Commercial Image Licence - MegaPixelMovie

Digital Image Licence – Commercial Terms of Downloading

These Commercial Terms and Conditions (the ‘Terms’) govern the purchase and download of digital images for commercial use by schools from Charles Mansfield-Osborne via the MegaPixelMovie website (https://megapixelmovie.com). By purchasing and downloading any digital image (the ‘Digital Image’) from Charles Mansfield-Osborne (the ‘Seller’), you (the ‘Buyer’, being a school) agree to be bound by these Terms. A link to these Terms is provided at the point of purchase. If you do not accept these Terms, do not purchase or download any Digital Image. These Terms apply exclusively to schools purchasing images for their own commercial use; no other commercial licences are available.

Last Updated: March 27, 2025

1. The Digital Images
The Seller, Charles Mansfield-Osborne, owns and provides a collection of thousands of Digital Images available for purchase on https://megapixelmovie.com. These Digital Images are photographs from various school events, organized into separate galleries (each a ‘Gallery’), and captured with limited photography and filming permissions from participants, most of whom are under 18 years of age.

2. Licence Grant
2.1 Each Digital Image is the property of the Seller and is protected by copyright under the laws of England and Wales. Upon purchase and download, the Seller grants the Buyer (a school) a non-exclusive, non-transferable commercial licence to use the Digital Images from a single Gallery solely as outlined in these Terms.
2.2 This commercial licence is available only to schools directly for their own use. No other entities or individuals may purchase a commercial licence for these Digital Images.
2.3 The Seller reserves the right to use any Digital Image on the MegaPixelMovie website (https://megapixelmovie.com) and for the Seller’s own marketing or advertising purposes.

3. Permitted Commercial Use
3.1 The Buyer, being a school, may use the purchased Digital Images from a single Gallery for the following commercial purposes (the ‘Permitted Commercial Use’):

Printing the Digital Images for display within the school premises (e.g., hallways, classrooms).
Including the Digital Images in the school’s printed prospectus.
Using the Digital Images in the school’s online media (e.g., website, social media), provided the resolution does not exceed 1000 pixels on the longest edge.
3.2 The Permitted Commercial Use applies only to Digital Images from the specific Gallery purchased under this licence.

4. Restrictions on Use
4.1 The Buyer shall not:

Resell, sublicense, or redistribute any Digital Image to third parties (e.g., parents, media outlets).
Use any Digital Image for commercial purposes beyond the Permitted Commercial Use (e.g., external advertising campaigns).
Use any Digital Image in an obscene, defamatory, or immoral manner.
Use any Digital Image in any way prohibited by the laws of England and Wales.
Alter or modify any Digital Image (e.g., cropping, editing, or removing watermarks) beyond resizing to meet the 1000px maximum resolution limit.
Exceed a resolution of 1000 pixels on the longest edge for online use.
Upload or add any Digital Image to an online gallery or platform accessible by parents or the public, as this would constitute unauthorised redistribution.
Use Digital Images from a Gallery not covered by the specific licence purchased.

5. Prohibition on Photobooks, Yearbooks, and Resale
5.1 The Buyer shall not include any Digital Image in photobooks, yearbooks, or any other product or part thereof that is sold, as this would constitute a resale of the photographic content, which is strictly prohibited under these Terms.
5.2 This prohibition includes, but is not limited to, any printed or digital items produced by the school for sale to students, parents, or the public.

6. Purchase and Download
6.1 The Buyer will pay a fee of £250 plus VAT (the ‘Purchase Price’) in pound sterling (GBP) via the payment methods provided on https://megapixelmovie.com for access to and the commercial licence to use Digital Images from a single Gallery.
6.2 A separate Purchase Price of £250 plus VAT applies to each Gallery, even if a school performed multiple times in one night, within a single event or year, or across multiple years. Each Gallery requires its own licence.
6.3 Upon successful payment, the Buyer will receive access to download the Digital Images from the purchased Gallery. The licence takes effect immediately upon download and applies only to that Gallery’s Digital Images.

7. Permissions from Participants
7.1 The Digital Images depict participants from school events, most of whom are under 18. The Seller has obtained limited permissions for photography and filming, but these do not extend to commercial use by default.
7.2 The Buyer (the school) is solely responsible for confirming that it has obtained appropriate permissions from the participants or their legal guardians for the commercial use of the Digital Images as outlined in these Terms. The Seller is not liable for any lack of such permissions.
7.3 The Buyer must maintain records of these permissions and provide them to the Seller upon request if disputes arise.

8. Warranties
8.1 The Seller warrants that they own the Digital Images and are entitled to grant the commercial use of the Digital Images to the Buyer as outlined in these Terms, subject to the limitations below.
8.2 The Seller does not warrant or guarantee that they are entitled to grant commercial use rights for any subjects (e.g., participants) appearing in the Digital Images. Such permissions are the sole responsibility of the Buyer, as per Section 7.
8.3 Under the Consumer Rights Act 2015, the Seller warrants that each Digital Image is of satisfactory quality, fit for its Permitted Commercial Use, and matches any description provided on https://megapixelmovie.com. If these warranties are breached, the Buyer may request a replacement, refund, or price reduction, at the Seller’s discretion.

9. Liability and Indemnity
9.1 The Seller is not liable for any third-party claims, losses, damages, expenses, or costs arising from the Buyer’s use of any Digital Image, including claims related to the lack of permissions from participants or their guardians.
9.2 The Buyer agrees to indemnify and hold harmless the Seller against any claims, losses, damages, or costs resulting from the Buyer’s unauthorised use of any Digital Image, failure to secure participant permissions, or breach of these Terms.

10. Termination
10.1 This licence terminates immediately if the Buyer fails to comply with these Terms for any purchased Digital Image from a Gallery.
10.2 Upon termination, the Buyer must cease all use of the affected Digital Images and delete all copies from their devices, storage, and publications.
10.3 The Seller may terminate the licence and pursue legal action if the Buyer’s use infringes the Seller’s copyright or violates participant rights due to lack of permissions.

11. Intellectual Property Rights
11.1 The Seller retains all intellectual property rights, including copyright, in all Digital Images. These Terms do not transfer any ownership rights to the Buyer.
11.2 Any use of a Digital Image beyond what is permitted in these Terms may violate copyright laws of England and Wales or international agreements.
11.3 The Buyer shall not claim to be the original creator of any Digital Image.

12. Export Laws
12.1 The Buyer must comply with applicable export laws when downloading or using any Digital Image.
12.2 The Buyer shall not export or use any Digital Image in any manner prohibited by the laws of England and Wales.

13. Severability
13.1 If any provision of these Terms conflicts with the laws of England and Wales, that law prevails, and the conflicting provision will be amended or removed as necessary. Statutory provisions required by law are incorporated into these Terms.
13.2 If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.

14. Governing Law
14.1 These Terms are governed by and construed under the laws of England and Wales. The Buyer submits to the jurisdiction of English courts for any disputes, though the Seller may seek injunctive relief in any competent court.

15. General Provisions
15.1 Headings are for convenience and do not affect interpretation. Singular includes plural, and masculine includes feminine, and vice versa.
15.2 These Terms constitute the entire agreement between the Seller and the Buyer regarding the purchase and download of Digital Images for commercial use from https://megapixelmovie.com.
15.3 The Seller may update these Terms at any time, with the updated version applying to future purchases.

Contact: For questions about these Terms, contact Charles Mansfield-Osborne at [email protected].