Terms & Conditions.... Terms
and Conditions of Use for pic
(photo-image-stock.com & flower-photos.co.uk) Websites: Welcome to
our website which is operated by My-Designer.co.uk (company No: 24724 89068) of
42 The Briars, Hertford, Hertfordshire SG13 7TR ( herein after referred to as
"PIC").
In purchasing
goods or services from the PIC
website, Your
agreement is with PIC.
All of the Content featured or displayed on the Website is owned by PIC,
its related bodies corporate or content providers. Following
are the terms that govern Your use of the Website and any material available from
it. Please read these terms before You continue to use the Website or purchase
or download any Digital Image or Software. Your continued use of the Website will
make the terms into a binding contract between You and PIC
regarding such
use. IF
YOU ARE THINKING OF MAKING A PURCHASE YOU MUST ALSO READ OUR DIGITAL
IMAGE LICENCE TERMS AND CONDITIONS. YOU WILL BE ASKED ON THE ORDER PAGE TO
EITHER AGREE OR DISAGREE WITH THE LICENSE TERMS AND CONDITIONS. IF YOU CONTINUE
AND ORDER / PURCHASE AN IMAGE FROM OUR WEBSITE, IT WILL AUTOMATICALLY BE ASSUMED
THAT YOU HAVE AGREED. IF
YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF YOUR EMPLOYER, THE LICENSE GRANTED
AND RESTRICTIONS AND LIMITATIONS RECITED HEREIN APPLY TO YOUR EMPLOYER AS WELL
AS TO YOU AS A REPRESENTATIVE OF YOUR EMPLOYER. SHOULD YOU CEASE WORKING FOR YOUR
EMPLOYER, YOUR EMPLOYER MAY CONTINUE TO OPERATE UNDER THIS AGREEMENT.
- Definitions
- Limitation
of Liability
- Copyright
- Whose
Rules
- Complaints
- What
to do if You are unsure of Your rights
1
Definitions In
these terms and conditions: 'PIC'
means 'photo-image-stock.com' operated by My-Designer.co.uk (company No: 24724
89068). 'You' means a party who uses the Website or who downloads any Digital
Image. If You use the Website or download a Digital Image on behalf of Your employer
this definition will include Your employer. You will ensure that any person supplied
any Digital Image at Your request will comply with these terms, and will be personally
liable to PIC
if such person fails to do so, as if such failure were a failure by You.
'Content' means all of the content featured or displayed on the Website, including,
but not limited to, Digital Images, Software and all other text, graphics, photographs,
images, moving images, sound, illustrations and software. 'Digital Image(s)'
means both Low Resolution Digital Imagery and High Resolution Digital Imagery
available for download on the Website. 'High Resolution Digital Imagery'
means high-resolution images and/or film clips available for downloading on the
Website. 'Invoice' means an invoice sent to You in accordance with these
Terms and Conditions. 'Low Resolution Digital Imagery' means low resolution
comping images and film clips available for downloading from the Website.
'Software' means any software program or code provided by PIC
in order to support the use of Digital Images which are obtained by You from the
Website. 'Reproduction' means any form of colour or black and white copying,
publication, distribution or other communication to the public of the whole or
part of any Digital Image whether by printing, photography, slide projection (whether
or not to an audience), xerography, artist's illustration, layout or presentation,
or by electronic, internet, multimedia, digital or mechanical means or by any
other means. Reproduction further includes the use the whole or part of any Digital
Image in the creation of another picture, which may be partly or completely different
from the original Digital Image whether such difference is caused wholly or partly
by computer, electronic, digital, mechanical or any other means. "Reproduce"
has a corresponding meaning. 'Website' means the whole or any part of the
web site pages located at http://www.photo-image-stock.com (including the layout
of the Website, graphic design elements of the web site pages, underlying code
elements and any text, graphics, sounds, animated elements or other content of
the Website). 2
PIC
limits its liability to You You
may have certain rights and remedies available to You in relation to the provision
by PIC
of goods and services on the Website ("Basic Rights"). Except as provided
by the Basic Rights: a.
all other conditions and warranties either express or implied by custom, law or
statute are excluded; b. the Software and Digital Images we provide
and all Content on the Website is provided without any warranties of any kind,
either express or implied, other than as we expressly state (for example, we expressly
promise that we are entitled to license the Digital Images and Software on the
Website); c. PIC
does not warrant that Your access to the Website or the functions contained on
the Website will be uninterrupted or error free, that any defects will be corrected
or that the Website or the server which stores and submits Content to You via
the Website are free of viruses, malicious computer code transmitted on or through
the Website or other harmful components; d. PIC
expressly disclaims the accuracy of all descriptions and specifications of any
products displayed or viewed through the Website; e. PIC
expressly disclaims the currency, accuracy or completeness of any Content or any
information provided by third parties on or through the Website. Use
of the Website is at Your own risk. Subject to these terms, You assume full responsibility
and risk of loss resulting from Your downloading, use of, or access to data, files,
information, Content, or other material on or through the Website. TO THE EXTENT
PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PIC
BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT NOT LIMITED TO) LOSS OF PROFITS, LOSS
OF OR DAMAGE TO GOODWILL OR OTHER EXPECTATION BENEFIT OR LIABILITY TO ANY THIRD
PARTY, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY
TO USE, THE WEBSITE OR ANY CONTENT PROVIDED ON IT OR THROUGH IT, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR THAT SUCH DAMAGES WERE FORESEEABLE. Note:
This does not limit Your Basic Rights referred to above. 3
Copyright The
Digital Images, Software and other Content we provide on the Website is all subject
to copyright - in the UK and elsewhere - belonging to us and to other people.
Your use of the Digital Images, Software or other Content we provide or accessible
through the Website does not grant You any ownership rights in these items. Except
as permitted by law, You may not de-compile, reverse engineer, disassemble or
otherwise reduce to human-readable form any software contained on the Website.
Prior to purchase or download of any Digital Image from the Website You should
read and understand the Digital Image License Terms and Conditions. 4
Whose Rules This
contract between us will be governed by and interpreted in accordance with the
laws of United Kingdom. 5
Complaints PIC
aims to resolve any grievance You may have before it gets to the stage of a complaint
or dispute. Our intention is to keep You happy through great service and by providing
timely resolution of complaints, should the occasion ever arise. To that end,
PIC
has fair policies in place. You
should retain all order, Invoice and receipt documentation from any purchase in
order to explain, authenticate and expedite any claim you might have. If
You have a complaint about our products or services or are seeking a refund please
send an email to services@photo-image-stock.com clearly describing the circumstances
of Your grievance. We will revert to You as soon as we can after investigating
Your complaint or refund/return request, but at least within 5 business days from
the date we receive Your email. 6
Additional Rights Available If
You are unsure of Your usage rights under this agreement, contact us by email
at sales@photo-image-stock.com, or by phone at +44 (0) 7951 988 595 (international). |