Terms & Conditions
BY USING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
This website is owned and operated by Paul Thomas of 26 Parkfield Road, Liverpool L17 8UJ, United Kingdom, trading as Digital Generation. We are not registered for VAT.
1. INTRODUCTION
1.1 You are able to access most areas of this website without registering your details with us.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on other pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
2. ACCEPTABLE AND PERMITTED USE
2.1 You are permitted to download and print extracts from this website for your personal use on the following basis:
(a) no documents or related graphics on this website are modified in any way;
(b) no graphics on this website are used separately from accompanying text;
(c) all and any of our copyright notices remain intact.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website are owned by us or our licensors. Any use of this website, in whole or in part, other than in accordance with clause 2.1 above, is not permitted.
2.3 Subject to clause 2.1 above, you may not store, copy, reproduce, publish, distribute, transmit, transfer, sell, license, display, modify or adapt any information or material obtained from this website without our prior written permission.
2.4 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, text, images, sounds and other things embodied therein for any and all commercial or non-commercial purposes.
2.5 Any rights not expressly granted in these terms are reserved.
3. UNLAWFUL AND PROHIBITED USE
3.1 You are prohibited from posting or transmitting to or from this 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;
(b) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law, or infringe the rights of any third party, in the UK or any other country in the world;
(c) which is technically harmful including, without limitation, computer viruses and worms, trojan horses, harmful components, corrupted or harmful data, or other malicious software.
3.2 You are strictly prohibited from using this website to:
(a) deceptively impersonate another, forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the website;
(b) upload, post or otherwise transmit any unsolicited advertising, promotional materials, junk mail (spam), chain letters, pyramid schemes, or any other form of solicitation;
(c) disrupt or otherwise interfere with the operation of the website or any other computers, servers or electronic networks connected with the provision of the website service;
(d) violate any applicable local, national or international law.
3.3 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or assist in the location of anyone posting any material in breach of clauses 3.1 or 3.2 above.
4. ORDERING FROM US
4.1 You are deemed to place an order with us by submitting an order form, and photograph(s) where applicable, online or by post. Upon our approval of your photograph(s) we will send you an order acknowledgement, detailing the products or services you have ordered, together with an invoice for payment.
4.2 Our acceptance of an order takes place when we receive payment in full of our invoice to you, unless we have notified you that we do not accept your order or you have cancelled your order.
4.3 We may refuse to accept an order:
(a) where your photographs(s) are deemed by us to be unsuitable for purpose;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in our terms and conditions.
4.4 Where your order is accepted by us we will send you a ‘proof’ of the artwork for your approval before we commit the artwork to print. Your agreement of the ‘proof’ as acceptable is binding upon you and shall constitute a contract between us for the sale of goods which will affect your rights to cancel the order or return goods in accordance with clauses 6.1 and 6.2 below.
4.5 We retain all rights in works created. We will be free to copy, distribute, incorporate and otherwise use such works for any purpose. You are not permitted to make copies or otherwise reproduce the artwork unless you acquire the copyright or a licence from us.
5. PRICING POLICY
5.1 Prices shown on this website are intended only as a guide. The full price of your order will be shown in our invoice to you.
5.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out and shown elsewhere on this website.
5.3 Our prices do not include VAT as we are not registered for VAT.
5.4 Our prices will be reviewed, and may be updated, periodically.
6. CANCELLATION AND RETURNS
6.1 If you wish to cancel your order you should notify us by contacting us prior to agreeing a ‘proof’ as acceptable (see clause 4.4 above) or, where goods have already been dispatched to you, by returning goods to us in accordance with clause 6.2 below. You cannot cancel your order after agreeing a ‘proof’ as acceptable (see clause 4.4 above) and prior to delivery. The provisions of this clause 6.1 do not affect your statutory rights.
6.2 Due to goods being customised specifically for you, and where you have agreed a ‘proof’ as acceptable (see clause 4.4 above), you can only return goods you have ordered from us that have been damaged in transit to you. You cannot otherwise return goods ordered from us. The provisions of this clause 6.2 do not affect your statutory rights.
6.3 Goods that are damaged in transit to you must be reported to us within 48 hours of delivery and should returned to us at any time within 14 days of receipt for a full refund or exchange. The costs of returning damaged goods shall be borne by us.
6.4 Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.
7. WEBSITE AVAILABILITY
7.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
7.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites are provided solely for your convenience. We do not control and are not responsible for these websites or their content and practices or availability. We therefore do 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 this website, you do so entirely at your own risk.
8.2 If you would like to link to this website you may only do so on the basis that:
(a) you do not in any way imply that we are endorsing any products or services other than our own or misrepresent your relationship with us nor present any other false information about us;
(b) you do not use the PhotoFun Studio logo without our express written permission and you do not obscure, distort, alter or otherwise affect the appearance of the logo;
(c) 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.
We reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem to be appropriate.
9. DISCLAIMER
9.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
9.2 The material on this website is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude 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 these terms and conditions might have effect in relation to this website.
10. LIABILITY
10.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our companies and the officers, directors, employees, shareholders or 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, 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 this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this 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 or use of this website or your downloading of any material from this website or any websites linked to this website.
10.2 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977), misrepresentation as to a fundamental matter, fraud, or any liability which cannot be excluded or limited under applicable law.
10.3 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your details.
10.4 If your use of material on this website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11. GOVERNING LAW AND JURISDICTION
11.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
11.2 We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
12. MISCELLANEOUS
12.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
12.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
12.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
Updated: 28th March 2008
