Jonathan Kay UK Limited (JK) has provided the information on this web site for your convenience. Please note that JK update this web site frequently.
If you view the JK web site or in any way deal with the information contained in this web site you agree to be bound by the conditions below.
“Jonathan Kay” is a trademark, service mark, or trading title of JK. All other trademarks, service marks and trading titles displayed in this website are the property of their respective owners.
The copyright in the material contained in this web site belongs to JK or is licensed to JK or is material found in the public domain and which does not clearly identify itself as being the subject of any copyright. All rights are reserved by JK. Except where expressly stated solely for your own personal and non-commercial use in accordance with the law, no part of this web site may be copied, duplicated, performed in public, published, broadcast, adapted, or reproduced in any form without the prior written consent of JK.
Limitation of Liability
To the extent permitted by law, JK shall not be liable to any person for any direct, indirect, special, consequential or incidental loss or damage whatsoever which may arise from the use of or any dealings with any of the information contained in this web site. While JK has taken every effort to ensure that the information contained within the web site is correct at the time of going live, JK cannot be held responsible for any errors and omissions or any information which may be incomplete, inaccurate or may have become out of date except as expressly stated in writing in an agreement between you and JK.
1. JK will respect your personal information and undertake to comply with all applicable UK Data Protection legislation currently in force.
2. You agree that all personal information provided by you either through this website or in writing may be used by JK for the purpose(s) fore which you have submitted it.
3. Other than as required by law, or as permitted under these user conditions, JK will not disclose your registration details to any third party without your permission.
4. This site may store or capture personal information and log the user’s IP address which is automatically recognised by the Web server.
5. All data collected about you by your use of this site will be destroyed unless you register with us in which case any personally identifiable data will be stored on our server in an encrypted form to which only JK will have access and only for the purpose it was intended when you volunteered it.
7. You agree that the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute arising from this web site or any information contained in it.
OUR POLICY FOR RESOLVING COPYRIGHT INFRINGEMENT
In consultation with our legal advisors, and also taking into consideration the body of law contained in the Digital Millennium Copyright Act and the Copyright, Designs and Patents Act 1988, we have arrived at what we believe is a fair and reasonable procedure for settling claims made by copyright owners whose rights we have may have unwittingly encroached upon.
If you believe that you hold a claim of copyright infringement against JK, please submit a notice of your intention to claim to the following e-mail address:
In order for your claim to be effective, the notification of your claim of copyright infringement should be in writing and should include at least the following items:
1. A statement to the effect that you are the owner of the exclusive right you purport has been infringed, or a statement that you are authorised to act on behalf of the owner of an exclusive right that has allegedly been infringed.
2. A statement made under the penalty of perjury, that the information in the notification is both true and accurate.
3. Your physical signature or an electronic or digital signature that can be referenced.
4. The identification of the copyrighted
work you claim has been infringed. (If you claim that more than one
copyrighted work has been infringed, you can submit a list of the allegedly
infringed works in one claim).
6. Reasonably sufficient contact details to permit JK to contact you. This should include your address, telephone number and, if available, fax number and an electronic mail address. If you are not the owner but are authorised by the owner to act in this matter on their behalf, you may choose also to provide us with contact details for the owner of the exclusive right(s) that you claim has been infringed.
7. A statement to the effect that you believe in good-faith that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
NOTE: NO INITIAL CONTACT SHOULD BE MADE THROUGH A REPRESENTATIVE WHOSE CHARGES YOU WISH TO ADD TO YOUR CLAIM AS THESE WILL NOT BE ADMITTED.
LIMITATIONS OF LIABILITY FOR COPYRIGHT INFRINGEMENT
In order to protect ourselves from unfair, unreasonable, or plainly exploitative or extortionate claims and methods used by a few copyright owners, who are fortunately few in number, we have placed a set of restrictions and limitations on the degree of liability we are willing to accept in settling claims for compensation where copyright infringement can be established.
1. Details of the amount of compensation being claimed MUST give an itemised and quantitative breakdown of how you have arrived at the amount of compensation or damages you are claiming, which in all circumstances must be reasonable and take into account all of the following factors:
a). We have a library of over 1,000,000 images for which we have purchased a licence from Corel. We buy images as and when necessary from two major image suppliers, namely: Fotalia and iStockphoto from whom we have purchased numerous images in the past.
b). This website contains over 1,000 images which we firmly believe do not infringe any copyright.
c). Any image used on this website for which a licence or any other kind of permission allowing its' use by us has not been obtained has been chosen because of its' suitability and also because either (i) the source image was found in the public domain and did not bear any indication that the image was subject to any copyright restriction OR (ii) the image has been supplied to us by a third party in the good faith that no copyright infringement would result from our use of the image.
d). It is never our intention to use copyrighted works without the copyright owner's permission and to either immediately remove any image that we are reliably informed through the above procedures are the subject of an infringement of copyright OR to negotiate the payment of a reasonable amount of compensation as damages for such infringement.
We therefore under no circumstances admit claims for additional damages on the basis of flagrancy in misuse.
e). Unless the copyright owner has informed us that an infringement of copyright has occurred and has given us every reasonable opportunity to reach a fair settlement, we shall not be held liable for any legal expenses the copyright owner may wish to incur.
Settlement of Claims made for the unlicensed use of images that are or have been offered for use under license by image brokers
In all cases with no exceptions allowed, our liability for the non-payment of license fees shall be limited to the period during which we have unwittingly used an image that is copyright protected and also limited by the geographical location of the target audience of our website, as it would reasonably be interpreted by a person with no special knowledge.
For the avoidance of any doubt and in order to clarify the above: if we use a licensable image for one month, we shall be liable to the licensor in respect of one months' use of the image and if such an image was used on a website who's target audience, as perceived by someone without any special knowledge, is the UK, then our liability shall be restricted to the ordinary licence fee that would have been payable for its' use in the UK for a period of one month (regardless of whether the image could have been seen outside of the UK); and providing we have removed the image in question from our website within a reasonable time of learning of the infringement the date we removed the image shall be the date where our liability ceases. Evidence available through http://www.archive.org/web/web.php shall be deemed as conclusive in establishing the period during which any image has been used by us.
Any representations whether made to us by the copyright owner or through a third party acting on behalf of the copyright owner which state that the scale of damages required are "non-negotiable" and where the scale of damages being claimed are, in our sole opinion unreasonable or unfair or do not take all of the above policy on settling copyright disputes into careful consideration shall be deemed as unreasonable and no further communications shall be entered into by us with the party attaching such a statement or omitting to make what we in our sole opinion deem to be reasonable and fair consideration of the above policy, although any subsequent revised claims shall be considered insofar as they are in our sole opinion both fair and reasonable.
You agree that the Courts of England and Wales shall have exclusive jurisdiction in respect of any dispute arising from this web site or any information contained in it.
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