damages a fee equal to ten times the license fee normally charged by Christie’s Images for such reproduction.

All rights not specifically granted hereunder are expressly reserved by Christie’s Images.

Christie’s Images may at any time inspect any records, accounts and books relating to the reproduction of any Image to ensure that the licensed Images are being used in accordance with this Agreement and the Electronic License Receipt.

(b) Your Obligations; License Restrictions.

(1) You understand and agree that You may not reproduce the Image in any way until you acknowledge the Electronic License Receipt and pay in full the license fee applicable for the agreed use of the Image in relation to each and every country in which such use shall be made. You shall provide to Christie’s Images free of charge a copy of any publication or product containing the reproduction within ten days of such publication. You grant to Christie’s Images the irrevocable, perpetual, royalty-free, non-exclusive right and license to use any such end product solely for internal use and for the promotion of Christie’s Images and its affiliates.
(2) The rights Christie’s Images grants to you do not include a license to any person, place, property, or subject matter depicted in an Image (the 'Subject'), which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third persons. You shall assume that no model or property releases, or other releases or licenses exist in connection with any of the Images, unless specifically stated in a separate writing by Christie’s Images. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Christie’s Images. Christie’s Images does not, under any circumstances, represent, warrant or undertake that the Subject can be reproduced or otherwise used in any way by You, or that any reproduction rights or consents are or will be granted to You. In case of uncertainty, you are responsible for consulting with competent rights management professionals or legal counsel.
(3) You also understand and agree that, except for the limited uses specifically authorized in this Agreement and your Electronic License Receipt or as otherwise specifically agreed in advance in writing by Christie’s Images:
(i) You may not reproduce, distribute, transmit, or otherwise exploit any Image or other Christie’s Images material in any way.
(ii) You may only download a single copy of the Image onto one computer hard drive or alternative computer medium.
(iii) You may not hold the Image on any image storage system or within any network configuration or arrangement.
(iv) The Image may not be duplicated or electronically retained except for internal administrative purposes and the Image must be identified clearly as 'Copyright [Year of first publication] Christie’s Images Ltd. All rights reserved.' and named using the given Image Id Number. You shall ensure that any authorized reproduction of an Image is always accompanied by the copyright legend above and clearly credited as appropriate, including any necessary references to the owner of the copyright in the item forming the Subject of the Image. In the event that no credit or an incorrect credit is included, Christie’s Images retains the right to charge You at twice the license fee. Upon demand, You shall immediately assign to Christie’s Images (or its designee) any copyright arising out of the publication of the Image.
(v) Except for credits, You may not use the name 'Christie’s Images' or 'Christie’s' in promotional material or as a trademark or service mark. In addition, without limitation, no Image may be utilized for any pornographic, unlawful purpose or use; to defame any person; to violate any person’s moral rights, right of privacy or publicity; to infringe upon any copyright, trade name, trademark, or service mark of any person/entity; or for use covering sensitive subjects including, without limitation, topics that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, and topics regarding all sexual issues, substance abuse, physical or mental abuse, alcohol, drugs, tobacco, or the disparagement of a person or product.
(vi) All Images shall be presumed to be loaned by Christie’s Images in good condition as high quality scans except where limitations are inherent in the original Image. In no circumstances may any Image be marked out, cut down, superimposed with type matter or otherwise altered or defaced without the prior written consent of Christie’s Images and the copyright owner of the Subject of the Image, as the case may be.
(vii) At such time as the license period as set out in the Electronic License Receipt ends, You shall delete the Image from the computer and/or any other electronic device on which it is stored.

IF YOU ARE UNSURE AS TO THE RIGHTS YOU REQUIRE, PERMISSIBLE USES, OR THE LICENSE FEE TO BE APPLIED, YOU MUST CONTACT CHRISTIE’S IMAGES AT thepicturelibrary@christies.com BEFORE DOWNLOADING THE IMAGE (SEE PARAGRAPH 7 FOR CANCELLATION TERMS).

3. Fees and Payments

(a) In addition to any other sum as may apply under this Agreement You shall pay to Christie’s Images the applicable license fee, as stated in the Electronic License Receipt, including any and all applicable sales taxes or withholding taxes. Except as provided in Paragraph 7 (Cancellation Terms), You are responsible for paying for all Images downloaded by You regardless of whether or not they are used.

(b) Although Christie’s Images will endeavor to send a separate invoice to You by mail for your license, Christie’s Images does not accept liability for any failure or delay in sending such an invoice to You, and You are obligated to pay for your license upon receipt of the Electronic License Receipt. If You fail to pay any amount due to Christie’s Images within twenty-eight (28) days of receiving the Electronic License Receipt, Christie’s Images shall be entitled, at its sole discretion and in addition to asserting any other rights or remedies available to it, to;
(1) rescind this Agreement,
(2) suspend or cancel your Premium Account,
(3) hold You liable for the total amount due and charge interest at one and one half percent (1 ˝%) per month, or such lesser amount as is allowable by law, on any unpaid balance; and/or,
(4) commence legal proceedings for recovery of all sums due together with interest, legal fees and costs to the fullest extent permitted by law.

4. Representations and Warranties of Christie’s Images; Exclusive Remedy; Disclaimer

(a) For ten (10) days from the date of download, Christie’s Images warrants that the digital copy of the Image, in the form downloaded by You, will be free of defects in material and workmanship.

(b) CHRISTIE’S IMAGES MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, NON-INFRINGEMENT, OR COMPATIBILITY WITH ANY COMPUTER OR EQUIPMENT OR OTHERWISE. NO WARRANTY, REPRESENTATION OR UNDERTAKING IS GIVEN BY CHRISTIE’S IMAGES AS TO THE CORRECTNESS OF ANY STATEMENT IN ANY CATALOGUE, CAPTION OR OTHERWISE RELATING TO AUTHORSHIP OR CONTENT OF THE SUBJECT OF ANY IMAGE, AND CHRISTIE’S IMAGES ACCEPTS NO LIABILITY FOR ANY DAMAGE OR EXPENSE SUFFERED OR INCURRED IN THE EVENT OF ANY SUCH STATEMENT BEING INCORRECT, OR FROM ANY DAMAGE WHATSOEVER ARISING FROM THE GRANTING OF ANY NECESSARY CONSENTS FOR THE USE OF THE IMAGE OR YOUR USE OR REPRODUCTION OF THE IMAGE. CHRISTIE’S IMAGES MAKES NO REPRESENTATIONS OR WARRANTIES THAT IT OWNS OR LICENSES ANY RIGHTS NOR DOES CHRISTIE’S IMAGES GRANT YOU ANY RIGHTS INCLUDING COPYRIGHT, TRADEMARKS, OR RIGHTS OF PUBLICITY BELONGING TO ANY PERSON, PLACE, PROPERTY, OR SUBJECT MATTER DEPICTED IN ANY IMAGE. FURTHER, CHRISTIE’S IMAGES MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF ANY INFORMATION PROVIDED WITH THE IMAGES.

(c) EXCLUSIVE REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE WARRANTY CONTAINED IN PARAGRAPH 4(A) OR OTHERWISE UNDER THIS AGREEMENT IS THE REPLACEMENT OF THE DIGITAL COPY OF THE LICENSED IMAGE UNLESS CHRISTIE’S IMAGES, IN ITS SOLE DISCRETION, AGREES TO REFUND ANY FEE PAID BY YOU TO CHRISTIE’S IMAGES PROVIDED YOU HAVE NOT MADE ANY LICENSED USE OF THE IMAGE.

(d) DISCLAIMER OF CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING UNDER THIS AGREEMENT AND IN NO EVENT SHALL CHRISTIE’S IMAGES BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF ANY IMAGE OR THE INABILITY TO USE THE IMAGE, EVEN IF CHRISTIE’S IMAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CHRISTIE’S IMAGES CANNOT AND WILL NOT SIGN INDEMNITY OR HOLD HARMLESS STATEMENTS, RELEASES FROM COPYRIGHT INFRINGEMENT, OR DOCUMENTS GRANTING EXCLUSIVE USE RIGHTS.

(e) CAP ON LIABILITY. IN NO EVENT SHALL CHRISTIE’S IMAGES OR ITS AFFILIATES’ LIABILITY ARISING OUT OF THIS AGREEMENT AND YOUR USE OF, OR INABILITY TO USE, ANY IMAGES FROM CHRISTIE’S IMAGES (WHETHER IN TORT, CONTRACT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU UNDER THE APPLICABLE ELECTRONIC LICENSE RECEIPT(S).

5. Title and Ownership of Image Files from Christie’s Images

The Image is supplied by way of loan to You and no property, title, copyright or other right in it shall pass to You. Copyright in the Image shall remain vested in Christie’s Images.

6. Indemnification by You

You shall defend, indemnify and hold harmless Christie’s Images and its employees and agents from and against any and all losses, damages, liabilities and claims, and all fees, costs and expenses of any kind related thereto (including, without limitation reasonable attorneys’ fees), arising out of, based upon or resulting from (i) a breach of this Agreement, (ii) any claim asserted by any person having an interest in the Subject of the Image, including without limitation any interest constituting a right to authorize reproductions of the Image, (iii) any claim concerning any reproduction of the Image which is defamatory or which misrepresents the Subject, (iv) the use of this website and the use of any Images of Christie’s Images, including without limitation any claims relating to the content of any presentation created using Images, or a combination of any such Images with other content, and (v) your failure to abide by any restriction regarding the use of Images.

7. Cancellation Right

For a period of seven (7) business days from the start date as shown on your Electronic License Receipt, You may cancel your order confirmed by the Electronic License Receipt without charge, provided you have not reproduced the Image in any manner whatsoever and have deleted any copies of the Image from the computer or other electronic storage system on which it was stored. Should You cancel within twenty-eight (28) working days from the start date, a cancellation fee of fifty (50%) percent will be charged. Cancellation will not be accepted after twenty-eight (28) working days and full payment must be made. By canceling your order, You revoke any right to reproduce or publish the Image in any manner.

8. If You are acting as an agent for a principal (including on behalf of your employer), You and the principal, jointly and severally, assume all of your obligations set forth in this Agreement.

9. If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of this agreement shall continue to be valid and enforceable to the fullest extent permitted by law.

10. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, U.S.A., WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAW RULES AND APPLICABLE U.S. FEDERAL LAW. In the event of any dispute hereunder, You and Christie’s Images hereby consent to the exclusive jurisdiction and venue of the courts of the State of New York in New York County or the Federal courts of the United States of America located in the Southern District of New York (as permitted by law). The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.

11. You acknowledge that you have read and understand this Agreement and You agree to act in accordance with its terms and conditions and be bound by them. This Agreement and the terms specified in the Electronic License Receipt shall not be altered or modified in any way without the prior written consent of Christie’s Images signed by an authorized representative of Christie’s. © 2004 Christie's Images Inc.