IMPORTANT PLEASE READ - These Terms were last updated on: 10th MARCH 2016.
It is your sole responsibility to read and fully understand these Terms before using this Website. These Terms include important information regarding your legal rights, remedies and obligations. They include limitations and exclusions on our liability to you. For the purposes of transparency, your special due care and attention should be particularly drawn to the provisions; 5 (Liability), 7 (Visitor Material) and 15 (Indemnity), and each of their individual sub-clauses.
Use of this Website indicates that you accept these Terms, regardless of whether or not you to choose to register with the Studio. By accessing any part of this Website, as well as the purchase of any products or services, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full and do not wish to be bound by them, then you are not authorised to access or otherwise use this Website, or take part in any of its promotions or offers, and must therefore leave this Website immediately.
We may revise our Terms at any time by updating this page. We will not necessarily bring changes or updates to your attention, so please revisit this page periodically to review the current Terms (see "Last Updated" above), because they are legally binding on you. Your access to, or use of the Website following changes to these Terms will constitute your acceptance of those changes. Certain provisions of these Terms may be superseded by expressly designated legal notices or conditions located on particular pages of this Website. However, if there are any conflicts between any other legal notices held on this Website and these Terms, then the Terms will always prevail.
- Use Of This Website
- Intellectual Property Rights
- Mitigated Losses
- Implied Representations & Warranties
- Third-Party Changes
- Information Accuracy
- Limited Liability
- Implied Consent
- Additional Rights
- Data Protection & Privacy
- Visitor Material
- Rules Of Conduct
- Links & Banners
- Third-Party Links
- Warranties & Liabilities
- Incoming Links
- Linking Conditions
- Governing Law
- Construction & Severability
- Headings & Captions
- Authority Of Terms
- Printed & Electronic Legality
- Failure To Comply
- Waiver Of Rights
- Third-Party Enforcement
- Unsolicited Integrity
- Construed Expressions
- Our Right To Assignment
- For Your Records
- Information & Complaint
1.1) Welcome to our Website. You are granted access to this Website for your own personal non-commercial use only, and such use should in no way be connected to any trade, business, commercial or professional activity. You are not permitted to download and keep or print any part of this Website, except to download or print a single copy of our legal notices (and any revisions) published on this Website for your own personal non-commercial use, provided that any copy of those materials you make retains all copyright and other proprietary notices.
1.2) You may access most areas of this Website without registering your details with us, but certain areas of this Website are only open to you if you register. You may not access any part of this Website that is prohibited by any notice or restriction, or where it is reasonably obvious that any such part of the Website is meant to be private and off limits to the public (e.g. administration areas meant for our employees, or areas that are designated for our clients and subscribers).
1.3) From time to time, we may make certain Content (as defined below) available to you for specific limited uses, such as for you to download or otherwise reproduce such Content. We will expressly state to which Content such permitted uses apply and what the specific conditions are for that particular Content. Those specific conditions may place restrictions on your use of the Content, including but not limited to; the number of times you can download the Content, what you may use the Content for and with how many devices you may access the Content. Prior to accessing such Content on the Website, you may be asked to affirmatively agree with the specific conditions applicable to the Content that has been made available to you.
1.4) You may only access this Website using a normal desktop computer or mobile device web browser or screen reader (or other devices required for accessibility purposes only). You may not access this Website for the purposes of ‘scraping’, aggregating or re-publishing its Content or for any reason other than as a private visitor to the Website. Remember that you will be liable for your use of this Website and its Content, so your use of our Website and our Content must at all times comply with all applicable laws, rules and regulations. We shall not be considered liable for any use of our Website and its Content made by users that are not compliant with the laws and regulations in force, without prejudice to our liability for intentional torts and gross negligence.
1.5) We welcome visitors to this Website of all ages. However certain aspects of the Website, its features or its Content, may have age restrictions, based on what is appropriate viewing for certain ages or what is legally permitted by law. Where age restrictions apply, it will be clearly marked on that section of our Website and you may be asked to verify your age before proceeding. You must not use this Website except in accordance with those clearly marked age restrictions where necessary. By accessing and/or using our Website, you affirm that you are of the legal age of majority to enter into these Terms or, if you are not, that you have obtained parental or guardian consent to enter into these Terms and before accessing any age restricted areas on our Website.
1.6) Without affecting our right to take other action (including legal action), we reserve the right to suspend/terminate your registration and use of the Website immediately, if you do not comply with these Terms. We may take other methods to prevent you from accessing the Website if you do not comply with these Terms but, because of the nature of the Internet, your successful ability to access this Website should not be taken as our consent to do so, other than on these Terms.
2.1) Unless otherwise stated, all and any intellectual property rights in any information or material created by the Photographer that is featured or displayed or which appears on this Website, or any other websites used by the Studio to promote its services, including public and private groups and forums, or within the services provided by the Studio, including but not limited to; information, research, ideas, concepts, inspirations, works, images, photographs (including digital photos taken on mobile devices and digital cameras, and images that were first generated on photographic film and any digital images created from them), artworks, drafts, pictures, graphics, drawings, illustrations, moving images, videos, films, movies, animations, displays, marketing materials, logos, icons, slogans, music, sound recordings, audio files, stories, writings, text, copy, blog posts, menus, buttons, web pages, colours, schemes, themes, tools, fonts, contracts, legal notices, applications, games, designs, diagrams, templates, layouts, codings, stylings, domain names, trade secrets, methods, techniques, processes, workshops, interviews, conversations, comments, reviews, opinions, functions, downloads, software and the general look and feel of the Website (collectively referred to as “Content”) are owned by the Studio, or licensed to the Studio by our licensors or providers.
2.2) In addition, you further acknowledge that all elements of this Website, including but not limited to, the layout and general design of all of its Content, are subject to and protected by; trade dress laws, copyright laws, moral right laws, trademark laws and all other applicable laws protecting intellectual property rights, both nationally and internationally. Unless expressly stated otherwise, you are not permitted to use, reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval.
2.3) Please be aware that any unauthorised use of our Website or any Content on our Website (including without limitation, any products or services made available through the Website), may in particular jurisdictions, result in monetary damages, as well as any civil and criminal penalties, including without limitation, for infringement of our copyright, regardless of knowledge or intent. Please therefore refer to our Copyright & Plagiarism Notice, which is incorporated into these Terms by reference, for full details and all legally binding conditions of our copyright.
3.1) The Photographer owns the trademarks “Adrian Farr Photography”, “Adrian Farr Visual Storyteller” and all other associated "Adrian Farr" trade names, service marks and logos. All other trademarks, service marks, company names or logos used on our Website, are the property of their respective owners. Our trademarks and logos may only be used in conjunction with goods and/or services produced by us. You must obtain our express prior approval before using any of our trademarks or logos for any affiliation of any kind.
3.2) If you use any of our own trademarks in reference to our activities, products or services, then you must include a statement attributing that trademark to us. You must not use any of our trademarks in, or as the whole, or part of your own trademarks; in connection with activities, products or services that are not our own; in a manner that may be confusing, misleading or deceptive; or in a manner that disparages us or our information, activities, products or services (including this Website). Any use by you of our trademarks without our express permission and authorisation, may constitute as an infringement of our rights and may result in legal action.
4.1) This Website is hosted by SQUARESPACE, which is a company based in the United States of America, and is controlled by us from the United Kingdom. We make no representation or warrant that any Content contained on this Website is appropriate for any lawful jurisdiction other than that of the United Kingdom. Should you choose to access this Website from any location other than the UK, then you are responsible for compliance with all applicable local laws.
4.2) In the event that any such Content on our Website is deemed to be unlawful or illegal in countries outside of the United Kingdom, then please do not access this Website and, where you nonetheless choose to access it, we hereby inform you that your use of the services provided by the Website, Studio or Photographer, shall be your exclusive and personal responsibility.
4.3) We have also adopted stringent measures to ensure that the legal information on this Website is accurate and in accordance with the laws and regulations of the United Kingdom, and do not contain any incorrect or out-of-date information. However we will not be held liable for the accuracy and completeness of any legal information on this Website, except for our liability for tort and gross negligence and as otherwise provided for by the law of the United Kingdom.
5.1) By entering this Website, you acknowledge and agree that the use of this Website is at your own risk, and that we express no warranties or representations of any kind that this Website is accurate and up-to-date, or free from any viruses or harmful components. The Website, all of its Content, materials and information, are provided to you "As Is", and without any intention of subversion, but due to the nature of the Internet, you agree that we have no control over hackers.
5.2) You further acknowledge that to the fullest extent permissible by applicable law, in no circumstances whatsoever, including (but not limited to) gross negligence, shall the Photographer, Studio, any sub-brands of the Studio, any family member of the Photographer, any other party (whether or not involved in creating, producing, maintaining or delivering this Website on our behalf), or any of our officers, directors, affiliated entities, respective licensors, representatives, employees, designees, collaborators, contributors, providers, shareholders or agents, be held liable or responsible for (without limitation); any direct, indirect, incidental, special, punitive damages, consequential losses, costs or expenses, nor for any kind of loss, economic loss, or loss of income, revenue, business, profits, depletion of goodwill, wasted expenditure, anticipated savings, reputation, privacy, records, data, contracts, use of money, loss or damages, or any other claims for consequential compensation whatsoever, arising from or connected in any way to business interruption, and whether in tort (including without limitation, negligence, breach of contract, misrepresentation [other than fraudulent misrepresentation], intellectual property infringement, or under any statute or otherwise), contract or otherwise, that may result to you or a third-party (howsoever caused, and whether or not we were advised of, or knew of, the possibility of such losses), in any way or in connection with these Terms, any contract, or with:
5.3) Furthermore, we disclaim all statutory and implied representations, warranties and terms and conditions with respect to this Website, and all Content, materials and information made available through this Website, including without limitation, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
5.4) In addition, we can accept no liability in respect of any changes made to the Content of this Website by any unauthorised third parties. All express or implied warranties or representations are excluded to the fullest extent permissible by law. We do not warrant that this Website does not infringe on any intellectual property rights of third parties. Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer, it is recommended that you obtain specialist advice before downloading it.
5.5) We make no claims, promises, representations or warranties that this Website, nor any information, Content or materials available through this Website, will be accurate, up-to-date, reliable, complete, error free, virus free, or compatible with any particular hardware or software. Nor do we warrant that your access to our Website or its Content will be uniterrupted or secure.
5.6) If your use of our Content on this Website (including but not limited to, downloaded Content) results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof, and shall defend and hold us harmless. In the event of any jurisdiction made against us, our maximum liability for all and any damages, losses and causes of action, whether in contract, tort (including without limitation, negligence or breach of contract or statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance, or contemplated performance of these Terms, is strictly limited to the total amount of money paid, by you to us, to access and use this Website and/or any of its Content, and we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at a the time you make the relevant order.
5.7) By using this Website or any of our Content, you are giving us your explicit indication, implicit presumed acknowledgement and implied consent, that you have fully read and understood this provision concerning our limited liability, and agree to be bound by it, therefore no further disputes about our liability to you will be entered into.
5.8) Nothing in these Terms seek to exclude or limit the Studio’s liability to you for:
5.9) Except as expressly provided in these Terms, we exclude all representations, conditions and warranties, whether express or implied (by statute or otherwise), to the fullest extent permitted by law. However, it is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies directly to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may therefore have additional rights.
7.2) Please be aware that by sharing material through our Website, your material may become publicly accessible. By sharing any material on our Website, you explicitly grant the Studio and our affiliated entities and designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and commercial license, without any compensation to you:
7.3) Please note that we do not solicit or encourage submissions of any material containing ideas or suggestions relating to our Website, our business or our affiliated entities’ businesses. If you do send us any ideas or suggestions, regardless of the topic, neither we, nor our affiliated entities we will have any obligations with respect to such ideas or suggestions, and we may use them for any purposes whatsoever, including commercial usage.
8.1) In using this Website, you agree to comply with the following “Rules of Conduct”, as updated from time to time by us. While we may monitor and moderate your material submitted to this Website, we are under no obligation to do so and assume no responsibility or liability arising from the material, nor for any error, defamation, omission, falsehood, obscenity, profanity, danger, or inaccuracy contained in any user-generated material on our Website. You are prohibited from posting or transmitting to, from, through or in connection with this Website, any material that is:
8.2) In addition, you will not (including, without limitation, by hacking or defacing any portion of the Website):
8.3) The Studio shall fully co-operate with any law enforcement authorities and/or court order requesting or directing the Studio to disclose the identity of, or locate anyone posting any material in breach of these Terms, or anyone that has engaged in any violation of these Rules of Conduct, including (but not limited to) anyone that has posted information or materials in violation of these Rules of Conduct, and the Studio therein reserves the right to moderate (including removing) any such information or materials at any time from this Website.
9.1) We may contain links to other websites and online resources, which are in no way connected to the Studio or our providers. Links to any such third-party websites from this Website are provided solely and exclusively for your information and convenience, to assist you in searching and surfing the Internet, and to help you find content that might be of interest and relevance to you. The inclusion of any such third-party link on this Website does not imply reliability and endorsement by us for the content of any third-party website.
9.2) If you use any of these links, then you will leave this Website and be led to other websites not owned or operated by us. The Studio has not reviewed all of these third-party websites and does not control or monitor such third-party websites, and is therefore not liable or responsible for these third-party websites, their content, availability and/or for the rules adopted by them in respect of, but not limited to, your privacy and the processing of your personal data when you are visiting those third-party websites. It is your sole responsibility to pay attention when you access these third-party websites through any links provided on this Website, and you should carefully read through their terms and conditions of use, and privacy policies (which may or may not be as stringent and protective as our own Terms and policies), before using any of their content.
9.4) Other websites may link to the Website with or without our knowledge or authorisation, and we may block any links to or from the Website that do not represent or align with our brand. We are entitled to object to certain links to our Website in the event that the applicant who intends to activate links to the Website has, in the past, adopted unfair commercial or business practices, which are not generally adopted or accepted by the market operators, or has made unfair competition activities in comparison with the Studio, or the Studio’s suppliers, or when the Studio fears that such practices or such activities might be adopted by the applicant in the future.
9.5) We grant links to this Website free of charge and on a non-exclusive basis. If you would like to link to this Website, you may do so subject to the following conditions:
9.6) The Studio expressly reserves the right to revoke any rights granted in these Terms for breach of the above conditions and to take any action it deems appropriate, including legal action. You shall also fully indemnify the Studio for any loss or damage suffered by the Studio or any of its group companies for breach of the above conditions.
Each registration on the Website is for a single user only. The Studio does not permit you to share your username or password with any other person, nor with multiple users on a single network. Responsibility for the security of any passwords issued rests with you, and you alone.
11.1) While the Studio endeavours to ensure that this Website is available to you 24 hours a day, 7 days a week, 365 days a year, the Studio shall not be liable if, for any reason, this Website is unavailable at any time, or for any period.
11.2) The Studio has adopted adequate technical and organisational security measures to help protect services on the Website, integrity of data and electronic communications in order to prevent unauthorised use of or access to data, as well as to prevent risks of dissemination, destruction and loss of data and confidential/non-confidential information regarding users of the Website, and to avoid unauthorised or unlawful access to such data and information. However, to the extent permitted by applicable law, we do not warrant or guarantee that the Website will operate continuously without any interruptions or errors due to the connection to the Internet, or permitted network bandwidth allowance, nor that our Website is immune to hackers or viruses.
11.3) In the event of any problem in using our Website, please contact us and we will assist and help you restore access to the Website, as far as possible. At the same time, please contact your Internet Service Provider or check that each device used for Internet connection and access to web content, is correctly activated, including your Internet browser. The dynamic nature of the Internet may not allow the Website to operate without any interruptions or discontinuity due to hacks, system failure, maintenance, repair or updates to the Website, or any other reasons beyond our control, including our host's servers, and so may, without notice, be suspended temporarily.
12.1) The information contained in this Website is based on up-to-date information, and while we endeavour to ensure all information on this Website is correct, current and complete at the date of publication, accuracy cannot be guaranteed. We make no warranties or representations (express or implied) as to the accuracy, validity, currency or completeness of this Website, or its material or Content. We may make changes to the material on this Website, or to the products, services and prices described in it, at any time, and without notice. The material on this Website may be out of date, and we make no commitment to update any such material, therefore you should take the appropriate steps to verify all information on this Website before acting upon it.
12.2) 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, this Website is provided to you on the basis that we exclude all representations, warranties, conditions and any 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 relation to this Website.
We may update these Terms from time to time and we may notify you of any changes using the email address you gave to us on registration, or by an announcement on the Website (at our sole discretion). The changes will apply to the use of the Website after such notice. If you use the Website after the date on which the changes come into effect, you will be deemed to have accepted the new Terms. These Terms were last updated on: 10th MARCH 2016.
14.1) These Terms are effective until terminated. You agree that we may terminate your access to, or use of, the Website, or any portion thereof, at any time without notice, if you breach these Terms, or we reasonably believe that you have breached these Terms, subject to any restrictions placed on our exercise of such rights under applicable law. Upon any such termination, your right to access and use the Website will immediately cease.
14.2) You agree that any termination of your access to, or use of the Website, may be effected without prior notice to you. You further agree that neither we, nor our affiliated entities, will be liable to you, or any third-party, for any termination of your access to, or use of the Website. Nevertheless, provisions 1, 2, 3, 4, 5, 7, 9, 12, 13, 14, 15, 16, 17, 18 and each of their individual sub-clauses, will survive any such expiration or termination of these Terms.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless the Studio, its affiliated entities, and any other party involved in creating, producing or delivering the Website, and their respective directors, officers, employees, agents, shareholders, licensors and representatives et al, with a complete and unconditional release from and against, of all and any; claims, losses, costs and expenses (including, without limitation, legal fees) including giving up your substantial right to sue us for any reason, arising out of: (a) your use of, or activities in connection with, the Website; (b) any violation of these Terms by you or through any account you create in connection with the Website or, (c) any allegation that any Content that you make available or create through the Website, infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or any other rights of any third-party.
16.1) Except to the extent expressly provided otherwise in this provision 16, these Terms shall be governed by, construed and enforced in accordance with the laws in the country of England (part of the United Kingdom), and you agree that English Law and the courts of England and Wales will have the exclusive jurisdiction to govern the validity, construction and performance of these Terms, without regard to its choice or conflict of law principles, and shall resolve any dispute or claim, arising out of these Terms. Non-contractual obligations (if any) arising out of or in connection with these Terms (including their formation) shall also be governed by English Law.
16.2) Any actions, disputes, claims or matters (whether contractual or non-contractual) relating to, arising out of, or in connection with these Terms, or any of the documents to be entered into pursuant to these Terms, shall be brought and heard in the courts located in, and serving the City of Norwich and County of Norfolk, where we are are currently based and located, and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts. The UN Convention on Contracts for the International Sale of Goods will not apply to these Terms.
17.1) All provisions of these Terms, wherever possible, are intended to be as broad and inclusive as is permitted by and valid under applicable English Law. If any provision of these Terms is, at any time, found to be invalid, held illegal, deemed to be unlawful, or otherwise rendered void or for any reason unenforceable by a court, tribunal or other forum of competent jurisdiction in England or Wales, then that provision shall be deemed severable from these Terms, and that decision shall not affect the validity and enforceability of any remaining provisions of these Terms, which will nevertheless continue in full force and effect.
17.2) The provision will be reformed only to the extent necessary to render it valid, legal and enforceable, while preserving its intent, or if that is not possible, by substituting it with another provision that is valid, legal and enforceable that gives equivalent effect to the parties’ intent.
17.3) Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting these Terms. The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party.
17.4) These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. Rights such as may be granted to any and all users of this Website, and obligations as may be incurred by any such person, in each case pursuant to these Terms, relate only to those persons, and you may not assign, transfer or otherwise sublicense, any or all of your rights or obligations under these Terms, to any third-party whatsoever, without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
18.1) Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
18.2) These Terms, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter.
18.3) Notices to you may be made by posting a notice (or a link to a notice) to the Website, by email, or by regular mail, at our discretion.
18.4) Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings, based upon, or relating to these Terms, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
18.5) We accept no liability for any failure to comply or fulfill any obligations set out in these Terms, where such failure is due to circumstances or causes beyond our reasonable control.
18.6) If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
18.7) You agree that our licensors who make their Content available to us in connection with the Website are third-party beneficiaries under these Terms, with the right to enforce the provisions of these Terms that directly concern their own content.
18.8) Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third-party.
18.9) In these Terms the words “include”, “including”, “includes”, “such as”, “in particular” and any similar expression are to be construed as if they were immediately followed by the words “without limitation”.
18.10) We may, at any time, assign any or all of our rights or obligations under these Terms to any person. This includes, without limitation, any person who takes on responsibility for operating this Website. This includes assignments where necessary, as part of any restructuring relating to our business or assets, or as part of a sale of our business or assets.
18.11) You may print, download or otherwise retain a single copy of these Terms (and of any revised version) for your own records only.
19.1) Thank you for taking the time to read and learn about our Terms. If you have a question or complaint regarding the Website or these Terms, please email: email@example.com, or complete the contact form below, or write to us at: 9 Dolphin Road, Norwich, NR5 0UR.
19.2) We will strive to respond to your complaint within 7 business days, and shall endeavour to resolve your complaint within 30 business days, or at the very least provide you with an update.
19.3) Please note email communications are not secure; accordingly, you should not include any financial information or other sensitive information in your email correspondence with us.