Terms & Conditions
Welcome to PhotoGalaxy. Please read these Terms and Conditions carefully as they contain the terms and conditions that you agree to when you use PhotoGalaxy.co.uk. If you are visiting this site you agree to be bound by the 'General' section of these Terms and Conditions. If you decide to become a PhotoGalaxy.co.uk member, in addition to conforming to the general terms and conditions, you must also confirm that you have read and agree to the Terms and Conditions that come under the 'All Accounts' section and also the sections relevant to your chosen account type. Note that a separate set of Terms apply to the site directory.
General
- Availability: PhotoGalaxy.co.uk uses reasonable endeavours to ensure that the Site is
always available online. However, there will be occasions when the Site will be interrupted for
maintenance, upgrades and emergency repairs or due to failure of telecommunications
links and equipment that are beyond the control of PhotoGalaxy.co.uk. Every reasonable step will be
taken by PhotoGalaxy.co.uk to minimise such disruption where it is within the reasonable control of
PhotoGalaxy.co.uk. You agree that PhotoGalaxy.co.uk shall not be liable to you for any modification, suspension or discontinuance of the Site or the services provided by PhotoGalaxy.co.uk.
- Site Material: PhotoGalaxy.co.uk is, unless otherwise stated, the owner of all copyright and database rights in the
Site and its contents. You may not publish, distribute, extract, re-utilise or reproduce any
part of the Site in any material form (including photocopying or storing it in any medium
by electronic means) other than in accordance with the limited use licence set out in
the copyright notice.
- Copyright Violations: If you believe that your
photograph or the photograph of another has been wrongfully copied,
fill out a feedback form with details of the infringement and we will
contact you and the accused party to resolve the matter.
- Offensive Material: PhotoGalaxy.co.uk will endeavour to ensure
that no offensive material is displayed on the the site. However,
PhotoGalaxy.co.uk assumes no responsibility for your exposure to
photographic material that in your opinion is offensive. If you wish to
complain about the nature of any of the photographic material on this site
then please fill out a feedback form detailing the name of the photographer
and the photograph and why you find it offensive.
- External Links: From time to time PhotoGalaxy.co.uk may
provide links that will take you to other, third party websites. These links
are provided for your convenience. If you decide to access linked websites
you do so at your own risk. PhotoGalaxy.co.uk does not endorse or take
responsibility for the content on other websites or the availability of other websites and you
agree that PhotoGalaxy.co.uk is not liable for any loss or damage that you
may suffer by using other websites.
- Sale of Photos: All purchases and sales of photographic material submitted to PhotoGalaxy.co.uk must be conducted and negotiated using PhotoGalaxy.co.uk as an intermediary.
- Amendments to Terms: You agree that PhotoGalaxy.co.uk reserves the right to amend these Terms and Conditions at any time, for any reason, and without notice, including the right to terminate PhotoGalaxy.co.uk services or any part of the services.
- Agreement: These Terms and Conditions are the entire agreement between you and PhotoGalaxy.co.uk and govern your use of the PhotoGalaxy.co.uk Site and services. This agreement supersedes any prior agreements between you and PhotoGalaxy.co.uk. The failure of PhotoGalaxy.co.uk to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is deemed to be invalid, the other portions of the agreement will remain in full force and effect.
All Accounts
- Valid Members: PhotoGalaxy.co.uk Membership is available to anyone who is at least 13 years of age or older who registers all required information (including an accurate, legitimate email address) and obtains a unique
PhotoGalaxy.co.uk Member Username and Password. Persons under the age of 13 cannot become a member unless they
have their parent’s or guardian’s express consent to obtain PhotoGalaxy.co.uk Membership.
- Password: When you register as a member you will be asked to provide a password. As you will be
responsible for all activities that occur under your password, you should keep your
password confidential. You must notify PhotoGalaxy.co.uk immediately of any unauthorised use of
your password or if you believe that your password is no longer confidential. We reserve
the right to require you to alter your password if we believe that your password is no
longer secure.
- Personal Details: You agree that you will ensure that
your personal records are kept accurate and up to date at all times. This is especially important with
respect to your email address, since this is the primary way in which we will
communicate with you about your account.
- Multiple Accounts: Each Member is allowed to have only one PhotoGalaxy.co.uk Membership
(Normal, Photographer or Site Owner) and the privileges associated with Membership. PhotoGalaxy.co.uk allows only one member per registered legitimate email address. Membership is for personal use only and is non-transferable.
- Violations: Members who violate the Terms and Conditions may have their membership terminated, revoked, services cancelled and their pages and materials, or portions thereof, suspended, deleted or removed without warning. PhotoGalaxy.co.uk will not return removed materials to a member. PhotoGalaxy.co.uk is not responsible for any loss of data resulting from removal of member material.
- Privacy: PhotoGalaxy.co.uk will never release your name or other personal information without your permission unless required by law. PhotoGalaxy.co.uk may use aggregated member information that does not identify any individual member. PhotoGalaxy.co.uk makes every effort to maintain the security of the storage of private information, but you acknowledge that the exchange between PhotoGalaxy.co.uk’s members and others of information such as passwords or electronic mail may not be secure. PhotoGalaxy.co.uk encourages members to change their passwords frequently.
Messages and other communications on the PhotoGalaxy.co.uk Site may not be
secure.
- E-mails: PhotoGalaxy.co.uk will not send unsolicited email. All PhotoGalaxy.co.uk emails, including newsletters and announcements, will contain information on how to unsubscribe from that email list. In the event that you receive an email that you think is unsolicited, please follow the instructions contained in the email for letting us know and PhotoGalaxy.co.uk will make every effort to have your email address removed from future mailings.
Emails sent in connection with your account can only be stopped if you close
your member account.
- Closing Accounts: Your account can be closed at anytime by
filling out a feedback form asking for your membership to be terminated.
Members
- Random Background Image Program: Only members of the site
may download and use this program for their personal use on a computer owned
by them. The program may not be distributed to any third party or used to
display images to the general public. The program may not be linked to or
included in by any third party website.
- Account Expiry: Your account will expire if not logged into
for a period longer than 1 year. This will occur with reasonable
warning.
Members must also agree to the terms and conditions in the 'All Accounts'
section.
Photographers
- Appropriate Material: PhotoGalaxy.co.uk reserves the right to
reject any unsuitable photograph that is submitted to the site. An unsuitable photograph is determined by the sole
discretion of PhotoGalaxy.co.uk. PhotoGalaxy.co.uk will only accept photos that are objective in nature.
This means that photographs of family or friends will not be accepted unless
they are artistic in nature. The basic philosophy behind whether a
photo is acceptable is whether or not an unbiased third party would enjoy
viewing it.
- Copyright in Your Images: PhotoGalaxy.co.uk does not claim ownership rights in any image
added to this site; however, for the sole purpose of enabling us to display your images through
PhotoGalaxy.co.uk, you grant to PhotoGalaxy.co.uk a non-exclusive, royalty-free license to use, copy, distribute, and display those
images. You are the owner of all materials submitted by you to PhotoGalaxy.co.uk
and you represent and guarantee to PhotoGalaxy.co.uk, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to
PhotoGalaxy.co.uk or that you have permission from the copyright owner to submit the materials to
PhotoGalaxy.co.uk.
- Legal Material: PhotoGalaxy.co.uk is committed to promoting the free-flowing exchange of graphic expression relating to Member’s
photographic interests while maintaining standards consistent with the Internet community and the societies of the world.
No PhotoGalaxy.co.uk Member or other user of the Site may process, digitize, post, upload, store, share or otherwise display on the PhotoGalaxy.co.uk Site:
a. Content or material that we believe is pornographic, obscene, or of an adult or sexual nature;
b. Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity;
c. Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18;
d. Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
i) Instructions on how to assemble or use bombs, grenades or other weapons; and
ii) Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual’s right to privacy.
e. Copyrighted content or material that is used without the express permission of the owner;
Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Uploading these images to PhotoGalaxy.co.uk without the owner's permission may constitute copyright infringement and may result in termination of your PhotoGalaxy.co.uk membership.
f. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of privacy and publicity rights and harm to reputation; or
g . Any links to the above.
PhotoGalaxy.co.uk has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site
will be examined before being approved. You acknowledge that PhotoGalaxy.co.uk has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice.
Photographers that repeatedly upload unsuitable photos may find that their
account is terminated. You, and not PhotoGalaxy.co.uk, are solely responsible and liable for all content posted and stored
on PhotoGalaxy.co.uk.
- Accurate Records: You are responsible for ensuring that all information you enter about yourself and your photos is
accurate and up to date. This includes your profile and all information
relating to your photos such as title, subject and comments.
- Loss of Data: PhotoGalaxy.co.uk urges all members to maintain backup versions of their PhotoGalaxy.co.uk materials to guard against losses of any kind. PhotoGalaxy.co.uk is not responsible for any loss of data
and/or files, nor is it required to return any data, resulting from PhotoGalaxy.co.uk’ suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason.
- Storage Policy:
You agree that PhotoGalaxy.co.uk may, at any time, establish limits concerning the maximum
number of photos or disk space that will be allotted by PhotoGalaxy.co.uk’s servers on your behalf for the storage of your photos.
- Account Expiry: Your Photographers Account and photos
associated with it may be deleted if not logged into for a period longer than
1 year or, if you have no photos on your account for a period longer than 3 months. PhotoGalaxy.co.uk may change this policy at any time upon reasonable notice to you.
Photographers must also agree to the terms and conditions in the 'All Accounts'
and 'Members' sections.
Site Owners
- Your Material: You are responsible for all material that appears on your
site. This includes all photographs, and the content of your custom pages.
- Site Layout: PhotoGalaxy.co.uk is responsible for the layout and design of your site.
- Account Expiry: When your Site Owner account expires, you
will have 10 days to renew your account before your site will be deleted.
- Site Availability: PhotoGalaxy.co.uk uses reasonable endeavours to ensure that
your site is
always available online. However, there will be occasions when the site will be interrupted for
maintenance, upgrades and emergency repairs or due to failure of telecommunications
links and equipment that are beyond the control of PhotoGalaxy.co.uk. Every reasonable step will be
taken by PhotoGalaxy.co.uk to minimise such disruption where it is within the reasonable control of
PhotoGalaxy.co.uk. You agree that PhotoGalaxy.co.uk shall not be liable to you for
any downtime that your site may experience.
- Image security: PhotoGalaxy.co.uk allows you to choose the maximum image size that your photos are viewable at on your site. If you chose to display high quality images then you take responsibility if they are copied by anyone visiting your site.
Site Owners must also agree to the terms and conditions in the 'All Accounts',
'Members' and 'Photographers' sections.
Competition
- Judging: PhotoGalaxy.co.uk will be the judge in all competitions unless stated otherwise. PhotoGalaxy.co.uk’s decision is final and is indisputable.
- Terms: All competition entrants must also agree to the relevant terms and conditions in the member sections.
These Terms were last updated on 27th April, 2004.
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