Website user Terms and Conditions

Effective June 1st 2014, replaces previous version

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR AGREEMENT TO, AND COMPLIANCE WITH, THE TERMS AND CONDITIONS SET FORTH BELOW.  PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.  YOUR USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND YOU’RE CONTINUED USE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS IN EXISTENCE AT THE TIME OF YOUR USE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE.

  1. DEFINITIONS

Thephototeam.co.uk will from here on be referred to as ‘The Photo Team’, ‘Eventspaparazzi.co.uk’ will from here on be referred to as Events Paparazzi.  All pages within this website and any material made available for download will from here on be referred to as the “Website.”

The term “Visitor” will from here on refer to anyone accessing the Website.

“You” and “Your” will from here on refer to any Visitor of The Photo Team website.

I. INTRODUCTION AND AGREEMENT TO TERMS

The Photo Team is a photography company which offers the Events Paparazzi service, where visitors may browse and purchase photographs. The website is linked to the main The Photo Team e commerce-enabled showcase of digital images created by Photographers working on behalf of The Photo Team and presented for viewing and acquisition by Visitors. By using this Website, Visitors agree to abide by all the General Terms and Conditions as set forth in ALL the Sections

III. GENERAL TERMS AND CONDITIONS

The Photo Team reserves the right to modify or add additional conditions to the General Terms and Conditions at any time. Please check for updates to the User Agreement. Our User Agreement will indicate the date on which we published it and it came into force. For 30 days after introducing a revised version of the User Agreement we will indicate on our home page and on the account dashboard at login that a revised User Agreement has taken effect and applies to Your use of the Website. Your continued use of the Website shall constitute your acceptance of the User Agreement in effect at the time of your continued use.

By accessing this the gallery you hereby assign and grant The Photo Team and its legal representatives the irrevocable and unrestricted right to use and publish photographs at the premises of the client or in which the client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases

The Photo Team and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that The Photo Team may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by The Photo Team.

Except for Photographer Content described above, Visitors grant to The Photo Team a royalty-free, perpetual license to use all rights, including copyright, in content that they upload to the Website, such as comments about this Website or about content uploaded by Photographers, or comments submitted as guest entries. The Photo Team reserves the right to amend, redact and/or delete comments for any reason.

All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organisation, or arrangement of content on this Website, is the property of The Photo Team or its licensors or suppliers.

All pages within this Website and any material made available for download are the property of The Photo Team and/or Photographers, and while displayed on the website all images will be protected by digital encryption and digital watermarks. The Website is protected by government and international copyright and trademark laws. No portion of the materials on this Website owned by The Photo Team may be reprinted, republished, modified, or distributed in any form without the express written permission of The Photo Team. You agree that you shall respect our intellectual property rights and the intellectual property rights of others. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these terms and conditions or any applicable end user license agreements are reserved by The Photo Team.

Content Disclaimer, Complaints, and Notifications of Claimed Copyright Infringement

The Photo Team cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this Website. If your photograph or trademark appears on this Website without Your consent and you wish to have it removed, please contact The Photo Team and provide the URL to the photograph in question. Please state the reason why you would like it removed and The Photo Team will make a reasonable effort to resolve the issue with the Photographer.

By entering the online gallery, you agree to join our mailing list, if you wish to unsubcribe, please send an email to admin@thephototeam.co.uk, or unsubscribe by clicking the link at the bottom of the email.

Please send this information to The Photo Team – admin@thephototeam.co.uk.

The Photo Team has a policy of terminating the account of any person who has been determined to be a repeat copyright infringer.

Trademark Notice

The Photo Team, thephototeam.co.uk, and the aperture are logos, trademarks, and service marks of The Photo Team Photography Ltd. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Purchase Terms

Purchasers acknowledge that physical products purchased through this Website are purchased for personal use only and are custom made to Purchaser’s order and have no market beyond Purchaser’s purchase thereof.

Purchasers may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit the physical products, or any portion thereof, for commercial use or in any manner, without the prior written consent of Photographer or a representative of The Photo Team Photography Ltd.

Purchasers acknowledge that products (including digital products) purchased through this Website are purchased subject to the terms set forth by the Photographer in a separate digital product license, and the acquisition of a copy of a work (digital or not) does not itself convey any rights under copyright or other laws to exploit the work. Purchasers acknowledge that The Photo Team provides NO warranties for ANY digital product license. All digital product licenses are entered into by Photographers and Purchasers at their own risk.

NO REFUNDS WILL BE GIVEN UNDER ANY CIRCUMSTANCES FOR PICTURES PURCHASED, please contact accounts@thephototeam.co.uk if you have any issues relating to payment.

Warranty Disclaimer

THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE PHOTO TEAM DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. THE PHOTO TEAM DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE PHOTO TEAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

YOU AGREE THAT THE PHOTO TEAM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THIS LIMITATION OF REMEDIES IS PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU AGREE THAT THE PHOTO TEAM SHALL NOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS, CORRUPTION OF DATA SUBMITTED, OR THE COPYING OF PHOTOS BY ITS USERS OR UNAUTHORIZED USERS. IN ANY EVENT THE LIABILITY OF THE PHOTO TEAM, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, VENDORS AND SUPPLIERS IS LIMITED TO THE LIFETIME AMOUNT PAID BY YOU FOR SUBSCRIPTION FEES ONLY EXCLUDING ANY PRODUCTS ORDERED THROUGH THIS WEBSITE OR ANY OTHER FEES. THE LIFETIME AMOUNT OF YOUR SUBSCRIPTION FEES PAID WILL BE DETERMINED AT THE SOLE DISCRETION OF THE PHOTO TEAM.

Although The Photo Team attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorised additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform The Photo Team so that we can take appropriate action. Information contained on the Website may be changed or updated without notice.

Risk of Loss

All items purchased through The Photo Team and shipped to Purchaser by The Photo Team are subject to a shipment contract under which the risk of loss and title for such items pass to Purchaser upon The Photo Team’s delivery to a shipping carrier.

Indemnity

You specifically agree to indemnify and hold harmless The Photo Team, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from any claims, demands, causes of action, judgments, liabilities, losses, and expenses arising from

(1) Your breach of these terms and conditions or violation of any representations or warranties contained in this agreement;

(2) any materials that You submit or post on this Website; or

(3) Your misuse of information provided to You by other Visitors. The indemnity provisions contained in this section include but are not limited to reasonable solicitor’s fees and court costs.

Prohibited Material and Activities

The Photo Team reserves the right to refuse material and activities or to remove any material and activities from the Website in its sole discretion. All material of any kind that we deem pornographic in our judgment is prohibited from this Web site. The Photo Team may, in its discretion, but is not obliged to, allow images that contain nudity if they exhibit artistic or other social value and are not pornographic.

Furthermore, You agree that You shall not (1) transmit or post to The Photo Team or the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms; (4) access any account that does not belong to You without the authorization of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to You by other subscribers or visitors; (6) interfere with other Visitors’ use and enjoyment of the Services or the Website; (7) modify, adapt, or hack The Photo Team or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with The Photo Team; (8) spam other The Photo Team users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to The Photo Team users, including but not limited to any false or misleading advertising or coupons.

You agree that The Photo Team does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website.

The Photo Team reserves the right to prohibit access of any Visitor in its discretion.

Links To and From the Photo Team

You agree not to portray The Photo Team or any of the products or Services provided in a false or misleading manner. You further agree not to link to this Website for any purpose or in any way that is defamatory, fraudulent, indecent, or damages the name or reputation of The Photo Team.

The Photo Team makes no representations whatsoever about any other site that you may access through this Website. When you access a non-The Photo Team Website, you understand and agree that it is independent from The Photo Team, and that The Photo Team has no control over the content on that site. In addition, you understand that a hyperlink to a non-The Photo Team site does not mean that The Photo Team sponsors, is affiliated with, or endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You agree to accept all responsibility and any liability stemming from you’re following or providing a link to another site, including where you’re following or providing a link to the other site may lead to infringement of a copyright owned by another.

International Users

The Photo Team is located in the United Kingdom and conducts its transitions in the United Kingdom. Visitors who reside or do business outside the United Kingdom specifically agree that their transactions with The Photo Team take place in the United Kingdom. They also specifically agree that they shall, to the extent necessary, comply with all the local laws, rules, and regulations applicable to them regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.

Assign ability

You understand and agree that The Photo Team may assign the rights and Conditions under this agreement. You understand and agree that your personal information may be transferred to the succeeding entity you may not subcontract, assign, or otherwise delegate your obligations under the Conditions set forth in this agreement without The Photo Team’s prior written consent.

Entire Agreement

These terms and conditions constitute the entire agreement between The Photo Team and Visitors who are not Photographers pertaining to the subject matter of this Agreement. In addition to being subject to these terms and conditions, Photographers also are subject to the Photographer Terms and Conditions in Part IV of this document. In its sole discretion, The Photo Team may modify these terms and conditions by posting the revised version on this Website as stated above. If any of the conditions in this agreement are found invalid, void, or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. Apart from modifications by The Photo Team through revised terms and conditions posted on its Website, this agreement with respect to any single person or entity may be further amended only by a writing explicitly supplementing or superseding this agreement containing signatures by both that person or entity and The Photo Team. For the purposes of this paragraph, “writing” does not include an e-mail message, and a “signature” does not include an electronic signature.

Restrictions on Use

You must be over 18 years of age in order to open an account with The Photo Team.

Additional Terms & Conditions Specific to Event Photography (studio set up)

This is a booking agreement between The Photo Team and the client booking event photography.

The Photo Team Photography Ltd are being booked to provide services at your event. You are entering in to a contract with The Photo Team Photography Ltd so please read the following terms and conditions carefully. If there are any areas you wish to discuss please do not hesitate to contact us – 0800 689 1001.
The Photo Team Photography Ltd will provide the best photography service possible where possible.
Our photographers will work to your brief or in the absence of a brief we will work in a professional manner to achieve the best results from your event. The Photo Team Photography Ltd agrees to attend your event upon confirmation of this booking form, subject to availability. Confirmation will be sent email. The Photo Team Photography Ltd will only accept bookings via this booking form, the event will only be confirmed when you have received written confirmation, confirming all the details of your event via email, until this is received please do NOT assume we will attend your event. Apart from serious circumstances beyond all reasonable control, once your booking is confirmed we will attend. When on-site, our teams will act professionally and always abide by health and safety guidelines. Our electrical equipment is PAT tested where required. The Photo Team Photography Ltd carry a minimum £1m Public Liability Insurance. If you have any questions please do not hesitate to ask prior to signing/emailing and returning this document – 0800 689 1001.
Thank you for taking the time to read this document and thank you for booking with The Photo Team Photography Ltd.

1. Representatives of The Photo Team Photography Ltd are the only professional photographers allowed to attend the event taking portraits for commercial gain. Should any other professional photographer request permission to take photographs for whatever reason, we ask that you consult with ourselves prior to permission being granted. Exceptions will include dedicated photographers for the bride or groom parties who are there to develop an album of the wedding.

2. You agree to insist any other professional or commercial photographer refrains from taking photographs of our studio and printing station set ups.

3. The Photo Team Photography Ltd will only attend bookings where an online booking form has been completed.

4. The Photo Team Photography Ltd will post all photographs from the event on our web site for further review and purchase by the guests/members.

5. The Photo Team Photography Ltd may distribute leaflets at the event to promote our services and after the event sales.

6.  By accessing any of the galleries via our website, all terms and conditions of our website are agreed to, we are sympathetic to parent’s feelings regarding publication of photographs of minors on the internet and will remove any photographs without question. Please identify any photographs to our staff and these will not be published.

7. The Photo Team Photography Ltd requests that you promote our attendance during the event via any available public address system and or DJ.

8. The Photo Team’s best position for our studio is in the same area as the main function or bar area, not in a side room or out of the way location. Failure to provide a position that is agreeable with The Photo Team Photography Ltd will constitute cancellation on your part and the full cancellation fee becomes payable.

9. Our studios need a minimum of 4M wall space to ensure we can set up. It is the responsibility of the person making the booking to ensure sufficient space is allocated for our photography team. This must be clear of any obstructions such as fire escapes and stairs. PLEASE NOTE, The Photo Team will NOT under any circumstances use equipment/backgrounds which are supplied by the venue/client. The cancellation fee of £150, will be applied if terms and conditions are not met.

10. CANCELLATIONS: Should you cancel your event a cancellation fee of £150 will be applied (unless cancelled 12 weeks prior to the event), while it is unlikely, if circumstances beyond our control mean that The Photo Team have to cancel a confirmed booking, no substitute will be provided nor will any compensation be payable to the client.

11. We attend events with over 200 guests free of charge (excluding roaming photography), this number is sufficient to generate sales to cover our costs. The cost of our attendance when numbers are below 200 guests is £150. In return we will provide you with 10 prints via a voucher system. Should one of our teams arrive on the day to discover that the number of guests is below 200, you will be invoiced for £150.

In the event an issued invoice is not paid in a timely manner, The Photo Team use a debt recovery company to retrieve all unpaid invoices, please appreciate the company we use charge for their services, which will be passed to the client directly, this mean the invoice price will increase based on the debt recovery company charges.