Gavin Forster Professional Photography Terms & Conditions

Gavin Forster Professional Photography Terms & Conditions

Professional Photography Services and Website Usage Terms & Conditions

Document published

(1)    Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

(2)    Licence to use website

Unless otherwise stated, Gavin Forster Photography or it's licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

    (a)    republish material from this website (including republication on another website);
    (b)    sell, rent or sub-licence material from the website;
    (c)    show any material from the website in public;
    (d)    reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
    (e)    edit or otherwise modify any material on the website; or
    (f)     redistribute material from this website except for content specifically and expressly made available for redistribution.

(3)    Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation hot-linking, scraping, data mining, data extraction and data harvesting) on or in relation to this website without Gavin Forster Photography's express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Gavin Forster Photography's express written consent.

(4)    Restricted access

Access to certain areas of this website is restricted. Gavin Forster Photography reserves the right to restrict access to areas of this website, or indeed the whole website, at his discretion. If you are provided with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that that user ID and password is kept confidential. Your user ID and password may be disabled at Gavin Forster Photography's sole discretion without notice or explanation.

(5)    User generated content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Gavin Forster Photography a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Gavin Forster Photography the right to sub-licence these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Gavin Forster Photography or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Gavin Forster Photography reserves the right to edit or remove any material submitted to the website, or stored on Gavin Forster Photography's servers, or hosted or published upon the website. Notwithstanding Gavin Forster Photography's rights under these terms and conditions in relation to user content, Gavin Forster Photography do not undertake to monitor the submission of such content to, or the publication of such content on, the website.

(6)    Limited warranties

Gavin Forster Photography does not warrant the completeness or accuracy of the information published on this website; nor does Gavin Forster Photography commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law Gavin Forster Photography excludes all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

(7)    Limitations and exclusions of liability

Nothing in these terms and conditions will: (a) limit or exclude Gavin Forster Photography's or your liability for death or personal injury resulting from negligence; (b) limit or exclude Gavin Forster Photography's or your liability for fraud or fraudulent misrepresentation; (c) limit any of Gavin Forster Photography's or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of Gavin Forster Photography's or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free-of-charge, Gavin Forster Photography will not be liable for any loss or damage of any nature. Gavin Forster Photography will not be liable to you in respect of any losses arising out of any event or events beyond Gavin Forster Photography's reasonable control. Gavin Forster Photography will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill. Gavin Forster Photography will not be liable to you in respect of any loss or corruption of any data, database or software. Gavin Forster Photography will not be liable to you in respect of any special, indirect or consequential loss or damage.

(8)    Indemnity

You hereby indemnify Gavin Forster Photography and undertake to keep Gavin Forster Photography indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Gavin Forster Photography to a third party in settlement of a claim or dispute on the advice of Gavin Forster Photography's legal advisers) incurred or suffered by Gavin Forster Photography arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

(9)    Breaches of these terms and conditions

Without prejudice to Gavin Forster Photography's other rights under these terms and conditions, if you breach these terms and conditions in any way, Gavin Forster Photography may take such action as deemed appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

(10)    Variation

Gavin Forster Photography may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on the website. Publication, review and revision dates will be updated and displayed at the top of this webpage. Please check this page regularly to ensure you are familiar with the current version.

(11)    Assignment

Gavin Forster Photography may transfer, sub-contract or otherwise deal with any rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

(12)    Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

(13)    Exclusion of third party rights

These terms and conditions are for the benefit of you and Gavin Forster Photography, and are not intended to benefit any third party or be enforceable by any third party. The exercise of Gavin Forster Photography's and your rights in relation to these terms and conditions is not subject to the consent of any third party.

(14)    Entire agreement

These terms and conditions, together with , constitute the entire agreement between you and Gavin Forster Photography in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

(15)    Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

(16)    Gavin Forster Photography's details

The full name of the company is Gavin Forster trading as Gavin Forster Photography, 7 Riverside Studios, Amethyst Road, Newcastle upon Tyne, Tyne & Wear, NE4 7YL.

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