Terms of use

Introduction

• This web site is operated by Creative Photography Ltd ("we" or "us").
• The web site provides access to a number of services that may be used in accordance with these terms. The services include:

• the ability to upload digital images to the web site or to email digital images to us so that we can upload them to the web site on your behalf;
• the ability to order prints of digital images that have been uploaded to the web site or emailed to us.

• These terms govern the relationship between you and us. The web site (and the services provided through the web site) can only be used if you agree to these terms. You may only use the web site in accordance with these terms.
• Only persons aged eighteen years or over may agree to these terms and use the web site or the services offered through the web site.
• We may modify these terms at any time. We will post the modified terms on the web site. We will notify you by email if we do so. The modified terms will come into effect as soon as they are posted on the web site and use of the web site (or of any services provided through the web site) after that point will be subject to the modified terms.

What you are allowed to do

• You may access any part of the web site that is not password protected. Access to some parts of the site is only available if you have a valid password. You may not access these areas without a valid password.

What you are not allowed to do

• You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the web site except as set out under "what you are allowed to do"
• You are not allowed to use the web site (or to copy or use any material from the web site) for any commercial purpose other than to conduct a commercial transaction with Creative Photography Ltd. This includes allowing access to your photo album in return for payment or for any other commercial purpose.
• You are not allowed to remove any copyright, trade mark or any other intellectual property notices contained in the original material from any material copied or printed off from the web site.
• You are not permitted to register multiple accounts for use by the same person unless specifically authorized by us in writing. Violation of this clause may result in suspension of your service.
• You must keep your password secure at all times. You will be responsible for any damage caused by unauthorized access resulting from your failure to keep your password secure.
• You are not allowed to upload, email to us or order prints of any images or other material which contain:

• nudity or pornographic or obscene material;
• racist material;
• material that is likely to incite hatred against any person or group;
• blasphemous material;
• defamatory or otherwise actionable material;
• images of any criminal act;
• material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party;
• material that breaches any applicable laws or legislation

• Although we prohibit the uploading of certain types of image to the web site, we cannot control the use of our web site. It is possible that images or other material may appear on our web site which are unlawful or offensive. We are not responsible for such images or material but if you become aware of any such images or material on the web site you should please contact us without delay.
• We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading or emailing of any images in breach of the above restrictions). We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.
• We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these terms.
• We may refuse to provide any further services to anyone who breaches these terms.
• You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

• any use by you or your guests of this web site in breach of these terms,
• any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights;
• any claim that the processing, printing or other dealing with by us in accordance with these terms of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.

Rights

• Creative Photography retain all intellectual property rights, including copyright, to the images that you have uploaded to the web site or emailed to us.
• We may delete, remove or refuse to display any material from your photo album at our sole discretion.
• We may display, modify, print, transmit, distribute or delete any of the images that you upload or email to us, provided that this use is necessary in order to provide any of the services offered by us via the web site or is otherwise allowed by these terms.

Operation of the web site

• We may change the format and content of the web site (or any products or services offered by this web site) at any time.
• We may terminate or suspend the operation of this web site (or terminate or suspend provision of any products or services offered via this web site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.
• You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.

Data protection

• Personal data provided to us through this web site will only be used in accordance with our privacy policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our privacy policy.

Services/ products

• Once you have placed an order for any goods or services via this web site (including any order for printing services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post.
• The decision as to whether to accept any order from you is at our discretion and we are not bound to do so.
• In the event that prints are produced and then discovered to have been posted in your photo album in contravention of these terms, we will not dispatch the prints to you or to the guest who ordered the prints. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the prints had been dispatched.
• To maintain continuity of service we reserve the right to use alternative photographic paper products in the production of prints, to those stated on the web-site.
• Offer codes may be published from time to time as part of a promotion. Offer codes may provide a number of free prints or a discount on part of an order. Offer codes can only be used for online orders placed through this web site. A maximum of one offer code can be specified per order. Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if so will be published with the relevant offer code.
• We will use our reasonable endeavors to reply promptly to all correspondence. Such reply may be by email or by post.

• Once your account is terminated, your photo album will be removed from the web site and your password will no longer enable access to the password protected areas of the site.

Law and jurisdiction

• These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the English courts will have exclusive jurisdiction over such dispute.