Terms & Conditions
Terms & Conditions
Important Legal Notice
ATTENTION: This legal notice applies to the entire contents of the Website under the domain name davidclarryphotography.com (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use the Website. This notice is hereby issued by davidclarryphotography.com.1. Introduction
1.1 – By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.1.2 – David Clarry Photography may revise this legal notice at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
1.3 - Images of those taking part in, or viewing an event attended by David Clarry Photography, may be taken by David Clarry Photography. These images may be displayed through Electronic or in Print: in advertisement, portfolio, exhibited, website or submitted for sale.
1.4 - David Clarry Photography acknowledges its responsibility under the provision of the Data Protection Act 1998. Where possible permission will be sort, where this is not possible, unless expressed objections are received in writing to David Clarry Photography by the end of the event, individuals are understood to have given their consent by remaining at the event.
2. Licence
2.1 – Images and content may not, except with expressed written permission, be printed, distributed or commercially exploited; nor may you transmit or store on any other website or other form of electronic retrieval system.2.2 - Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by David Clarry Photography For the purposes of this legal notice, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.
2.4 – Any rights not expressly granted in these terms are reserved.
3. Service Access
3.1 – While endeavours to ensure that the Website is normally available 24 hours a day, it shall not be liable if for any reason the Website is unavailable at any time or for any period.3.2 – Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond David Clarry Photogrphy’s control.
4. Visitor Material And Conduct
4.1 - Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. David Clarry Photography shall have no obligations with respect to such material. David Clarry Photography shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.4.2 – You are prohibited from posting or transmitting to or from the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 – You may not misuse the Website (including, without limitation, by hacking).
4.4 – David Clarry Photography shall fully co-operate with any law enforcement authorities or court order requesting or directing David Clarry Photography to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.
4.5 - Images of those taking part in, or viewing an event, may be taken by David Clarry Photography. These images may be displayed, through Electronic or in Print, in advertising, portfolio, exhibited, website (internet) or submitted for sale. David Clarry Photography acknowledges its responsibility under the provision of the Data Protection Act 1998. Where possible permission will be sort, where this is not possible, unless expressed objections are received in writing to David Clarry Photography within 24 hours of the end of the event, individuals are understood to have given their consent by remaining at the event.
5. Links To And From Other Websites
5.1 – Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. David Clarry Photography has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. David Clarry Photography therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.5.2 – If you would like to link to the Website, you may only do so subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the logo of Generator or any of its associated subsidiary or affiliated companies;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that David Clarry Photography is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with David Clarry Photography nor present any other false information about David Clarry Photography;
(e) you do not otherwise use any trade marks either of Generator or any of its associated subsidiary or affiliated companies displayed on the Website without express written permission from David Clarry Photography;
(f) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 – David Clarry Photography expressly reserves the right to revoke the right granted in clause 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 – You shall fully indemnify David Clarry Photography for any loss or damage suffered by David Clarry Photography for breach of clause 5.2.
6. Registration
6.1 – Each registration is for a single user only. David Clarry Photography does not permit you to share your user name and password with any other person nor with multiple users on a network.6.2 – Responsibility for the security of any passwords issued rests with you.
7. Disclaimer
7.1 – While David Clarry Photography endeavours to ensure that the information on the Website is correct, David Clarry Photography does not warrant the accuracy and completeness of the material on the Website. David Clarry Photography may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and David Clarry Photography makes no commitment to update such material.7.2 – The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, David Clarry Photography provides you with the Website on the basis that David Clarry Photography excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website.
8. Liability
8.1 – David Clarry Photography, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of David Clarry Photography's officers, employees or the agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.8.2 – Nothing in this legal notice shall exclude or limit David Clarry Photography’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
8.3 – If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.