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Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

These terms tell you the rules for using and/or registering with the website www.streetphotography.com (our site). Our site is an online forum and on-line image gallery for street photography and associated materials.

 

  1. WHO WE ARE AND HOW TO CONTACT US
    • streetphotography.com is a site operated by Street Photography Limited (”We”). We are registered in England and Wales under company number 09983896 and have our registered office at Regency House, 45-53 Chorley New Road, Bolton BL1 4QR. We are a limited company.
    • To contact us, please email sp.admin@streetphotography.com.
  2. BY USING OUR SITE YOU ACCEPT THESE TERMS
    • By using our site, you confirm that you accept these terms of use and that you agree to comply with them. As part of the registration process you will be required to show that you have read and understood these terms by ticking a box on the registration form.
    • If you do not agree to these terms, you should not complete your registration to our site and must not access and/or use our site.
    • By registering to use our site, you confirm that you:
      • understand and accept these terms;
      • are legally capable of entering into binding contracts; and
      • are at least 18 years of age.
    • We recommend that you print a copy of these terms for future reference.
    • Our Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you promise that all data provided by you is accurate.
  3. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
    • If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures (Identifying Information), you must treat such information as confidential. You must not disclose it to any third party. You are responsible for all activity that occurs using the Identifying Information.
    • If we have reason to believe that there is likely to be a breach of security or misuse of our site, we may require you to change your password or we may suspend your account until your identity has been verified and the account has been satisfactorily secured.
    • If you know or suspect that anyone other than you knows your user identification code or password, or you know or suspect any other breach of security, you must promptly notify us at sp.admin@streetphotography.com.
    • If you forget your user name and/or password, you may email us at our email address set out above and we will email your user name and password to the email address specified in your account.
  4. UPLOADING CONTENT TO OUR SITE
    • Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms, including Standards of Use
    • You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
    • Any content you upload to our site will be considered non-confidential. You retain all of your ownership rights in your content, but you are required to grant us a licence to use, store and copy that content and to distribute and make it available to third parties in the use of or promotion of our site and/or users. The rights you license to us are further described in Rights you are giving us to use material you upload
    • You agree that we do not have to display any copyright accreditation and/or watermarks on any content, including any images, you upload to our site.
    • We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
    • We are promoting photography and relevant written materials on our site, however, we reserve the right, without liability, to:
      • reject any image, content or posting or remove any images, content or posting you make on our site at our sole discretion including if, in our opinion, your post is irrelevant, inappropriate and/or does not comply with the content standards set out in these terms or on our site (but this right shall not be construed as imposing a duty on us to undertake any monitoring of image, content or postings); and
      • rotate the use of images which appear on our site; and
      • suspend your use of our site where we are of the opinion that:
        • you have breached these terms; and/or
        • your continued use of our site could cause us liability or would cause us to breach any law, endangers our systems or cause offence to or damages the reputation of any person.
      • You are solely responsible for securing and backing up your content.
  1. RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD
    • When you upload or post content to our site, you grant the following rights:
      • a non-exclusive, perpetual, royalty-free, world-wide license to access, reproduce, distribute and publicly display your content, in whole or in part, to secure, preserve and make it publicly available, and to make derivative works based upon your content in order to use your content in other media or formats, or to preserve its public access and in any associated promotional or marketing materials solely in the use of, or promotion of, our site and/or its users.
      • for third parties visiting our site, a non-exclusive, perpetual, royalty-free, world-wide license to access your content subject to these terms including those set out in how you may use material on our site
  1. STANDARDS OF USE
    • You agree that any content uploaded by you is your own work and you own the copyright in any such content and that there is no third party copyright or other third party intellectual property rights in your content.
    • You must:
      • use our site in accordance with these terms;
      • use our site in good faith and in the manner in which it was intended;
      • let us know if you become aware of anything which concerns you regarding our site, including any security issues or any breach or potential breach of the terms by you or any other party.
    • You must not use our site in a manner that:
      • breaches any applicable local, national or international law or regulation;
      • may damage our reputation, that of our site, or the reputation of any user; and/or
      • is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
    • You must not use our site for the following purposes:
      • uploading, downloading, using or re-using any material which:
        • is not your own work;
        • contains images of individuals who have not given their permission to feature in any image (or permission from their parents/guardians if the individual is under 16 years of age);
        • is inaccurate;
        • expresses an opinion which is not genuinely held;
        • contains any material which is defamatory or derogatory of any person;
        • contains any material which is obscene, offensive, hateful or inflammatory;
        • promotes sexually explicit material, violence, any illegal activity or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
        • infringes the intellectual property rights or other rights of any person;
        • is likely to deceive any person;
        • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; and/or
        • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; and
      • harming or attempting to harm, upset, abuse, alarm, annoy, embarrass or harass any individual, company or other body in any way;
      • harvesting or collecting email addresses or other contact information of other users of our site by electronic means for the purpose of sending unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
      • transmitting or procuring the sending of spam; and
      • accessing any computer, system, data or network in an unauthorised manner.
    • You must not:
      • use automated scripts to collect information from or otherwise interact with our site;
      • reproduce, duplicate, copy or re-sell any part of our site except as permitted by these terms and specifically clause 7;
      • impersonate any person or misrepresent your identity or affiliation with any person;
      • access without authority, interfere with, damage or disrupt:
        • any part of our site;
        • any equipment or network on which out site is stored;
        • any software used in the provision of our site; or
        • any equipment or network or software owned or used by any third party;
      • attempt to circumvent any security measure or other restriction; and
      • transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware, or to attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching provisions 7.4.4, 7.4.5 and 7.4.6, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

  1. HOW YOU MAY USE MATERIAL ON OUR SITE
    • We or our registered users are the owner of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    • You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
    • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    • Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
    • You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or the relevant registered user.
    • No part of our site may be reproduced, transmitted to, or stored on any other website or in any other medium without our express written consent.
    • If you use, modify, print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  2. THIRD PARTY/USER-GENERATED CONTENT
    • Our site includes content, services, information and materials uploaded by other users of the site, including to bulletin boards and chat rooms and hypertext links to websites owned, operated, controlled and/or provided by third parties (Third Party Content). This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
    • Your use of any Third Party Content may be subject to the relevant third party’s terms and conditions, and it is your responsibility to make yourself aware of those terms and conditions. We will not necessarily see or be aware of any enquiries that you submit to any third parties who provide Third Party Content.
    • We have no control over or proprietary interest in any Third Party Content. We do not give any promises about the quality, security, accuracy or any other aspect of any Third Party Content, and exclude any and all liability arising from your use of it.
    • If you wish to complain about any Third Party Content please contact us on sp.admin@streetphotography.com or use the ‘report this’ image facility available through the site.
  3. WE MAY MAKE CHANGES TO THESE TERMS
    • We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
  4. WE MAY MAKE CHANGES TO OUR SITE
    • We may update and change our site from time to time to reflect changes to our users’ needs and/or our business priorities. We will try to give you reasonable notice of any major changes.
  5. WE MAY SUSPEND OR WITHDRAW OUR SITE
    • Our site is made available free of charge.
    • We do not guarantee that our site, or any content on it, will always be available or be uninterrupted or error-free. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
    • You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  6. DO NOT RELY ON INFORMATION ON THIS SITE
    • The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
    • Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  7. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • Whether you are a consumer or a business user:
      • we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
    • If you are a business user:
      • we exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it to the full extent permitted by law.
      • we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
        • use of, or inability to use, our site; or
        • use of or reliance on any content displayed on our site.
      • In particular, we will not be liable for:
        • loss of profits, sales, business, or revenue;
        • business interruption;
        • loss of anticipated savings;
        • loss of business opportunity, goodwill or reputation; or
        • any indirect or consequential loss or damage.
      • If you are a consumer user:
        • please note that we only provide our site for personal and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of sales, loss of business, loss of revenue, business interruption, or loss of business opportunity.
      • Just because we do not take action straight away if you do not comply with these terms, then it does not mean we may not take action in the future.
      • If a term in this document is not enforceable, this will not affect any other terms we may want to enforce.
  1. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
    • We do not guarantee that our site will be secure or free from bugs or viruses.
    • You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
  2. RULES ABOUT LINKING TO OUR SITE
    • You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
    • You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    • You must not establish a link to our site in any website that is not owned by you.
    • Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
    • We reserve the right to withdraw linking permission without notice.
    • The website in which you are linking must comply in all respects with the content standards set out in in these terms.
    • If you wish to link to or make any use of content on our site other than that set out above, please contact sp.admin@streetphotography.com.
  3. Written communications and notices
    • Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic.
    • We will contact you by email or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.
    • All notices given by you to us must be given to the address or email set out at paragraph 1 We may give notice to you at either the email or postal address you provide to us when registering (or such updated email address or postal address as you may provide to us from time to time via the section of our site which allows you to update your registration details).
    • Notice will be deemed received and properly served immediately when posted on our site or 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified email address of the addressee.
  4. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
    • Our site is operated from the United Kingdom. If you use our site from outside of the United Kingdom you do so at your own risk and must comply with any local laws that apply to your use of our site.
    • If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the jurisdiction of the English courts, such that any proceedings by or against us shall be brought in the English courts but provided that nothing will prevent us from taking proceedings against you in any other court of competent jurisdiction.
    • If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.