Terms and Conditions

General Terms and Conditions

1. All proprietary rights, including copyrights, in the Assets are licensed to Charterhouse Holdings plc (“Charterhouse”) or are owned by Charterhouse who hereby grant you a limited, non-exclusive and non-transferable right to use the Assets in accordance with these terms and conditions.

2. The Assets can only be used in connection with and to represent Vanilla - Fashion for Print products for 2020. The Assets replace any previously available assets and any permission to use the Assets from previous years is withdrawn.

3. With the exception of flat or mannequin product shots (images of products lying flat or on a mannequin, not being worn by a model), the Assets can only be used in connection with business-to-business (i.e. trade) marketing activities. This includes printed and digital communications such as brochures, flyers, PR, websites, email and social media. Use for any form of advertising, signage, Point-of-sale, window graphics, billboards and vehicle wraps is not permitted.

4. The use of flat product or mannequin shots that do not include models is permitted for both business-to-business and business-to-consumer applications. Please note: these are the only images permitted for use by online resellers using Amazon, eBay or any other consumer-facing online platform.

5. The Assets must be used in their original form and cannot be changed or modified without the prior written consent of Charterhouse.

6. Sub-licensing or the purported grant of rights to third parties by you is prohibited.

7. Permitted use of lifestyle images and videos (i.e. those featuring models wearing the products) is valid until the 31st of December 2020. Any use of the images after this date will be an infringement of usage rights.

8. Lifestyle images and other lifestyle media files including videos are provided strictly for business-to-business use only. Any use of this media for business-to-consumer purposes (including online platforms such as Amazon and eBay) will be an infringement of usage rights.

9. Use of an Asset to represent or designate a product from another manufacturer is prohibited.

10. The misuse of assets in such a way that might harm the image of the Kustom Kit brand or its products is prohibited.

11. Official distributors may use the content for the purpose of ‘white label’ trade websites providing that they are solely responsible for hosting and manage all content for sub-domains.

12. Charterhouse Holdings PLC reserves the right to amend or terminate these conditions at any time. 

13. You agree to indemnify and hold harmless Charterhouse and any related parties from and against any third-party claims, losses, damages, awards and liabilities, including, without limitation, reasonable lawyer fees and related costs, regardless of the form of action or claim that arises out of or is in connection to the Assets. You further agree to defend against claims of misappropriation, infringement, and invalid licensing of the Assets provided that you have received prompt notice of the action in writing. This indemnity will survive the termination of this Agreement.

14. The Assets are provided “as is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability or fitness for a particular purpose. In no event shall Charterhouse be liable for any incidental, indirect, punitive, special exemplary, or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information, or any other pecuniary loss) in connection with any claim, loss, damage, action, suit or other proceeding arising under or out of these terms and conditions, including your use of, reliance upon, access to, or exploitation of the Assets, or any part thereof, or any rights granted to you hereunder, infringement of intellectual property rights or otherwise.

15. These terms and conditions shall be governed by and construed and interpreted in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.

16. By using any downloaded content you agree to be bound by these terms and conditions. If you do not agree to these Terms and Conditions, you may not access or use the Content.