TERMS & CONDITIONS / POLICIES
At Phill Andrews Photography, we believe it is a good practice to tell you our policies so we have nothing to hide. This page covers a wide range of subjects, please ensure you take a moment to read each section. Please note, each policy may refer to further detailed paragraphs.
TERMS AND CONDITIONS OF USE
1-INTRODUCTION
1.1 - These terms and conditions shall govern your use of our website.
1.2 - By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 - If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
1.4 - You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.
2-CREDIT
2.1 - This document was created using a template from SEQ Legal (https://seqlegal.com).
3-COPYRIGHT
3.1 - Copyright © 2004-2024 Phill Andrews / Phill Andrews Photography.
3.2 - Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4-PERMISSION TO USE WEBSITE
4.1 - You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website[ for your own personal and non-commercial use][, providing that such printing is not systematic or excessive] excluding our own images;
(d) [stream audio and video files from our website[ using the media player on our website]]; and
(e) [use [our website services] by means of a web browser],
subject to the other provisions of these terms and conditions.
4.2 - Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 - You may only use our website for browsing / interacting purposes; you must not use our website for any other purposes.
4.4 - Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 - Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 - Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].
4.7 - We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website [during server maintenance or when we update the website]. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5-MISUSE OF WEBSITE
5.1 - You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) [impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity)];
(h) [decrypt or decipher any communications sent by or to our website without our permission];
(i) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];
(j) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
(k) [use our website except by means of our public interfaces];
(l) [violate the directives set out in the robots.txt file for our website];
(m) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)]; or
(n) [do anything that interferes with the normal use of our website].
5.2 - You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 - You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
6-REGISTRATION AND ACCOUNTS
6.1 - To be eligible for [an account] on our website under this Section 6, you must [be resident or situated in the United Kingdom].
6.2 - You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].
6.3 - You must not allow any other person to use your account to access the website.
6.4 - You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 - You must not use any other person's account to access the website[, unless you have that person's express permission to do so].
7-USER LOGIN DETAILS
7.1 - If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].
7.2 - Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 - You must keep your password confidential.
7.4 - You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 - You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8-CANCELLATION AND SUSPENSION OF ACCOUNT
8.1 - We may:
(a) [suspend your account];
(b) [cancel your account]; and/or
(c) [edit your account details],
at any time in our sole discretion with or without notice to you.
8.2 - We will usually cancel an account if it remains unused for a continuous period of [18 months].
8.3 - You may cancel your account on our website [using your account control panel on the website].
9-OUR RIGHTS TO USE YOUR CONTENTS
9.1 - In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].
9.2 - You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].
9.3 - You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 - You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 - You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 - You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 - Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10-RULES ABOUT YOUR CONTENT
10.1 - You warrant and represent that your content will comply with these terms and conditions.
10.2 - Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 - Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) [constitute negligent advice or contain any negligent statement];
(f) [constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity];
(g) [be in contempt of any court or in breach of any court order];
(h) [be in breach of racial or religious hatred or discrimination legislation];
(i) [be blasphemous];
(j) [be in breach of official secrets legislation];
(k) [be in breach of any contractual obligation owed to any person];
(l) [depict violence[ in an explicit, graphic or gratuitous manner]];
(m) [be pornographic[, lewd, suggestive or sexually explicit]];
(n) [be untrue, false, inaccurate or misleading];
(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];
(p) [constitute spam];
(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
(r) [cause annoyance, inconvenience or needless anxiety to any person].
11-LIMITED WARRANTIES
11.1 - We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
11.2 - We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 - To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12-LIMITATIONS AND EXCLUSIONS OF LIABILITY
12.1 - Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 - The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a)are subject to Section 12.1; and
(b)govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 - To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 - We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 - We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 - We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 - We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 - You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13-BREACHES OF THESE TERMS AND CONDITIONS
13.1 - Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) [block computers using your IP address from accessing our website];
(e) [contact any or all of your internet service providers and request that they block your access to our website];
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) [suspend or delete your account on our website].
13.2 - Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].
14-VARIATION
14.1 - We may revise these terms and conditions from time to time.
14.2 - [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]
14.3 - If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
15-ASSIGNMENT
15.1 - You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 - You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16-SEVERABILITY
16.1 - If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 - If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17-THIRD PARTY RIGHTS
17.1 - A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 - The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18-ENTIRE AGREEMENT
18.1 - Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19-LAW AND JURISDICTION
19.1 - These terms and conditions shall be governed by and construed in accordance with [English law].
19.2 - Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].
20-OUR DETAILS
20.1 - This website is owned and operated by Oliver Jones.
20.2 - You can contact us:
(a) [using our website contact form]; or
(b) [by telephone, on [the contact number published on our website]];
PRIVACY POLICY
This Privacy Policy governs the manner in which Phill Andrews Photography collects, uses, maintains and discloses information collected from the users (each, a "User") of the rallyaround.co.uk website ("Site"). This privacy policy applies to the Site and all products and services offered by Phill Andrews Photography.
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from the users in a variety of ways, including, but not limited to, when the users visits our site, register on the site, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. the users may be asked for, as appropriate, name, email address, phone number. We will collect personal identification information from the users only if they voluntarily submit such information to us. the users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about the users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about the users means of connection to our Site, such as the operating system and the Internet service providers utilised and other similar information.
WEB BROWSER COOKIES
Our Site may use "cookies" to enhance User experience. The users web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
HOW WE USE COLLECTED INFORMATION
Phill Andrews Photography may collect and use the users personal information for the following purposes:
*To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
*To personalise user experience
We may use information in the aggregate to understand how our the users as a group use the services and resources provided on our Site.
*To improve our website
We may use feedback you provide to improve our products and services.
*To run a promotion, contest, survey or other Site features
To send the users information they agreed to receive about topics we think will be of interest to them.
*To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent the users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and user with our business partners, trusted affiliates and advertisers for the purposes outlined above.
THIRD PARTY WEBSITE(S)
The users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
ADVERTISING
Ads appearing on our site may be delivered to the users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile non personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This privacy policy does not cover the use of cookies by any advertisers.
GOOGLE ADSENSE
Some of the ads may be served by Google. Google's use of the DART cookie enables it to serve ads to the users based on their visit to our Site and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html.
COMPLIANCE WITH CHILDREN'S ONLINE PRIVACY PROTECTION ACT
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our Site from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. We have a system in place where approval is needed before releasing any form of contents. This system will not pick up advertisements or third party websites where contents may not be suitable for children. If this happens, please report back via the Contact Us section where we can look into those issues and deal with those issues as quickly as we can.
CHANGES TO THIS PRIVACY POLICY
Phill Andrews Photography has the discretion to update this privacy policy at any time. We encourage the users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
YOUR ACCEPTANCE OF THESE TERMS
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
SITE DISCLAIMER
All photographs, prints and JPEG files are for personal use only. They may not be used for any commercial gain whatsoever without the express written permission of PHILL ANDREWS. The copyright of all photographs prints and JPEG files remains with PHILL ANDREWS & WWW.RALLYAROUND.CO.UK. Purchasing of photographs, prints or JPEG files does not entitle the purchaser to any reproduction rights whatsoever. This includes the scanning of images onto a computer, the production of additional prints, the use of images on the internet and the Publication of images in any printed or digital media without the express written permission of PHILL ANDREWS. By being on this website, you automatically agree to the policies we have set.
ANTI-SPAM POLICY
Here, at Phill And Marcus Andrews Photography, we are against Spam Messages and do not wish to be in the spot light of such an activity that makes our visitors annoyed. We have a zero tolerance on spam email's and messages. Here we tell you about our Anti-Spam Policy.
WHAT IS SPAM?
In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose.
THIS ANTI-SPAM POLICY
This document was created using an SEQ Legal template.
AUTOMATED SPAM FILTERING
Our messaging systems automatically scan all incoming email [and other] messages, and filter-out messages that appear to be spam.
PROBLEMS WITH SPAM FILTERING
No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by our systems. If you believe this has happened to a message you have sent, please advise the message recipient by another means. You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.
USER SPAM
We provide a facility that enables user to send email messages and/or private messages to others. the users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purposes. Full terms and conditions concerning the use of the facility are set out on this page.
RECEIPT OF UNWANTED MESSAGES FROM US
In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the Contact Us page and the matter will be investigated.
CHANGES TO THIS ANTI-SPAM POLICY
We may amend this anti-spam policy at any time by publishing a new version on this website. You may check at the bottom when any of this page contents was last modified.
COPYRIGHT POLICY
OWNERSHIP OF COPYRIGHT
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by us and our licensors.
CREDIT
This document was created using an SEQ Legal template.
COPYRIGHT LICENCE
We grant to you a worldwide non-exclusive royalty-free revocable licence to:
*(a) View this website and the material on this website on a computer or mobile device via a web browser;
*(b) Copy and store this website and the material on this website in your web browser cache memory; and
We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute,redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without our prior written permission.
DATA MINING
The automated and/or systematic collection of data from this website is prohibited.
PERMISSIONS
You may request permission to use the copyright materials on this website by contacting us via the Contact Us page.
ENFORCEMENT OF COPYRIGHT
We take the protection of our copyright very seriously.
If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by using the Contact Us page.
INFRINGING MATERIAL
If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this by using the Contact Us page.
LINKING POLICY
STATUS OF LINKING POLICY
We welcome links to this website made in accordance with the terms of this linking policy.
This linking policy is intended to assist you when linking to this website. By using this website you agree to be bound by the terms and conditions of this linking policy.
CREDIT
This document was created using an SEQ Legal template.
LINKS TO THIS WEBSITE
In order for you to link our website with our permission, you must abide by the following guidelines when linking Phill Andrews Photography:
*Links pointing to this website should not be misleading.
*Appropriate link text should be always be used.
*From time to time we may update the URL structure of our website, and unless we agree in writing otherwise, all links should point to [rallyaround.co.uk]
*You must not use our logo to link to this website (or otherwise) without our express written permission.
*You must not link to this website using any inline linking technique.
*You must not frame the content of this website or use any similar technology in relation to the content of this website.
LINKS FROM THIS WEBSITE
This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.
We have no control over the contents of third party websites, and Phill Andrews Photography accepts no responsibility for them or for any loss or damage that may arise from your use of them.
REMOVAL OF LINKS
You agree that, should we request the deletion of a link to our website that is within your control, you will delete the link promptly.
If you would like us to remove a link to your website that is included on this website, please contact us using the contact details below. Note that unless you have a legal right to demand removal, such removal will be at our discretion.
CHANGES TO THE LINKING POLICY
We may amend this linking policy at any time by publishing a new version on this website which new modified date/time can be see at the bottom of the Site Policy.
OTHER CONCERNS / FREQUENTLY ASKED QUESTIONS
Here we have a selected number of questions asked about the policies or terms and conditions. If you have trouble understanding questions or the answers, please do not hestitate to contact us.
WHY HAVE I SUDDENLY GOT A COOKIE COMPLIANCE BOX?
By EU Laws we have ensure you have an understanding that we use cookies on this site, so we have taken this opportunity to let you know exactly what we use cookies/sessions for and how we use them to make us provide better experience for you during your visit on Phill Andrews Photography. Find out more information about E-Privacy Directive.
WHAT HAPPENS IF I DISABLE COOKIES/JAVASCRIPT VIA THE BROWSER?
There are many things that happen, the major effects it can have on you is: Not having the ability to Sign-On, Being able to interact with user, remembering your preferences for your next visit and so on. We wouldn't advise on this as this site relies on Javascript to give you the best experience while being on the website.
WHY DO WE FORCE USER TO USE COOKIES/SESSIONS/JAVASCRIPT ON THE WEBSITE?
Because we strongly believe that only a small minority only refuse cookies/session upon entering our website. Refusing Cookies/Sessions/Javascripts means you're not allowing us the opportunity to give you the full benefits of your experience whilst being on the Phill Andrews Photography website.
CAN I DELETE MY COOKIES AT ANYTIME?
Yes, you can delete your cookies at anytime. Please bear in mind, on your next visit - you will simply see the Cookie Law Compliance Box again and then after reading the message, cookies will be created again.Find out how to delete cookies.
PLEASE EXPLAIN WHAT INFORMATION YOU STORE ABOUT MYSELF OR ANYONE
Under the accordance of the Data Protection Act, we always try to follow these rules. The only information that is released to the public will only be your first name,your username or any other optional information that you have entered yourself. All other details such as Gender, Email Address etc. will not and never be released to the public or third parties but only be released to those in connection with Phill Andrews Photography, Our Server or Authorities. Any information that we store that contains personal details (such as email address, your name etc.) are automatically removed after 90 days from our database (other than newsletters) unless requested before then which is at our discretion.
The following information we stored about you are as followed:
*Your IP Address/Host Name/Time/Date
We store the IP Address/Host Name upon actions such as signing in, errors, reporting links, forums etc. for the security of both yours and our protection. This helps us identify when an event has happened and allows to pinpoint any activities which could be held against you under the Abusive behavior under the Terms & Conditions of being on this site.
*Your Name/Email Address/Date of Birth/Contact Numbers/Notes
We store these details so as a organisation, we can identify you by your name upon sending email's or messages to you, we can use these details to contact you in regards to an event/query or use for security purposes to confirm you are the account holder of the User ID. We may occasionally record notes about individual user for other Phill And Marcus Andrews Photography Admins/Team members especially if the user has been warned or broken Conditions etc.We will never pass on your details to any third parties without your consent unless you have broken your Terms and Conditions where we need to pass on your details over to the police or your service provider.
*Your Gender/User ID/Profile Information/Profile Picture/Website Address
These are simply optional information and once filled in, will be displayed to those registered. Although we do monitor profile information/picture updates, we cannot be held responsible if you decide to publish your private details upon those who are registered.
*Newsletter features
We store information such as your email address and your name / membership details if you wish to be on our newsletter send-outs which you may unsubscribe anytime.
*Messages/Forums/Interaction Features/Contact Us/Reporting Facility
We do record everything that is submitted along with your identification where possible. Again this is for both yours and our security in the event of abuse etc.
COMMUNICATION IN REGARDS TO SUBMITTED DETAILS
While we rely on you submitting your details correctly with a correct name and email address. There may be times when we need you to verify who you are and whether you're the account/name holder of those details. We do this in accordance with Data Protection Act.
With communication including submitting via email and through usage of the forms on the website, you fully agree that we reserve the right to record details for backup,security and statistical purposes.
While we try to ensure we cover a wide range of subjects and points, there may be times when we have missed a vital issue or you're concerned we have not worded this document out correctly. This is where we rely on your help to correct us. You may do this by Contacting the Webmaster via the Contact Us Page.
TERMS AND CONDITIONS OF USE
1-INTRODUCTION
1.1 - These terms and conditions shall govern your use of our website.
1.2 - By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 - If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.
1.4 - You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.
2-CREDIT
2.1 - This document was created using a template from SEQ Legal (https://seqlegal.com).
3-COPYRIGHT
3.1 - Copyright © 2004-2024 Phill Andrews / Phill Andrews Photography.
3.2 - Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4-PERMISSION TO USE WEBSITE
4.1 - You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website[ for your own personal and non-commercial use][, providing that such printing is not systematic or excessive] excluding our own images;
(d) [stream audio and video files from our website[ using the media player on our website]]; and
(e) [use [our website services] by means of a web browser],
subject to the other provisions of these terms and conditions.
4.2 - Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 - You may only use our website for browsing / interacting purposes; you must not use our website for any other purposes.
4.4 - Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 - Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 - Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].
4.7 - We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website [during server maintenance or when we update the website]. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
5-MISUSE OF WEBSITE
5.1 - You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) [impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity)];
(h) [decrypt or decipher any communications sent by or to our website without our permission];
(i) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];
(j) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
(k) [use our website except by means of our public interfaces];
(l) [violate the directives set out in the robots.txt file for our website];
(m) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)]; or
(n) [do anything that interferes with the normal use of our website].
5.2 - You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 - You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
6-REGISTRATION AND ACCOUNTS
6.1 - To be eligible for [an account] on our website under this Section 6, you must [be resident or situated in the United Kingdom].
6.2 - You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].
6.3 - You must not allow any other person to use your account to access the website.
6.4 - You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 - You must not use any other person's account to access the website[, unless you have that person's express permission to do so].
7-USER LOGIN DETAILS
7.1 - If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].
7.2 - Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 - You must keep your password confidential.
7.4 - You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 - You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8-CANCELLATION AND SUSPENSION OF ACCOUNT
8.1 - We may:
(a) [suspend your account];
(b) [cancel your account]; and/or
(c) [edit your account details],
at any time in our sole discretion with or without notice to you.
8.2 - We will usually cancel an account if it remains unused for a continuous period of [18 months].
8.3 - You may cancel your account on our website [using your account control panel on the website].
9-OUR RIGHTS TO USE YOUR CONTENTS
9.1 - In these terms and conditions, "your content" means [all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website].
9.2 - You grant to us a [worldwide, irrevocable, non-exclusive, royalty-free licence] to [use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media] OR [reproduce, store and publish your content on and in relation to this website and any successor website] OR [reproduce, store and, with your specific consent, publish your content on and in relation to this website].
9.3 - You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 - You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 - You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 - You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 - Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10-RULES ABOUT YOUR CONTENT
10.1 - You warrant and represent that your content will comply with these terms and conditions.
10.2 - Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 - Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) [constitute negligent advice or contain any negligent statement];
(f) [constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity];
(g) [be in contempt of any court or in breach of any court order];
(h) [be in breach of racial or religious hatred or discrimination legislation];
(i) [be blasphemous];
(j) [be in breach of official secrets legislation];
(k) [be in breach of any contractual obligation owed to any person];
(l) [depict violence[ in an explicit, graphic or gratuitous manner]];
(m) [be pornographic[, lewd, suggestive or sexually explicit]];
(n) [be untrue, false, inaccurate or misleading];
(o) [consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];
(p) [constitute spam];
(q) [be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory]; or
(r) [cause annoyance, inconvenience or needless anxiety to any person].
11-LIMITED WARRANTIES
11.1 - We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date;
(c) that the website will operate without fault; or
(d) that the website or any service on the website will remain available.
11.2 - We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 - To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12-LIMITATIONS AND EXCLUSIONS OF LIABILITY
12.1 - Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 - The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a)are subject to Section 12.1; and
(b)govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 - To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 - We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 - We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 - We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 - We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 - You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13-BREACHES OF THESE TERMS AND CONDITIONS
13.1 - Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) [block computers using your IP address from accessing our website];
(e) [contact any or all of your internet service providers and request that they block your access to our website];
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) [suspend or delete your account on our website].
13.2 - Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking[ (including without limitation [creating and/or using a different account])].
14-VARIATION
14.1 - We may revise these terms and conditions from time to time.
14.2 - [The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.] OR [We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.]
14.3 - If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
15-ASSIGNMENT
15.1 - You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 - You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16-SEVERABILITY
16.1 - If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 - If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17-THIRD PARTY RIGHTS
17.1 - A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 - The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
18-ENTIRE AGREEMENT
18.1 - Subject to Section 12.1, these terms and conditions[, together with [our privacy and cookies policy],] shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
19-LAW AND JURISDICTION
19.1 - These terms and conditions shall be governed by and construed in accordance with [English law].
19.2 - Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of [England].
20-OUR DETAILS
21.1 - This website is owned and operated by Oliver Jones.
21.4 - You can contact us:
(a) [using our website contact form]; or(b) [by telephone, on [the contact number published on our website]];