ElizabethKeatesPhotographyLegal - Elizabeth Keates Photography

In very basic terms we totally respect your personal information and will only ask you for what information we really need from you.

Will look after it in the same way we would want ours looking after, keeping it secure! We will only share it with others where we need their help us deliver our service to you (such as our professional printing laboratory who may need your name and address to post your purchases).


Be assured that we will never share your information in any other circumstances – nor will we sell it on elsewhere! Here are more details - Introduction Elizabeth Keates Photography takes your privacy very seriously. This privacy policy has been prepared in line with the EU’s General Data Protection Regulation (GDPR), which promotes fairness and transparency for all individuals in respect of their personal data.


This privacy policy applies to all data we process, and by using Elizabeth Keates Photography you consent to our collection and use of such data. 


The Data we collect As a data controller we collect a variety of data in order to deliver our services, and we will manage your personal data transparently, fairly and securely. We may ask you to provide us the following data – First and Last Name Address Postcode, Telephone Number(s) Email / IP Address etc.. We will also record a date of birth for all persons we photograph under the age of 13 and require the parent or a legal guardian to consent to photography.


Obviously being a photographic business we also create and manage images as per our contractual agreement(s).

We use the above data to -

To deliver our service to you For marketing purposes pre discussed in your contract when booking

Personalise your experience

To provide account access

We collect this data on the following lawful basis Consent by contract and clear terms and conditions

When you visit our website we also collect Cookies. These are small pieces of data that websites send to a user's computer and are stored on the user's web browser. They are designed to enable the website to remember information, such as what a user might have put in a shopping cart for example.

This helps us – Personalise your experience Deliver our service to you, Marketing Purposes .

How do we keep your personal data secure?

We keep your data secure By following internal policies of best practice and training for staff. Encryption In the unlikely event of a criminal breach of our security we will inform the relevant regulatory body within 72 hours and, if your personal data were involved in the breach, we will also inform you. 


Changes to our privacy policy and control-

We may change this privacy policy from time to time. When we do, we will let you know by changing the date on this policy, notifying customers of only significant changes. By continuing to access or use our services after those changes become effective, you agree to be bound by the revised privacy policy.

You have the following rights - • -

The right to be informed about the collection and use of your personal data • - the right of access to your personal data and any supplementary information • - the right to have any errors in your personal data rectified • - the right to have your personal data erased • - the right to block or suppressing the processing of your personal data • - the right to move, copy or transfer your personal data from one IT environment to another • - the right to object to processing of your personal data in certain circumstances, and • - rights related to automated decision-making (i.e. where no humans are involved) and profiling (i.e. where certain personal data is processed to evaluate an individual).


We also give you the option to manage your data via:

Phone – 07930 434107

Email - Elizabethkeates@mac.com

Writing to us – 21 Bradway , Whitwell, Herts, SG4 8BE


While we do not hold personal data any longer than we need to. The duration will depend on your relationship with us, and whether it is ongoing. We may keep some of your personal data for up to 7 years after our working contract with you has finished for Tax legislation purposes After this time we will archive your photographs indefinitely, excluding those used in portfolios, along with your relevant details and consent forms. This is due to requests for replacement images being made several years after being taken.



PRIVACY NOTICE - Further details on GDPR

Objective To describe how we collect and use personal data about you in accordance with the General Data Protection Regulation (GDPR)


 EK Photography will only collect basic personal data about it’s customers and suppliers which does not include any special categories of personal information (Known as Special Category Data).


The data collected includes: Customers: • Name and address • Date and type of event photographed Suppliers: • Full Business name and address or registered address • Delivery or collection Address • Contact persons e-mail and telephone numbers • Company registration numbers • VAT number • Insurance Details • Society Details (for membership requirements)


Why EK Photography needs this information:

To fulfil our contractual obligation to you as our customer or supplier. EK Photography will not ask, or collect from you, any personal information we do not need to meet our agreed contractual obligation.

Lawful Processing Conditions: EK Photography will only use your personal data with your consent, or where applicable to: • Complete our contractual obligation • Comply with legal requirements • Protect your vital interests • For our own Legitimate interests Certain legitimate business principles may require us to process your personal data to comply with the some of, or all the following: • To identify and prevent fraud • In line with all legal and regulatory requirements • To comply with public tasks or Vital Interests EK Photography will not sell your data to any 3rd Party.

As part of our contractual agreement and in line with our business requirements, EK Photography will control to the best of our ability all photographs that are placed on our own websites that is within the public domain, to remain in line with the GDPR rules. • We will only put photographs on our website with either the Family name OR Christian names only, no other form of personal identification will be placed on our website in relation to your contract or photographs.

How long will we keep your data?

EK Photography will keep your data for the period agreed at the time of booking the photography shoot. We will continually review what information we hold and will delete the personal data that is no longer required. We will not retain your data for any longer than is necessary and the longest we will keep your data will be seven years (in-line with all accountancy, invoicing and tax regulations).


Your Rights: Individuals have the right to access any personal data that EK Photography may hold. You have the right to: • Request to rectify, restrict and delate any personal data held by EK Photography • Object to any data being held by EK Photography • Revoke Consent and any time • Complain If you wish to complain about the way in which EK Photography handle your personal information (and without prejudice to any other rights you may have), please contact EK Photography, so we can investigate the matter.


PAGE 1 OF 7 Definitions:

“Business” shall mean Elizabeth Keates Photography and videography, Elizabeth Keates photography also Keates Photography London “Client(s)” shall mean “You” the Parties in the Contract “Event” shall mean the Event title inserted into the Contract “Photographer(s) and or Videographer(s)” shall mean Elizabeth Keates Photography & videography and also Keates Photography London.

“Products” shall mean any USB’s, video’s, photographs, discs, albums or other produced items listed in the Contract “Services” shall mean photography (and or) videography to be carried out at the event and any other services agreed between the Client(s) and the Photographer / videographer and set out in the contract It is agreed that the following terms and the contract set out the entire agreement made between the parties, and that no variation or modification of the contract shall be effective unless agreed by both parties in writing.


Each party acknowledges that, in entering into the contract, it has not relied on any statement, representation, assurance or warranty (whether made negligently or innocently) other than those expressly set out in the Contract and these Terms & Conditions. £500 or 25% Booking Fee The booking fee is 25% of the quoted price or £500, the highest is required.

The Photographer(s) and or videographer(s) will confirm the Event, Date, Time, Services upon receipt of cleared funds in respect of the Booking Fee.

If no Booking Fee is received within 7 days of the initial enquiry or signing the Contract then the Photographer may offer the Date of Event to another client.

The Parties acknowledge that the Booking Fee is non-refundable or transferable in the event of cancellation by the Client.In the event of the final balance not being paid 14 days before the event date Elizabeth Keates Photography & Keates London will cancel the booking without refund of any monies paid.

Payments Elizabeth Keates Photography & videography will be in contact with you approximately [3-4] weeks prior to your Event to arrange a pre-event appointment, if this is deemed necessary.

Any remaining balance is to be paid in advance of that meeting date. All payments must be received in cleared funds prior to the Event.

Following payment of the Booking Fee, the balance of fees due is to be paid as follows: • 25% or £500.00 none refundable booking fee is due on booking prior to the event date; • The remaining balance is due 14 days prior to the event date. •

Payment for any additional images or products must be made at the time of order. Failure to make payment by the dates stipulated may result in cancellation. All cheques should be made payable to Elizabeth Keates Photography.

Bank Transfer (BACS) payments may be made to HSBC : Elizabeth Keates Photography, sort code 40 -24 -20, account number: 21733001.

Late payments or returned cheques will attract an administration charge of £10.00. No photographs or albums will be delivered until all payments have been received in full in cleared funds.

Where payment is to be made by a third party, the Parties acknowledge that they shall remain responsible for any balance outstanding in respect of the Contract. License and Coverage: The Photographer(s) and or videographer(s) shall be granted artistic license in relation to the poses photographed and the locations used.

Although every effort will be made to comply with the Clients’ requirements, the Photographers’ judgement regarding the location, poses and number of images taken and /or given to the customer shall be deemed correct and not subject to dispute. For Events involving a church ceremony or at certain other venues, the Photographer(s) and or videographer(s) movements are sometimes restricted by the minister or official in charge: photographing of parts or even all of the ceremony or occasion may be restricted or prohibited, as may the use of artificial lighting.

The Photographer(s) and or videographer(s) cannot accept responsibility for limited coverage in such circumstances. Whilst the Photographer(s) and or videographer(s) shall endeavour to fulfil the Clients’ requirements, the Photographer(s) and or videographer(s) cannot be held responsible for non-availability of subjects or adverse conditions which may delay the progress of proceedings, preventing the coverage of certain specified shots.

Any alterations made to this Contract by the Clients once details have been confirmed may only be made at the discretion of the Photographer(s) and or videographer(s) and should be agreed in writing. Where the Photographer(s) and or videographer(s)is unable to accommodate alternative arrangements (such as change of ceremony date and or venue) the Photographer(s) and or videographer(s)is not liable to compensate the Client(s) in any way whatsoever.

Use and Display of Images The Clients hereby allow the Photographer(s) and or videographer(s) to display any images and or video and film clips relating to the contract and to generally promote the business in the Photographer(s) and or videographer(s) portfolio and by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s).

By signing this contract you consent to the use of such images. Images placed in password protected galleries within the website are not available to the general public in the normal course of events. The Photographer(s) and or videographer(s) agrees not to resell any image to a third party other than with prior written consent. No re-editing, Photoshop or any other changes shall be permitted by the client after receipt of products. Re-use and reprints may be permitted for friends and family at the express consent of the photographer.

Image and Reproduction All print and presentation sizes quoted are approximate and subject to change at the discretion of the Photographer(s) and or videographer(s) and may be subject to slight variation.

Whilst every effort will be made, the Photographer(s) and or videographer(s) cannot guarantee exact colour matching and can not be held responsible for any colour variations which may occur due to light and location variations.

Due to limitations of computer monitors and variations of computer operating systems, it is understood that images viewed via this method may appear differently according to the specification of each monitor/computer and that prints may not match images rendered on any particular computer monitor. Where images are made available for use on a CD/DVD player by disc, reasonable steps are taken to ensure compatibility, but the Client acknowledges that discs may not play on all CD/DVD players and computers.

Only quality branded CD’s and DVD’s are used and each is checked prior to delivery. However, it remains the responsibility of the Clients to check for in-transit damage.

The Photographer(s) and or videographer(s)cannot be held responsible for damage to equipment resulting from defective media.

Retouching Your package will include edited and print ready images. Should you require any further digital manipulation in Photoshop, there will be an additional charge of £35 per image. Re-orders All re-orders shall be treated as an extension of the Contract and no responsibility for any error will be accepted unless orders are provided in writing.

Products In the event a product (such as an album) is no longer available a suitable alternative of similar quality will be offered.

The photographers’ choice of an alternative will be deemed as correct and acceptable to the Client(s).

Any surcharge resulting from the order of a new product following rejection of a replacement will be the responsibility of the Client(s).

Ownership Any negatives and/or digital files shall remain the sole property of the Photographer(s) and or videographer(s)at all times.

All completed albums and products shall remain the property of the Photographer(s) and or videographer(s)until full payment is received.

Copyright Any images or copies of images whether stored digitally or otherwise and any computer program including any source or object code, computer files or printed documentation relating to such images are protected by the Copyright and Design Act 1988 and remain the copyright of The Photographer(s) and or videographer(s)at all times unless there is express written agreement to the contrary.

It is contrary to the Act to copy or allow to be copied photographically, electronically or by any other means an image created as part of this contract without the written permission of the Photographer(s).

Substitution In the unlikely event that the assigned Photographer is unable to attend your Event due to unforeseen circumstances, Elizabeth Keates Photography (and or) videography reserves the right to appoint another suitable Photographer(s) and or videographer(s)to attend the Event on our behalf to undertake the photography (and or) videography to his/her best ability.

Insurance & Limitation of Liability The Photographer(s) and or videographer(s)will maintain Public Liability and Professional Indemnity insurance at all times. However, in the unlikely event of a total photographic failure or cancellation of this Contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the Contract.

Neither party shall be liable for any indirect or consequential loss. Force Majeure The due performance of this contract is subject to alteration or cancellation due to a Force Majeure Event.

A Force Majeure Event means an event beyond the control of a party, which by its nature could not have been foreseen or, if it could have been foreseen, was unavoidable, and includes, without limitation, acts of God, illness, injury, storms, floods, riots, fires, sabotage, civil commotion or civil unrest, interference by civil or military authorities, acts of war or armed hostilities or other national or international calamity or one or more acts of terrorism or failure of energy sources.

For the avoidance of doubt, it does not include circumstances where the Photographer(s) and or videographer(s)attend an Event to perform the Services and any of the Parties fail to attend. Cancellation Where the Photographer(s) and or videographer(s)has to cancel the Event, due to circumstances beyond his/her control the full amount of the Booking Fee and any further payments received will be returned to the Client(s). Where it is possible a re-shoot may be arranged (if practicable) however, the Photographer(s) and or videographer(s)will not be responsible or liable for any additional costs incurred by the Client(s).

Should the Client wish to cancel this contract at any time, Notice of Cancellation must be given in writing to the Photographer (s). In such circumstances, the Client will be liable to pay the Photographer(s) and or videographer(s)the following sums- • Notice received 365 days prior to the wedding date or more: Booking Fee only. •

Notice received less than 365 days but more than 182 days: 50% of the agreed balance due will be payable. •

Notice received of 182 days or less: 100% of the agreed balance will be payable. Where no package has been selected on the original booking form, the agreed balance will be accepted as being £1,000 and the date of cancellation will be deemed to be the date the Photographer(s) and or videographer(s)receives written Notice of Cancellation, as confirmed by the Photographer. Where an Event is postponed until a later date and, subject to the alternative date being available, the Photographer(s) and or videographer(s)will retain any fees paid and confirm the new Event Date, Time and Services to the Client. Conduct & Safety The Photographer and or vidographer will not tolerate verbally or physically abusive behaviour, nor will they share their time or compete with guest photographers for the attention of the subjects.

Unchecked guest conduct that interferes with photography (and or) videography may seriously affect the quality of the photographs taken and increase the number of times photos must be re-taken.

If the Client is unable to control the conduct of their guests, resulting in an unacceptable degree of misconduct, or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer. The Client understands that in such an event, no refunds will be granted. Polite Request That the photographer(s) and or videographer(s)is/are provided with a hot meal when working on location.

VAT All prices quoted are subject to V.A.T at the prevailing rate (if applicable). Complaints All complaints should be raised by the Client directly to the Photographer and or videographer in writing within 14 days of the occurrence which gives rise to the complaint. The Photographer and or videographer will consider the complaint and shall provide a response to the Client within 14 days of receipt of the Complaint. In the unlikely event of an unresolved complaint the Client may request the Guild of Photographers to mediate but only on the basis that its decision shall be final and binding upon both parties.

Notices Any Notice relating to this contract should be in writing and sent by recorded delivery to the address stated in the Contract.

Governing law and jurisdiction The parties irrevocably agree any dispute arising out of this contract shall be governed and construed in accordance with English Law and that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim.

It is understood that Elizabeth Keates Photography & Videography is the exclusive videographer and photographer retained by the client to cover outlined event.

Any conflicts with other video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the client. • Client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for Elizabeth Keates Photography & Videography each event, public or private. Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions. The client warrants that he/she has the legal rights to anything Elizabeth Keates Photography & Videography will videotape, including photos, musical recordings, videotapes, or any other materials delivered to Elizabeth Keates Photography & Videography for inclusion in the clients video. •


Elizabeth Keates Photography & Videography is not responsible for poor audio if the client does not make proper and correct use of the supplied sound equipment, boom microphone, riffle microphone, lapel microphone, etc. Dark or grainy video resulting from inadequate lighting or the refusal of the client to allow camera-top lighting at the location, or electrical or mechanical malfunctions on location that are beyond our control.

Elizabeth Keates Photography & Videography will establish an arrival time for the event date with the client prior to that date and remain on duty for the number of hours included in the package. Coverage hours included in the package are for the event / booking date only and must be consecutive. Elizabeth Keates Photography & Videography reserves the right to use videos and photos for display and or promotional purposes. All video masters, raw footage and photographs remain the exclusive property of Elizabeth Keates Photography. Artistic Style.

On its own behalf and on behalf of the subject: Client acknowledges that he/she is familiar with the Elizabeth Keates Photography & Videography’s portfolio and is requesting services with knowledge of the company’s style and that Elizabeth Keates Photography & Videography’s work is constantly evolving; that the Elizabeth Keates Photography & Videography's services are of a unique and artistic nature; that the video may be different from videos done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create videos consistent with our personal judgment and consistent with our vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, client acknowledges that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria.

The client has one re-edit included, further edits are charged at £45.00 per hour. The client understands that the photographer and or videographer may choose to use a low aperture F-Stop during the shoot this will add a definition to the subject separating them from the back-ground. Should you not wish this please make it know in writing before the event. •

If Elizabeth Keates Photography & Videography fails to comply with the terms of this agreement due to any event or at beyond the control of Elizabeth Keates Photography & Videography, including but not limited to illness, accident, labour disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, Elizabeth Keates Photography & Videography’s liability is limited only to a refund of all monies received.

• SIGNATURE: Receipt of the booking fee is confirmation that the above conditions are agreed between both parties.


DISCLAIMERS 16.1 THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (a) THE SERVICE; (b) THE WEBSITE CONTENT; (c) USER CONTENT; OR (d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE. IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. 16.2 WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. 16.3 BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 16.4 WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. AGE RESTRICTIONS ON USE OF OUR WEBSITE 17.1 Our website and any products or services available on or via the website are not intended for use by individuals under the age of 18. 17.2 IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITE, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY PERSONAL INFORMATION TO US. 17.3 We do not knowingly or intentionally process the personal information of any individual under the age of 18. Governing law and jurisdiction 18.1 These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law. 18.2 The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to. Copyright, credit and logo 19.1 The copyright in these Terms of Use is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. Unless expressly indicated otherwise, all intellectual property rights in this document and elsewhere on our website, including any content on our website, are reserved. 19.2 These Terms of Use are based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit www.gdprprivacypolicy.org 19.3 Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy. User Content Agreement This User Content Agreement sets out the terms that apply to you when you use any interactive functions on our website, https://www.locations.london/ (our website). When you click agree to this User Content Agreement, you agree to be bound by its terms in addition to our website terms of use, you acknowledge that your personal information will be processed in accordance with our privacy policy, and that we use cookies and other information-gathering technologies in accordance with our cookies policy, and you agree to check for the latest version of this User Content Agreement, our terms of use, privacy policy and cookies policy each time you access our website. This User Content Agreement is effective from 25/05/2018. Please read this User Content Agreement carefully. We recommend that you print off a copy of this User Content Agreement for your records, as well as any future versions of it, as we may update it from time to time. If for any reason whatsoever you do not agree to this User Content Agreement or do not wish to be bound by any or all of its terms, you must not click agree to this User Content Agreement, and you must not access or use any interactive functions of our website, link to our website, contact other users of our website or upload any content to our website. Contents Basis of agreement Variation of this User Content Agreement Content uploaded to our website Rights you grant in relation to content uploaded to our website Prohibited uses of our website Prohibited Content Actions we may take in relation to uploaded content No responsibility for user-generated content Viruses and other harmful content Links to other websites Links to our website Conflict Severance Assignment Waiver Third party rights Reservation of rights Governing law and jurisdiction Copyright, credit and logo Basis of agreement 1.1 This User Content Agreement, in addition to our Terms of Use, sets out the terms and conditions that apply to you when you access any interactive features of our website, upload content onto our website, interact with other users of our website or upload links on our website. 1.2 When you click agree to this User Content Agreement, you agree to be bound by the terms set out herein. Variation of this User Content Agreement 2.1 We may vary the terms of this User Content Agreement from time to time: (a) to reflect any changes in the way we carry out our business; (b) to account for any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the website; or (c) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and guidance. 2.2 By continuing to access our website after we have updated this User Content Agreement, you agree to be bound by that updated version. 2.3 You must check this User Content Agreement each time you access our website in order to ensure that you are aware of the terms and conditions that apply to you at that time. 2.4 If required by law, we will provide you with notice of any changes we make to this User Content Agreement by posting a notice on our website. Where we make any changes to this User Content Agreement, we will post the updated version on our website with a new effective date stated at the beginning of it. 2.5 The date that this User Content Agreement was last amended is set out at the top of the document and may be described as the document’s “effective date”. Content uploaded to our website 3.1 Whenever you make use of any feature or interactive function on our website that enables you to upload content to our website, any content you upload must: (a) state any facts accurately; (b) state opinions only when, and to the extent that, they are genuinely held, and you must also state the person to whom those opinions belong; (c) comply with all applicable laws and regulations both in England and Wales, any country from which you upload the content and any other applicable laws from time to time; and (d) not constitute Prohibited Content (described in clause 6 (Prohibited Content) below). 3.2 You may upload your own confidential information to our website, but any confidential information you upload will be made public and non-confidential by you uploading it. We do not guarantee that any content uploaded by you will be treated as confidential, and we disclaim any responsibility for maintaining the confidentiality of any such uploaded content. You must not upload confidential information belonging to any other person. Any and all content that you upload to our website will be treated as non-confidential. 3.3 We are not responsible for securing or backing up any data or content uploaded by you, and we are not responsible for any loss or corruption of such data or content. If you do not wish to lose any content uploaded by you, you should back up and secure such content independently. 3.4 You shall be solely responsible for content you upload to our website and for the consequences of uploading or publishing it. In connection with your uploads and anything contained, displayed, featured, incorporated, or appearing therein or related thereto, you hereby represent and warrant that you either: (a) are the owner of all copyright and other intellectual property rights in the content uploaded by you; or (b) are licensed or otherwise legally authorised by the owner of the copyright or other intellectual property rights in the content you upload to use that content and to distribute that content on or via third party websites (including on or via our website) in the public domain on a non-confidential basis, and to grant the licence described in clause 4.2 (Rights you grant in relation to content uploaded to our website) for and on behalf of the owner of the copyright. 3.5 You further represent and warrant that your use and/or uploading of any content to our website does not infringe and will not infringe on the copyright, trade mark, trade secret, rights or privacy or publicity, or other intellectual property or personal rights of any person or entity. 3.6 If you own the copyright in any photograph, video or other material that appears on our website and you consider that its appearance on our website violates your copyright, please notify us by email at info@locations.london. If you are uncertain whether the use of the content you are reporting infringes your legal rights, you may wish to seek legal guidance. Please bear in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the United States, with similar laws existing in other countries. Rights you grant in relation to content uploaded to our website 4.1 You shall at all times remain the owner of all copyright in the content uploaded by you, unless the copyright in such content is owned by a person other than yourself, in which case that person shall retain the ownership of the content. 4.2 By uploading content to our website, you grant us a worldwide, transferable, non-exclusive, perpetual, irrevocable, royalty-free licence to use, copy, adapt, modify, reproduce, process, publish, transmit, display and distribute such content to anyone, by any means whatsoever, for any lawful purpose, and to relicense, whether or not in exchange for payment, third parties to do the same. This means that any content you upload to the internet via our website is public, and may be distributed anywhere by anyone, including persons other than ourselves and those to whom we have relicensed it. 4.3 You grant each user of the website a non-exclusive licence to access the content you upload through the website, and to use, copy, reproduce, distribute and display such content as permitted through the functionality of the website and under this User Content Agreement. 4.4 You waive any claims you may have based on any usage of the content you upload or the works derived therefrom including (but not limited to) claims for infringement, invasion, misappropriation, or violation of intellectual property or personal rights. Prohibited uses of our website You must use our website for lawful purposes only and in accordance with this User Content Agreement. You must not use our website: (a) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the website, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing the same; (b) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate or market to anyone any goods, services or business not authorised by us; (c) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international; (d) for any fraudulent purposes whatsoever; (e) to communicate with, harm or attempt to harm children in any way; or (f) in any way or for any purpose that breaches this User Content Agreement or the terms of any other documents referred to in it. Prohibited Content You must not upload any content to our website, or upload to our website any links to third party websites containing content which falls into any one or more of the following categories (Prohibited Content): (a) contains confidential information belonging to any other person, save and except where you have the legally binding authorisation of such person to upload the content to our website; (b) contains any advertising or promotions relating to any other business or that provides a link to any other business, without our prior written consent; (c) is deceptive, dishonest, deceitful, inaccurate or untrue; (d) misrepresents your identity, status or any affiliation you may have with any third party; (e) impersonates any other person or organisation; (f) represents or suggests that the content is provided by us or reflects our views, opinions, positions, activities or affairs; (g) contains any swear word or profanity, is offensive, obscene, hateful or aggressive, threatening, abusive, harassing or malicious towards any person or is likely to cause anxiety, distress, discontent or annoyance, or which promotes violence, hatred, aggression or unrest; (h) is in any way discriminatory towards any person or class of persons on account of nationality, race, gender, age, religion, disability, sexual orientation or any other characteristic or ground (s) capable of constituting unlawful discrimination under the Equality Act 2010; (i) infringes any intellectual property rights of any other person, including, without limitation, any copyrights, database rights or trade marks; (j) breaches any statutory duty owed to any other person; (k) breaches the terms of any contract owed to any other person; (l) contravenes the terms of any court order; (m) is defamatory, disparaging, rude or insulting towards any person or organisation or which is capable of harming the reputation of any person or organisation; (n) contains, alludes to or describes any sexually explicit material, or which redirects users to such content; (o) incites, encourages, advocates or promotes any illegal activity, or assists anyone in the commission, planning or conduct of any illegal activity; or (p) contains a statement that is likely to be understood by some or all of the members of the public to whom it is published as a direct or indirect encouragement or other inducement to them to the commission, preparation or instigation of acts of hatred, violence or terrorism. Actions we may take in relation to uploaded content 7.1 We reserve the right to take any action whatsoever that we deem appropriate in respect of any suspected or actual breach of this User Content Agreement. Such action may include: (a) issuing you with a warning in respect of your non-compliance with the terms of this User Content Agreement; (b) suspension or termination, without notice, of your right to use our website; (c) modification or removal of any content uploaded by you; (d) disclosure of your identity to any third party where that third party (or their representative) makes a complaint to us relating to content uploaded by you, and it appears to us that the content uploaded by you constitutes a violation of their or any other person’s intellectual property rights, privacy rights or any other rights; (e) disclosure of your identity, any content uploaded by you and any other relevant information to the police or any other law enforcement authority in the event that we deem this to be reasonable, necessary or otherwise required or permitted by law; (f) commencing legal proceedings against you for all expenses that we incur because of any breach by you of this User Content Agreement; or (g) any other or additional action that we deem appropriate in the circumstances. 7.2 YOU HEREBY HOLD HARMLESS AND INDEMNIFY US FROM AND AGAINST ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REPUTATION OR GOODWILL, AND ANY OTHER SECONDARY OR CONSEQUENTIAL LOSSES), PENALTIES, COSTS (INCLUDING PROFESSIONAL AND LEGAL COSTS ON A FULL INDEMNITY BASIS) AND EXPENSES SUFFERED OR INCURRED BY US ARISING FROM, IN CONNECTION WITH OR RELATING TO ANY BREACH BY YOU OF THIS USER CONTENT AGREEMENT OR OUR TERMS OF USE OR ANY ACTION BROUGHT AS A CONSEQUENCE OF ANY CONTENT BEING UPLOADED BY YOU (INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY CONTENT). 7.3 We shall have no liability to you whatsoever for the consequences of any action we take in response to any breach by you of the terms of this User Content Agreement, our website terms of use, or any other document, laws or regulations governing your use of our website. No responsibility for user-generated content Some parts of our website may contain content and materials that have been uploaded by other users. Any such content is owned by or licensed to the users who uploaded the material, or owned by other third parties and has not been approved by us. We make no representations and provide no warranties whatsoever in respect of any such user-generated content, and have no obligation to monitor or review any such content. Any opinions or views contained in any user-generated content may describe the opinions and views of the users who uploaded it and/or the views of third parties and not our own views, opinions, positions or values. Accordingly, we do not endorse any opinions, advice or recommendations contained in any user-generated content. Viruses and other harmful content 9.1 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or browsing device which you use to access our website. 9.2 You must not upload or otherwise introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious. 9.3 You must not use, whether by yourself or in conjunction with any third parties, any software or technology to attempt to gain unauthorised access to our website, our servers, systems, hardware, software or data, or cause, encourage or entice any third party to do the same. 9.4 You must not perform any denial of service type attack on our website. 9.5 You must not perform any action which would contravene the Computer Misuse Act 1990. 9.6 We may report any breach or suspected breach of this clause 9 (Viruses and other harmful content) to the relevant authorities and may disclose your identity to them. Links to other websites 10.1 We are not responsible for the content of any website(s) accessible via any link(s) on our website from time to time. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related, suitable, appropriate, lawful or accurate. 10.2 Any third party website accessible via a link on our website may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third party website linked to from our website or how such third parties may use your personal information, and we disclaim any and all liability in respect of the same. You must check the privacy policy of any such third party to establish how they may use your personal information before you decide to use their website and its features. Links to our website 11.1 Where you have obtained our consent to link to our website: (a) you may provide links to our website on other websites owned by you, provided that such websites and the use of any links to our website comply with these Terms of Use; (b) wherever you post a link to our website on any other website, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and (c) you must not link to our website in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent. 11.2 We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and inform you of the same, you must immediately remove or cause to be removed any links to our website. Conflict The terms of this User Content Agreement shall prevail over any other terms which may conflict with them, including any terms in our Terms of Use, privacy policy or cookies policy. Severance In the event that any term of this User Content Agreement is found by a court of competent jurisdiction to be void, invalid, illegal, unenforceable or non-binding, it shall be modified to the minimum extent necessary to make it valid, legal, effective and binding, giving effect to the purpose of the original term to the maximum extent possible. In the event that such modification of the term is not possible, it shall be deleted from this User Content Agreement. Where a term is defective only because of a partial term, sub-clause or part-provision of a term, and such modification is not capable of remedying the defect, that defective partial term, sub-clause or part-provision alone shall be deleted. No deletion of any term or partial term, sub-clause or part provision under this clause shall affect the validity of the remainder of this User Content Agreement or any other terms contained herein. Assignment 14.1 We may assign, transfer or otherwise deal with, in any way whatsoever, any of our rights and obligations under this User Content Agreement. We may need to do this, for example, if we sell part or all of our business, in order to obtain credit from a third party, where we engage subcontractors, or in connection with the enforcement of our rights. Where we do assign, transfer or otherwise deal with our rights and obligations under this User Content Agreement, we will try to give you notice of such action. 14.2 You may not assign, transfer or otherwise deal with, in any way whatsoever, any of your rights and obligations under this User Content Agreement. Waiver Any failure to exercise or delay by us in exercising any of the rights or remedies that we may have under this User Content Agreement or otherwise shall not constitute a waiver of those rights or remedies, or any other rights or remedies that we may have against you or any other person at any time. Any exercise of our rights and remedies under this User Content Agreement or otherwise shall not restrict us in any way from the further exercise of those same rights or remedies, or any other rights or remedies that we may have against you or any other person at any time. Third party rights Save and except as expressly provided in this User Content Agreement, no person other than a party to this agreement shall have any rights or remedies (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) in respect of this User Content Agreement. Reservation of rights The rights and remedies arising under this User Content Agreement are in addition to any rights and remedies arising under law. Governing law and jurisdiction 18.1 This User Content Agreement, any documents referred to in it, and any disputes arising from or in relation to it, whether contractual or not, shall be governed by and construed in accordance with English law. 18.2 The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to this User Content Agreement or any documents referred to in it. Copyright, credit and logo 19.1 The copyright in this User Content Agreement is either owned by, or licensed to, us and is protected by copyright laws around the world and copyright protection software. All intellectual property rights in this document are reserved. 19.2 This User Content Agreement is based on a General Data Protection Regulation (Regulation (EU) 2016/769) (“GDPR”) compliant template provided by GDPR Privacy Policy. For further information, please visit www.gdprprivacypolicy.org 19.3 Where we display the GDPR Privacy Policy logo on our website, this is used to indicate that we have adopted a privacy policy template provided by GDPR Privacy Policy as the basis for this Privacy Policy.





Powered by SmugMug Log In