For the purpose of this agreement “the Agency” and “the Client” shall where the context so admits include their respective assignees, sub-licensees and successor in title. In cases where the Photographer’s Client is a direct Client (i.e. with no Agency or intermediary), all references in this agreement to both “the Agency “and “the Client” shall be interpreted as references to the Photographer’s Client.
For the purpose of this agreement “The Photographer” will mean the Author of the Photograph or Tony Morrison, and shall where the context so admits include their respective assignees, sub-licensees and successor in title.
“Photographs” and “Works” means all photographic material furnished by the Photographer, whether transparencies, negatives, prints, digital files or any other type of physical or electronic material in existence now or yet to be developed.
All contracts verbal or written are only accepted on the basis that the Terms and Conditions of the Photographer are the only ones applicable.
Other Terms and Conditions proffered by the Client are specifically excluded unless agreed in writing beforehand by the Photographer.
Where time is of the essence the Photographer entirely at its own discretion may accept an instruction given orally, in this event the Photographer shall accept no liability for any error in executing the order.
Unless the Photographer is given prior written notice by the Client, the person placing or signing the order on behalf of the Client is deemed to be authorised to do so.
When a Client’s policy is not to rely on email confirmations, hardcopy paperwork must be supplied, if none is provided, then the email traffic will constitute a contract in law.
2 USE OF WEBSITE
This web site is owned by Tony Morrison Photographer (the "Owner"). Your use of this web site is conditional upon your agreeing to these terms. If you do not agree to be bound by these terms you may not use or access this web site.
This web site is provided by the Owner on an "as is" basis without warranty, either express or implied, including, but not limited to, any warranty as to title or merchantability and fitness for a particular purpose to the fullest extent permitted by the law. Use of this web site is subject to your both agreeing not to make or permit any unauthorised modifications to the web site, and acknowledging the risk of such modification by unauthorised third parties. If access to this web site has been restricted by means of a password granted to you, you will not divulge this password to any other person without the prior consent of the Owner.
3 CONTENT OF WEBSITE
The Owner reserves the right at any time without notice to change, revise or amend the content of this web site.
4 INTELLECTUAL PROPERTY AND COPYRIGHT
All photographs on this website are the copyright of Tony Morrison and are protected under UK and International copyright laws; all rights reserved.
No images herein are within the Public Domain. Viewing of this site constitutes agreement to the terms contained in this notice.
The intellectual property contained herein is for on-screen viewing only and may not be copied, scanned, reproduced, manipulated, sold, transmitted, publicly displayed or redistributed in any medium, either in whole or part, without the written permission of the copyright owner.
Unauthorised copying of an image from this website or failure to give an appropriate picture credit are infringements of the law and perpetrators will be prosecuted.
Where it is possible to purchase a photograph for personal use you are buying a copy of the photograph, not the copyright to that photograph. The copyright in all instances is retained by the photographer who captured the image.
No picture, whether as a printed photograph or electronic image, may be copied, scanned, reproduced, manipulated, sold, transmitted, publicly displayed or redistributed in any medium, either in whole or part, without the written permission of the copyright owner.
Printed photographs or low resolution digital images are supplied for private, non-commercial, use only. Where an image is provided for display on a computer, website or personal page on a social networking site or other social media, an appropriate picture credit must be given to Tony Morrison/ Tony Morrison Photographer.
If a photograph or image is required for commercial purposes an appropriate license must be purchased from Tony Morrison. Licences are personal to the purchaser and are not assignable by the purchaser to any third party. Please enquire for commercial license terms and conditions.
It is the responsibility of the user/publisher to check that they have the necessary permissions and are within the terms of any licence granted by Tony Morrison, or are acting within permissions granted by law.
The Author retains the entire copyright in the Photographs and Works at all times, throughout the World and in perpetuity unless explicitly assigned in writing and signed by the Photographer and the Client.
To avoid confusion, where a 'Buyout' is requested, it shall be taken to mean 'exclusivity' and thus shall increase the value of the fee. A 'Buyout' will not transfer copyright to the Client, nor shall it mean in perpetuity.
Where reproduction of Works has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988.
Nothing in these terms shall operate to grant to you any intellectual property rights and goodwill in any of the content of this web site, including without limitation any trade and service marks, trade or business names, domain names, design rights, copyright, moral rights, database rights (whether or not any of these is registered), know-how, confidential information and trade secrets used and employed.
The Client(s) hereby allow(s) The Photographer to display a short selection of the very best photographs covered by this contract and to promote the business in advertising, brochures, magazine articles, websites and social media. The Photographer will only use images that he feels portray The Client in a positive manner. The Client agrees this to be acceptable.
5 LICENSE TO USE IMAGES – WEDDINGS & CHRISTENINGS
The License to Use comes into effect from the date of payment of the relevant invoice(s).
The Client can reproduce an unlimited number of images from the images supplied as part of a photography package purely for The Clients own use.
The Client(s) hereby allow(s) The Photographer to display a short selection of the very best photographs covered by this contract and to promote the business in advertising, brochures, magazine articles, websites & social media. The Photographer will only use images that he/she feels portray The Client in a positive manner. The Client agrees this to be acceptable.
Digital copies of images produced by The Photographer may not, at any time be edited, manipulated with software (e.g. Photoshop) or used for commercial purposes by any persons, at any time, without consent of The Photographer.
The copyright Designs and Patents Acts assign the copyright of the images to the photographer. Any images or copies of images whether stored digitally or otherwise, are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy or allow to be copied photographically/electronically or by any other means an image created as part of this contract without the permission of The Photographer/s in writing.
The Client agrees to indemnify The Photographer in respect of any claims or damages or any costs arising in any manner from the reproduction (without being granted proper reproduction rights) of any image supplied to the Client by Tony Morrison Photographer.
6 LICENSE TO USE ALL OTHER IMAGES
The License to Use comes into effect from the date of payment of the relevant invoice(s).
No use may be made of the Photographs before payment in full of the relevant invoice(s) without the Photographer’s express permission in writing.
Any permission that may be given for prior use will automatically be revoked if full payment is not made by the due date or if the Agency is put into receivership or liquidation.
Where restricted in the Agreement, permission to use the Photographs for other purposes will normally be granted upon payment of a further fee to be mutually agreed.
Note: A written agreement must be reached with the Photographer before the Photographs may be used for other purposes. Where uses of an image are made which breach the license to use further charges will be made.
Any reproduction rights granted are by way of license only and no partial or other assignment of copyright shall be implied.
On the Client’s death or bankruptcy or (if the Client is a Company) in the event of a Resolution, Petition or Order for winding-up being made against it, or if a Receiver or an administration is appointed, any license granted shall immediately cease.
7 RIGHT TO A CREDIT
The License to Use requires that either the Photographer’s name ‘© Tony Morrison’ or '© Tony Morrison Photographer' or ‘Photo by © Tony Morrison’ will be printed on or in reasonable proximity to all published reproductions of the Photograph(s), in print and online. The Photographer also asserts his/her statutory and moral right to be identified in the circumstances set out in Sections 77-79 of the Copyright, Designs and Patents Act 1988 or any amendment or re-enactment thereof.
The publication of any Photograph(s), in print or online, without appropriate credit will be subject to an additional 100% fee.
8 SUPPLY TO THIRD PARTIES
The license only applies to the Client and product stated on the License to Use.
9 ELECTRONIC STORAGE
Save for the purposes of production for the licensed use(s), the Photograph(s) may not be stored or archived in any form without the written permission of the Photographer.
Manipulation of the image or use of only a portion of the image may only take place with the written permission of the Photographer.
Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive. However, The Client accepts that the Photographer will endeavour to store all digital media from a photographic shoot for a period of at least 5 years should The Client want images reproduced due to loss, theft or damage. Charges will be incurred for the recovery & reproduction of such images. The storage of said data will be on password protected digital storage media.
Unless agreed to in writing on the License to Use and the Invoice no exclusivity FOR USE OF IMAGES is given or implied to The Agency and/or The Client.
The Photographer retains the right in all cases to use or sell any images made.
Exclusivity of the USE OF IMAGES will not be unreasonably withheld but only on written agreement with the Photographer before work commences
In the case of wedding photography, Tony Morrison will be the sole and exclusive photographer hired by clients to cover their wedding - Tony Morrison will source second and subsequent shooters for clients if this is necessary
You shall use your best endeavours to preserve the confidentiality of any information identified by the Owner prior to disclosure to you as confidential or proprietary information. The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission.
12 LIMITS OF LIABILITY: WEBSITE
To the fullest extent permitted by the law, neither the Owner nor any of its directors, employees or agents shall be liable for:
(a) any direct, indirect, consequential, special or other damage howsoever resulting from your use of this web site;
(b) any inaccuracies or typographical errors in the content of this web site or interruptions howsoever caused in its use;
(c) any detrimental reliance by you either on the content of this web site or its suitability for your purposes;
(d) any viruses, worms or other items of a destructive nature downloaded or otherwise received from this web site;
(e) any modifications or corruptions arising from any unauthorised third party access to this web site;
(f) the content of any web site which may be accessed through or linked through to from this web site over which the Owner does not exercise any control whether financial, editorial or of any other kind.
In no event shall the total liability of the Owner to you for all or any loss or damage incurred by you exceed the total amount paid by you, if any, to the Owner for access to and use of this web site.
13 FORCE MAJEURE, ACT OF GOD & LIABILITY
Due to the vagaries of the weather and the willingness of subjects it may not be possible to capture all the images requested.
The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control.
Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is always available, the photographer will not be responsible for photographs that are not produced due to technical failure.
In the unlikely event of The Photographer being unable to attend due to unforeseen circumstances, i.e. acute illness, accident, The Photographer reserves the right to appoint another photographer to attend your Booking on your behalf to undertake the wedding photography to his/her best ability. In the unlikely event of this not being possible, the liability of one party to the other shall be limited to the total value of the contract.
In the unlikely event of a total photographic failure due to theft, loss or complete electronic failure of digital storage media or photographic equipment the liability of one party to the other shall be limited to the total value of the contract/ proportion of the contract relative to the number of images supplied.
Neither party shall be liable for indirect or consequential loss.
Any directions issued to clients, their guests or employees, by The Photographer, during a photographic shoot are deemed to be at said persons own risk.
The photographer cannot be held responsible for any personal accidents during a photographic shoot.
It is the Client who must satisfy himself/herself/It’s self that all necessary rights, model releases, clearances or consents which may be required for reproduction of people, places or items depicted within any Works are obtained.
It is acknowledged that the Photographer gives no warranty or undertaking that any such rights, releases or consents are or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs or Works of art depicted in any picture.
It is the responsibility of The Client(s) to notify and seek the permission of all parties involved (be it persons in attendance or the management of venues) that digital images will be taken, used and stored by The Photographer.
At certain venues, the photographer's movements are sometimes restricted by the official in charge. The area from which the photographer is able to cover the event may not be the photographer's choice and cannot accept responsibility should it be impossible to access the optimum view point or be restricted to a view point where there are objects that affect images.
The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed in writing before the shoot.
In all other cases the Client shall indemnify the Photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
The Photographer will not be liable for any loss or damage, for any consequential loss of profit or income however caused including negligence by the Photographer, Tony Morrison, their employees or agents or otherwise, and it is the Client’s responsibility to insure against such loss or damage.
You will indemnify the Owner as is reasonable in the circumstances if a third party makes a claim against the Owner based on any actual or alleged:
(a) negligent or wilful acts or omissions committed by you or persons authorised by you;
(b) failure by you or persons authorised by you to comply with all or any legislation or government regulation governing this web site or its use;
(c) infringement by you or persons authorised by you of any intellectual property rights in any of the content of this web site.
Tony Morrison Photographer ("We" and "Us") is committed to ensuring that the privacy of those who use this web site is protected. This policy explains how We use the information that We collect about you. If you have any queries concerning your personal information or any questions on our use of the information, please contact Tony Morrison Photographer here: firstname.lastname@example.org.
When you register with us, we will need certain information from you to enable us to provide our services. You will be required to provide information about you and/or your business such as names and addresses used, contact details, and other basic information. In addition, we may collect other information from you in the course of your use of the web site or your submission of comments and/or requests to us.
The personal information collected is used to enable us to provide our services to you, and will be encrypted and stored on a secure computer which is password protected. We use this information solely for administration purposes and/or to provide our services. In addition, we may use this information to establish a payment mechanism, for statistical purposes, to improve the web site and our services to you, to notify you of products and services which we think may be of interest to you or to confirm that you use our services. This may entail the disclosure of the personal information by us to selected third parties e.g. photographic labs when hard prints are ordered through our website.
The infrastructure of the internet is global. It is not possible to predict the routes that information sent over the internet will take. Therefore, the information you provide from a source within the European Economic Area may be transmitted via a route that takes it outside that area as it passes between you and us.
GDPR: As of April 2018, in accordance with The EU ruling regarding General Data Protection Regulation (GDPR), we will retain information which is pertinent only to the single event for which the organisation has been employed. Information held by The Photographer about the Client can be requested by the Client at any time and will be given over in full within 14 working days of the request for information. The information required by The Photographer (such as names, address, phone numbers) will be held from the time of booking on his Client Register in order to retain contact information for such things as product deliveries etc. This information will be kept on encrypted hard-drives and will only be offered to third parties to facilitate Client requests e.g. photographic labs when hard prints are ordered through our website.
Included in the regulation are permissions for the images of people to be used. By signing the contract, the Client confirms that permission to use images of both the Clients and their guests, has rightfully been obtained and given to the Photographer. This includes images used by the Photographer in blogs, on social media and on the website. Thus, the Client/s grant the Photographer and his legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients and their guests for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.
17 PRINT SALES
All of the descriptions of the goods and services within this site are accurate to the best of our knowledge. We correct all errors as soon as we are aware of them. The images provided as prints on the Tony Morrison Photographer website are the property of Tony Morrison (the copyright owner) and are used by Tony Morrison Photographer with permission. No rights are conferred in the purchase of a print from Tony Morrison Photographer. You must not use, copy, modify or share these images in any manner.
18 DAMAGE TO PRINT SALES
It is the customer's responsibility to check for any damage that may have occurred during transit. You have 24 hours from the time of delivery to report any damage to us. It is essential that you contact us within the 24 hours, so that we can claim compensation when applicable on your behalf, and reprint the print(s) for you.
19 PAYMENTS, CANCELATIONS & REFUNDS FOR WEDDINGS AND CHRISTENINGS ETC
It is agreed by the Client(s) that the cost and terms set out by the photographer will not deviate from the Contract of Agreement and shall remain effective unless agreed by both parties in writing.
Payment can be made securely by Paypal, Credit Card, BACS Transfer, Cash or Cheque (made payable to Tony Morrison). All forms of payment to the photographer must clear before any work for the client commences.
Refunds will be made in full to the client within a 14 day cooling off period providing no specific, non-transferable work has commenced. Should this be the case, any costs incurred that are specific to the client will be non refundable. Refunds after this 14 day period will incur a 50% cancellation fee to cover some of the losses incurred by the photographer.
Therefore, for Weddings & Christenings etc, 50% of the total fee is non-refundable in the event of cancellation for any reason after a 14 day period. Making a booking with The Photographer is in itself, complete acceptance of the Terms & Conditions as published on the photographer's website and secures the time and services of the Photographer as requested by the Client on a given date. 50% being the Clients acceptance of losses suffered by the photographer due to cancellation.
For Weddings and Christenings, a 50% deposit of the total costs are to be made within 7 days. This deposit will be deducted from the cost of the client's chosen package when calculating the final balance due. Payment in full of the remaining balance will be due three calendar months before the wedding day/ christening etc. The photographer will retain all payments made for Weddings that are postponed to a later date as long as the photographer can re-schedule for the new proposed date and time.
The details of the wedding arrangements are to be agreed beforehand in writing (email is acceptable). The Client shall notify the Photographer of any changes to these details in writing. The Photographer/s cannot be held liable for delays or disruption in the delivery or quality of the service should the photographer not be notified with adequate time.
Clients may cancel this contract at any time providing notice of cancellation is given in writing and addressed directly to The Photographer/s. If this notice of cancellation is outside the 14 day cooling off period, the Client shall forfeit 50%. Cancellation less than 2 calendar months before a booking will result in the full payment being non refundable, it being the Clients acceptance of losses incurred by the Photographer. All cancellations must be in writing and reach The Photographer within said time limit
Once payment has been made for any package it is the complete acceptance by The Client to the T&C's under which Tony Morrison Photographer operates.
20 PAYMENT FOR COMMISSIONED WORK
Payment by the Client will be strictly within 30 days of the issue of the relevant invoice for the commissioned work.
Thereafter, further charges may be made for any additional statement, letter (whether as an email, fax, etc) issued for the recovery of the outstanding debt of not less than £15.50 each and all other costs for the recovery of debts including bank charges.
A further charge of 5% over the Nat West Bank rate from time to time is added to the invoice on the first day following that when settlement should have been made. LATE PAYMENT OF COMMERCIAL DEBTS (INTEREST) ACT 1998 will be enforced.
Where a Client is a company and whether or not that company has gone into liquidation the individual directors will be responsible for all outstanding fees and costs in relation to the contract.
Where extra expenses or times are incurred by the Photographer as a result of alterations to the original brief by the Client, or otherwise. The Client shall give approval to and be liable to such extra expenses or fees, in addition to the fees and expenses shown on the Estimate as having been agreed or estimated.
Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style or composition.
The Photographer/s shall be granted artistic licence in relation to the poses photographed and the locations used. The Photographers judgement regarding the locations/poses and number of images taken shall be deemed correct.
23 CANCELLATION & POSTPONEMENT FOR COMMISSIONED WORK
A booking is considered firm as from the date of confirmation and accordingly the Photographer will, at his/her discretion, charge a fee of cancellation or postponement.
The Colour settings and the type of your computer monitor that you use to view your image, have an influence on the perception of how your image should look. You should be aware that images viewed in the majority of web browsers are not colour accurate, and that prints may look slightly different. There is also a variation between different paper types. If precise colours are important for you, you should contact us for more information before placing your order. As we cannot guarantee the accuracy of your monitor, we will not accept colour reproduction as a valid reason for return. Due to the bespoke status of these artworks, items that are delivered as described and in good condition may not be returned but damaged items will be exchanged free of charge. We reserve the right to charge for re-posting returned orders, which have been especially produced to meet your personal requirements. We reserve the right to contact you via telephone or email should we have any questions about your image prior to printing.
All image sizes are nominal. The Photographer/s will attempt to provide a pleasing colour balance but cannot guarantee exact colour matching owing to anomalous reflectance caused by a combination of certain dyes and materials especially man-made fibres. It is sometimes impossible to record on digitally the exact colour as seen by the human eye.
All images will be adjusted for exposure, brightness, contrast, sharpness, etc. The Photographer's judgement regarding these corrections and the number of images put forward to the Client for preview shall be deemed correct.
The Client accepts images received by The Client on digital storage or printed media will be the final edited images and The Client accepts that further retouching, digital manipulation and artist alteration beyond this point is available, but at extra cost.
All printed media, be it Photo Albums or Photographs shall be treated as an extension of this contract and no responsibility for error will be accepted unless image quality is deemed to be grossly defective or unacceptable, more specifically, misprints, poor print quality or colour reproduction that is deemed to be vastly different to that of the real life item. The Client must inform The Photographer in writing specifics relating to final image preferences (be it, in a particular style, black & white, etc) or The Client deems the artistic vision of The photographer to be correct.
The Client accepts the artistic ability, vision and opinion of the final edited images based on previous art work and images published on tonymorrison.co.uk. The Client confirms at the time of booking, The Photographer produces the type of photography the Client wanted to purchase and accepts this to be correct. The Client confirms that he/she viewed The Photographers portfolio prior to booking and it was said images that influenced the booking and concluded in the signing and complete acceptance of The Photographers Terms and Conditions.
25 APPLICABLE LAW
This agreement shall be governed by the Laws of England & Wales.
These Terms and Conditions shall not be varied except by agreement in writing.
For more information on the commissioning of photography refer to the guidelines produced by the Association of Photographers.
28 PHOTODECK TERMS AND CONDITIONS
29 Purpose of the PhotoDeck Service
The purpose of the website PhotoDeck.com ("the Site"), owned and operated by PhotoDeck (SARL) ("the Owner"), is to provide photographers, video producers, and their authorized representatives ("Subscribers") the technical means ("Service") to publish, market, license, sell and distribute their images, video clips and other products ("Subscriber Content"), in digital or physical format, to visitors of the Site ("Users").
To that aim, the Site provides Subscribers with the technical means to design and operate their own customizable, brandable website that hosts Subscriber Content. The Site is not involved in the Licensing and Sales of Subscribers content, including payment collection, which happen directly between the Subscriber and the Subscriber's clients (Users).
30 Users Responsibility
Neither the Site nor the Owner give any assurance of the suitability of Subscriber Content for any use.
You acknowledge that any purchase or licensing of Subscriber Content over the Site is between you and the Subscriber, and that neither the Site nor the Owner are a party in said transaction.
Under no circumstances will you use the Site or the Service to:
•violate any law or otherwise engage in any unlawful activity;
•upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
•impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
•forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
The Site reserves the right to, at its discretion, suspend or terminate your right to use the Service or the Site in general, if it has reason to believe that you violate the aforementioned rules of conduct or engage in other offensive conduct.
Under no circumstances will the Owner be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.
The Owner will make every reasonable effort to keep the Site and the Service operational. However, certain technical difficulties, maintenance or upgrade operations and other factors may, from time to time, result in temporary service interruptions. You agree not to hold the Site or the Owner liable for any of the consequences of such interruptions.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
•YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
•THE OWNER MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT UPLOADED WILL BE AVAILABLE (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
•ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE AND ACCESS OR RETRIEVE SUBSCRIBER CONTENT OR CONTENT POSTED ON THE SITE ; (ii) DOWNLOAD AND USE OF SUBSCRIBER CONTENT WITHOUT LICENSE AGREEMENT IN VIOLATION OF THESE TERMS AND CONDITIONS (iii) UNAUTHORIZED DISCLOSURE OF SUBSCRIBER CONTENT (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OF THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.
You agree to indemnify and hold the Owner harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site and the Service, your connection to the Site, your violation of the Terms and Conditions, or your violation of any rights of another.
The section titles in these Terms are for convenience only and have no legal or contractual effect. No Right of Survivorship and Non-Transferability.
Full version of the PhotoDeck Terms and Conditions ›