Publisher Terms: Indemnity

In the User Terms, Publishers agree to indemnify Graphic News for any losses incurred due to failure of the Publisher to comply with the User Terms.

In particular, Publishers should note:

  • STORAGE, COPYING AND ARCHIVING: Publishers are permitted to retain Graphics in their own archives in the context in which they were originally published provided these archives are not used as a source for re-use in a different context.
    • Graphics may only be copied and stored to enable the permitted use and only during the term of the Agreement with Graphic News. All other copies of Graphics must be deleted from all other storage devices after a maximum of three months if not agreed otherwise.
    • Graphics and any LoginName or password supplied by Graphic News to the Publisher must be kept secure and not copied, reproduced, posted, broadcast, transmitted, communicated, transferred, assigned, rented, leased or otherwise disposed of to any third party except as specifically agreed in writing. Publishers are responsible for making sure their staff and any contractors given access to the Service abide by the User Terms.
  • LIABILITY: Publishers should: Ensure that the graphics as used do not breach any applicable laws, rules, regulations or local market conventions; Notify Graphic News immediately should any problems arise with the Graphics;

In the User Terms Graphic News agrees to take all reasonable efforts to make sure that the Graphics supplied are suitable for the Permitted Use and that all necessary third party permissions have been obtained.
  • Graphic News does not indemnify a Publisher because this would force Graphic News to take a defensive legal stance if a complaint was received. Instead, Graphic News can resolve complaints as quickly and effectively as possible regardless of the legal position, and without incurring substantial legal costs out of all proportion to the situation.
  • In addition, Graphic News is a small independent company whereas Publishers, due to the nature of their business, frequently have large experienced legal teams with substantial financial resources. Due to this imbalance a Publisher would not need an indemnity to protect their interests, whereas for Graphic News an indemnity would be like signing a blank cheque.

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