Terms & Conditions
Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of this Website, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website or use any services.
Interpretation
These Terms and Conditions applies between you, the User of this Website and Kathryn Hopkins Photography.
You, your: means the individual using/viewing this website
We, us, our, artist: means Kathryn Hopkins Photography
Website: means www.kathrynhopkinsphotography.bigcartel.com the site you are using and viewing
Introduction
By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
We may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Intellectual Property Rights and Licence
All intellectual property rights within this Website or within the services provided by us (including photographs, text, graphics, logos, sound recordings) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under UK Copyright law and similar legislation that applies in your location, and except as expressly authorised by this agreement, you may not in any form or by an means:
- use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website
- Commercialise any information, product(s) or services obtained from any part of this Website, without having received prior written permission from the company.
Company logo
If you use our logo in reference to our activities, product(s) or services, you must include a statement attributing that logo to us. You must not use any of our logo in or as the whole or part of your own trade marks or logo; in connection with activities, product(s) or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products(s) or services (including this website).
Service access
While we endeavour to ensure that this Website is available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time for any period
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the our control.
Visitor material and conduct
Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, etc and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to/or from this Website any material:
- 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; or
- for which you have not obtained all necessary licences and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan hoses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate anyone posting any material in breach of these terms and conditions.
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control then and are not responsible for these websites or their content or availability. We 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.
If you would like to link to this Website, you may only do so subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Company's logo;
- you do not create a frame or any other browser or boarder environment around this Website;
- you do not in any way imply that the Company is endorsing any product (s) or services other than its own;
- you do not misrepresent your relationship with the Company nor present any other false information about the Company;
- you do not otherwise use any company logo displayed on this Website without express written permission from us;
- you do not link from a website that is not owned by you; and
- 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 odes not comply with all applicable laws and regulations.
We expressly reserve the right to revoke any rights granted in these Terms and Conditions for breach of the above terms and to take any action it deems appropriate.
You shall also fully indemnify us for any loss or damage suffered to us or the artist for breach of the above terms.
Privacy
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
These Terms and Conditions should be read alongside, and are in addition to our other policies, including our privacy policy.
For any enquiries or complaints regarding data privacy, you can contact the artist at the following e-mail address: [email protected].
Disclaimer:
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 product(s) 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.
The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, the maximum extent permitted by law, we provide you with this Website on the basis that we excludes 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 this legal notice might have effect in relations to this Website.
Liability
We, and any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the company officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount of 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, use of money, 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 any way or in connection with:
- this Website;
- the provision of services via this Website;
- the use, inability to use or the results of use of this Website;
- any website linked to this Website or the material on such websites;
- your downloading of any material from this Website or any websites linked to this Website; or
- viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
Nothing in this legal notice 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); or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any ability which cannot be excluded or limited under applicable law.
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.
Our liability in contract, tort including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connect with the performance or contemplated performance of this agreement is strictly limited to the price paid e for the services.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing law, jurisdiction and complaints
These Terms and Conditions and any separate agreements (including any non-contractual matters) is governed by the law of England and Wales.
Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 working days.
General
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.