Terms & Conditions

Welcome to The Digital South Ltd. Your use of this site constitutes your acceptance of the Terms & Conditions. If you do not agree to the terms, please do not use this site.

You the ‘Customer’ will duly assess the need to obtain (and, where necessary, obtain) any additional releases, licences, authorisations, permits or consents for your intended use of Material and shall indemnify The Digital South Ltd in respect of any claims or damages or any loss or costs arising in any manner from the Reproduction rights of any any Image supplied to the Customer by The Digital South Ltd. This also includes the case where, if any third party reproduces any Content loaned to the Customer, the Customer shall, without prejudice, pay The Digital South Ltd all the fees which that third party would be liable to pay to The Digital South Ltd had the third party borrowed and reproduced the Content pursuant to these terms.

For example; FA Premier and Football League images are for use only within an editorial context.Use on the internet/web sites requires the purchase of a Photographic End Users Licence available from the Football Data Co on +44 (0) 207 864 9121.

Digital images delivered to you by ftp or http download requiring permission from us by the use of a username(s) and password(s), you agree and undertake to be solely responsible for the security and proper use of such username(s) and password(s) and you further agree and undertake to take all reasonable steps to ensure that any such username(s) and password(s) is/are kept confidential, secure, used properly and not disclosed to or used by any third party without our prior written consent. In particular, you agree that each username and password is for the exclusive use of a named individual who is duly authorised by you for such purpose and no username or password supplied by us to you will be used by any other individual to access our ftp or http download site and you will, if additional usernames and passwords are required for operational reasons, apply to us for their provision. Usernames and passwords supplied may only be used in connection with the performance of any agreement between us.

Any Reproduction rights granted are by way of licence and no partial or other assignment of copyright shall be implied. Unless expressly agreed otherwise, the Digital South Ltd hereby grants to the Customer a non-exclusive Licence to Use the Image(s).

The Digital South Ltd does not warrant the accuracy of any description of Content and the identification of persons appearing in them and therefore the Customer:

  1. Shall report any discrepancies to The Digital South Ltd immediately on their discovery.
  2. Acknowledges that The Digital South Ltd shall not be liable to the Customer for any inaccuracies.
  3. Shall indemnify The Digital South Ltd against any claim, loss or damage arising directly or indirectly from the Customer’s use of the Content.
  4. This indemnity shall not however extend to any liability directly arising out of The Digital South Ltds failure to obtain copyright or any rights in any names, personal images, brands, trademarks, logos, designs or works of art or architecture.

The Customer acknowledges and accepts that because of age and origin of the Content and the images contained therein, The Digital South Ltd gives no warranty or rights to the Customer as to:

  1. The existence or validity of model or other releases in respect of any Content or image; or
  2. The use of names, people, trade marks, registered or copyright designs or works of art depicted in any Picture or image.
  3. Moral rights (as set out in chapter IV of the Copyright Designs and Patents Act 1988) relating to the use of the Content.
  4. Whilst The Digital South Ltd takes all reasonable care in the performance of this Agreement generally, The Digital South Ltd shall not be liable for any loss or damage suffered by the Customer or by any third party arising from the use or reproduction of any image or its caption.

    Neither the customer or any third party shall alter, adapt, modify, manipulate, add to or delete any part of the Image(s) without the prior written consent of The Digital South Ltd. Any manipulation of the Image(s) may result in a "derivative work". The copyright in a derivative work will be owned by The Digital South Ltd.

    This Agreement shall be subject to any construed according to English law and the parties agree to accept the exclusive jurisdiction of the court of England or, for the exclusive benefit of the plaintiff in the relevant proceedings, the courts of the country of the principal place of business of the defendant in the relevant proceedings.