|REPFOTO - Site User Policy|
Access to this website is subject to the following terms and conditions. Please read the terms and conditions set out below. When You access this site for the first time You agree to be bound by all terms and conditions for the use of this Service. We may vary the terms and conditions for the use of this Service from time to time by posting revised terms and conditions on the site. It's Your responsibility to check whether the terms and conditions have been revised. Your use of this service after the date on which we post the revised terms and conditions shall be deemed to constitute Your acceptance of the revised terms and conditions. If You do not agree to be bound by these terms and conditions You must stop using this site immediately.
In these terms and conditions:
· "Repfoto.com" or "Service" means the on-line service provided by us at www.repfoto.com from time to time.
· "Person" means an individual, or a body corporate or unincorporated, and "Persons" shall be construed accordingly.
· "Register" means completing the registration process.
· "Registered Account" means your use of the Service through the username chosen by You during the registration process.
· "You" or "Your" means the Person using this site or named in the registration details (if any) accompanying these terms and conditions.
· "Your Communications" means any communications received or sent by You through the Service including e-mails and other electronic messages.
· "Your Material" means any material within the Service which originated from You through the Service.
· "We" and "Us" and "The Company" means Robert Ellis Photography T/A Repfoto
You will be required to Register if You wish to use certain of the facilities provided by this site. If You do not Register then these facilities will not be available to You.
If You do Register, You confirm and warrant that all the information supplied by You when You Register is true, complete and accurate in all respects. You agree to maintain and keep your details up-to-date.
We will review your registration details and if You satisfy our validation checks We will provide You with access to the facilities for which You have Registered. If You do not satisfy our validation checks We will notify You by email.
Provision of the service
We agree to provide You with the Service in accordance with these terms and conditions.
The Service will be provided on an "as is" and "as available" basis. We cannot guarantee that the Service will be provided fault-free and We do not undertake or warrant that the Service will be free from defects.
We may temporarily suspend the Service either partially or completely for any reason. We will restore the Service as soon as reasonably practicable after a suspension. We will not be liable to You for any loss which You incur as a result of any such suspension.
The pages contained in this site may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
The information contained in the material in this site is only for information purposes. The material on this site does not constitute advice and You should not rely on any material on this site to make (or refrain from making) any decision or take (or refrain from taking) any action.
Your Communications may be monitored to allow support of the Service or where we have reason to believe there may have been a breach of the usage policy.
Use of the service
You warrant and undertake to us that You will use your best endeavours to ensure that the Your Material and Your Communications and your use of the Service is in compliance with all applicable laws and regulations and in particular that it is not in the opinion of Us:
· defamatory, offensive, indecent or of an obscene or menacing character; or
· likely to cause annoyance, inconvenience or anxiety to any person; or
· likely to breach any copyright or confidentiality or privacy or other intellectual property of any person; or
· fraudulent or connected in any way with the committal or possible committal of a criminal offence; or
· material of a racial or sexually discriminatory nature; or
· "spam" mail; or
· material that contains a mail bomb; or
· a Trojan horse; or
· material that contains viruses or worms other disruptive programs or devices; or
· in breach of these terms and conditions of use.
You are fully responsible for the content of Your Communications and you must ensure that Your Communications do not cause disturbance or harassment of a recipient or other person. You are not permitted to send e-mails or electronic messages to recipients who have made clear that they do not wish to receive e-mail or electronic messages from You.
You are fully responsible for maintaining a copy of Your Communications and Your Material. We will not be liable to You for any loss, corruption or damage to Your Communications or Your Material.
Except as expressly permitted by these terms and conditions, You may not copy, reproduce, redistribute, download, republish, transmit, display, adapt, alter, create derivative works from or otherwise extract or re-utilise any of the contents of this site. In particular, You may not cache any of the contents for access by third parties nor mirror any content.
You may only download, use, reproduce and print materials appearing on this site for your own personal, non-commercial purposes.
We advise You not to disclose your password to any other Person. We also advise You to choose a password which will remind You of Your password but will not allow another Person to guess Your password.
You are fully responsible for ensuring that no unauthorised access is obtained to the Service through your Registered Account. You will be entirely liable for all activities conducted and charges incurred through your Registered Account whether authorised by You or not.
If We have reason to believe that there has been or is likely to be a breach of security or misuse of the Service We may change your password and notify You accordingly.
You may change your password and registration details on-line.
If You forget your password, please use the password reminder on-line service. If You are/have been unable to successfully use this Service then please contact us and if You satisfy our security checks We will issue You with a new password.
You acknowledge that we may be obliged by law to store all of Your Communications or Your Material and activity logs for a particular length of time and that We may be required by law to disclose details about these to government and law enforcement officials and other such agencies.
Ending the service
We can suspend or terminate your access to and/or use of the Service or any part of the Service if:
· We believe that You have provided false information on registration or that You have intentionally failed to notify Us of any changes to this information.
· You break any provision of the terms and conditions of use policy.
· We believe that your Registered Account is being used in a manner prohibited in the terms and conditions of use policy. If we delay in acting on a breach of this terms and conditions of use policy then delay will not be regarded as a waiver of the breach.
In performing any obligation under this terms and conditions of use policy, our duty is only to exercise reasonable care and skill of a competent on-line Service provider. We shall not be liable for any damages, including without limitation, indirect or consequential damages, howsoever arising out of your use of this site or in respect of any of your actions or omissions taken in reliance on any of the advice or information contained on this site or any site to which this site is linked. Nothing in these terms and conditions limits our liability for death or personal injury resulting from our negligence. We are not liable for any failure to perform any of our obligations under these terms and conditions caused by matters beyond our reasonable control.
Third party sites
This site contains hypertext links to sites that are not operated by us or by our associated companies. We do not control such sites and are not responsible for their content. Our inclusion of hypertext links to such sites does not imply any endorsement of the material contained on the sites or of the owners.
You shall indemnify and hold us harmless from all losses, liabilities, costs and expenses in connection with any claim by any third party with respect to any alleged or actual infringement of copyright, trademark, Service mark or any other proprietary rights or any false or misleading statements or breach of advertising standards resulting from the use of this Service by you. This clause shall survive termination of this agreement for any reason whatsoever.
Privacy of personal information
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
Intellectual property rights
All rights, including copyright, in the content of these web pages from time to time are owned or controlled for these purposes by Robert Ellis Photography T/A Repfoto.
All trade marks, names, and logos are the proprietary marks of us or of our associated companies. Marks identifying third parties are owned or licensed by those third parties or their associated companies. Nothing in these terms and conditions in any way confers on You any licence or right under any trade marks, names or logos.
You are not allowed to transfer or attempt to transfer this agreement in whole or in part to any other Person.
Matters beyond our reasonable control
If We are unable to provide this Service because of something beyond our reasonable control such as technical failure, lightning, flood, or exceptionally severe weather, fire or explosion, civil disorder, war, or military operations, natural or local emergency, anything done by government or other competent authority or industrial disputes of any kind (whether or not involving our employees), We will not be liable for this.
This agreement is governed by English Law and You and We submit to the non-exclusive jurisdiction of the English courts.
19th February 2004
Errors and omissions excepted.