Terms for buyers

(For Members who buy images)

1. This agreement

   This Agreement governs the terms by which you (“the Buyer”) as a member of Zengle obtain the right to use part of the Content (as defined in the Terms of Membership) supplied by a member of the Zengle community through the website Zengle.com (“the Site”). It is a legal agreement between the Buyer and Zengle Ltd. (“Zengle”) and incorporates and operates in addition to the Terms of Use applicable to the Site, to the Terms of Membership and to the Sellers Agreement. In the event of any inconsistency between this Agreement and other agreements, the terms of this Agreement shall govern the subject matter.

2. Your acceptance

   By using the service to which this Agreement relates you are personally agreeing to its terms and if you are using this service for an employer or another account holder you are also binding that employer or account holder on the basis that you have their deemed authority to do that. If you do not accept the terms of this Agreement do not download any of the Content. If you proceed to do so you are acknowledging that you have read and accept the Agreement and are bound by it and that unless otherwise agreed it replaces any prior agreement between you and Zengle relating to the subject matter of this Agreement.

3. Usage of the Content

   To enable a Buyer to use any part of the Content, payment must be made by the Buyer in accordance with the tariff shown on the website at the time of downloading. The Buyer then has authority to use Content for a use that is permitted (as defined below) only. That authority is not transferable and it is a fundamental condition that a Buyer may only download the relevant part of the Content once and must then use only one location at a time to store it (although one back-up copy may be made provided it is kept secure and personal to the Buyer). Content so downloaded and stored may be used on any number of occasions, provided that use is personal to the Buyer and falls within a permitted use.

   If the Buyer requires any part of the Content to be in more than one location or accessible by more than one person, payment must be made for each such use or some other agreement reached with Zengle (in such a scenario, please contact

4. Permitted use

   Permitted use covers the following activities on the part of the Buyer:

   1. Digital usage such as on websites (subject to clause 5 below) and iTV.
   2. Marketing purposes such as the creation of brochures, flyers, posters, leaflets, websites, packaging, promotional materials, videos and advertisements.
   3. Media usage such as magazines, newspapers, journals and books.

5. Prohibited use

   Prohibited use covers the following activities on the part of the Buyer (unless there is a specific agreement between the Buyer and Zengle as to such use).

   1. The resale or redistribution of the Content, including usage that may enable third parties to access and reproduce the content in any way.
   2. The sharing of the Content in any way, be it through the internet, peer-to-peer programs, or any other medium.
   3. The use of the Content in such a way that might adversely affect the reputation of Zengle or its Members Or for any illegal purpose.
   4. Transfer of the rights granted to the Buyer through this Agreement to any other party.

6. Termination

   This Agreement is effective until it is terminated by the actions of either party (but without prejudice to the rights of the other party to take legal or other action). The Agreement will terminate without notice from Zengle if at any time the Buyer fails to comply with its terms or any of them. Upon termination a Buyer must immediately cease using the Content and destroy or delete all copies and archives made of the Content or materials into which it has passed without authority.

   Zengle also reserves the right for any reason to revoke or amend the authority granted by this Agreement and replace any part of the Content with an alternative. Upon notice of such replacement, the authority to use the Content so replaced immediately terminates and then covers the Content substituted. In these circumstances a Buyer agrees not to use further the replaced Content and to take all reasonable steps to stop the further use of the replaced Content.

7. Rights

   All copyright trademark and other proprietary rights relating to the Content are governed as defined by the Terms of Membership. If an image is of a person other than the member supplying that care should be taken by the Buyer that the person depicted does not object to the use intended by the Buyer as otherwise there could be a violation of rights to privacy or the retention of the subject for the right to use the image of themselves. If the image shows a place and people that can be recognised care should also be taken that you are not violating the privacy of those people involved at the place depicted, particularly if children are involved. Care should also be taken with anything written that accompanies the image as there is a risk of defamation if something is suggested that is untrue.

8. Exclusion of Liability

   The Site acts as an exchange of Content between the Seller and the Buyer. The Content is provided “as is”. While Zengle will use its best endeavours to ensure that the Content has accurate data and information it does not represent that it is accurate correct or complete. The Buyer is responsible for assessing that part of the Content he or she intends to use and if that is in any way flawed the risk and consequences of the download are those of the Buyer and not Zengle. As far as allowed by law, Zengle for itself and on behalf of its employees and agents, excludes liability for any losses, costs, claims or damages of any kind arising from the use, or inability to use the Site or the Content including direct, indirect or consequential damages, loss of income or profit, loss of or damage to data or property and claims of third parties and whether arising in contract, tort (including negligence) or by statute. In any event the maximum liability to Zengle under this Agreement shall be limited to the amount paid by the Buyer relating to any element of the content downloaded from time to time.

9. Indemnity by the Buyer

   The Buyer agrees to indemnify Zengle and its agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to a breach of this Agreement or the guidelines referred to in condition 7.

10. Law and Jurisdiction

    The law of England and Wales applies to these terms. You agree that the courts of England & Wales shall have exclusive jurisdiction to resolve any dispute arising out of or relating to this Agreement and you also agree that Zengle has the right to take legal action in any jurisdiction where it believes that the Terms for Buyers have been infringed.

Zengle’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

How to contact Zengle. If you have any questions regarding the Terms of Membership or any other matter, you may contact Zengle at

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