TERMS AND
CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS SITE AND RELATED
SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS DESCRIBED
HEREIN AS WELL AS ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
BY USING THIS SITE OR ANY OF ITS SERVICES YOU AGREE TO BE BOUND BY THE TERMS
DESCRIBED. IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE THIS WEB SITE
OR SERVICES TO PROMOTE SALES AND DO NOT MAKE ANY PURCHASES. USE OF THIS SITE IS
AT YOUR SOLE RISK.
OVERVIEW
This web site was launched with the intention of providing an opportunity for
photographers to upload their own event images and share them with event participants.
Images are made available in electronic format and the photographer has the
option of sharing files free of charge or for a pre-determined price.
Photos,
descriptions and prices are provided by users that upload their own images and
therefore the quality of uploaded images as well as information supplied will
vary according to subscriber abilities, skills, equipment and preferences. An
indication of the final image quality can be established by viewing the
available watermarked image as well as the picture file information included
with the photo (the photographer may also provide additional supporting
information). For reasons of practicality, images that are for sale can only be
viewed and downloaded in full after making the relevant payment. Purchases must
be made solely on the basis of the information provided on the site, no refund
will be offered if these conditions of sale have been met. This website acts
solely as an interface between photographer and interested parties, as a
consequence spectator-photos does not take responsibility for the uploaded
images (content and quality) or related descriptions. This site may reference
links to supporting services that offer prints of images or other services.
These service providers operate as independent enterprises with separate terms
& conditions. Site management assume no responsibility for, and make no
warranty or representations as to the accuracy, reliability or usefulness of
content or products made available by service providers through this site. Any
questions or issues regarding products or services by these parties must be
raised directly with the parties concerned.
COPYRIGHT
The copyright of all images on this site remain the
property of the image owner, normally the photographer. Anybody uploading
images to this site for free display or for sale must have the express
permission to do so by the copyright holder. Digital images downloaded and/or
purchased from the site are intended for personal use. Authorisation for this
restricted use is granted by the copyright holder (the photographer) as a
condition of using this website. This means that downloaded images can be
reproduced as often as required for personal use (prints, t-shirts, personal web pages, etc) but
cannot be sold, or offered for sale as pictures or as images on items sold. If
an image is required for commercial purposes the permission of the image owner
/ copyright holder must be granted in advance. This can be requested initially
from Spectator-Photos site management who will in turn contact the registered
site user for their permission. Without express permission from the copyright
holder the use of these images for commercial purposes is strictly forbidden.
By using
this website and posting images, as a condition of use, copyright holders grant
spectator-photos a perpetual, nonexclusive, royalty-free right to use, publish,
distribute, reproduce, perform, adapt and display content on the website,
including the right to use the supplied title and information. This also
includes permission to retain backup copies indefinitely and transfer images to
customers according to the website purchasing terms. In addition permission is
granted by the copyright holder to allow the use of images, as displayed on
this website, to be used on other websites on condition that size is restricted
and that it carries a spectator-photos credit link back to the site. The
copyright holder hereby also grants authorisation for digital images obtained
from this site (according to the purchasing terms) to be used by the press
subject to the image carrying a web site credit and having a single use limit
applied. Permissions required in addition to those stipulated must be agreed in
advance with the copyright holder, who can be contacted via web site
management.
Spectator-photos
website management will endeavour to protect unsold images from full public
access by using size restrictions and watermarking, as deemed applicable. Files
will be passed on to customers when purchasing terms have been met. The
purchasing price is prescribed by the user and added to the photo description
page when it is uploaded by the user. Photos uploaded by users that are not
registered or logged in, and photos that are classified as "free",
will not be protected and will be available to viewers to download without
additional permission, website terms of use (non-commercial) and copyright
restrictions are still applicable to these images as well as all watermarked images.
In instances where copyright terms of images from this website are violated, including but not limited
to the use of watermarked images as displayed on this website that are used for other purposes such as
on social networking sites and commercial use of images, it is the owner of copyright's responsibility to
take any action against the perpetrator, legal or other. Website management will not take any action on behalf
of the copyright holder or become involved in such disputes unless it specifically establishes that is in the
interest of the website to do so. These website Terms and Conditions can be referenced by the copyright owner
as supporting information in instances where infringements are challenged.
It is the user's
responsibility to ensure that the correct price is applied to the photo.
Website management cannot be held accountable for lost potential earnings if
unprotected photos are unintentionally accessed by website users that do not
make the correct payment, if this occurs as a result of unintentional
administrative error, software failure or criminal behaviour.
PRIVACY
STATEMENT
User data stored on this website is restricted to user name and contact email.
We will not pass on this information to any third parties without express
permission of the user and we will not send mail for communications that are
not important or relevant to the operation of this website.
This
website uses "cookies", which are text files placed on your computer,
to enable functionality of the website (e.g. saving shopping basket ) and
tracking website users using marketing links to other promoted websites. The
information generated by the cookie about your use of the website (including
your IP address) will be transmitted to and stored on hosting servers in the
United States . Spectator-Photos will use this
information for the purpose of web functionality and traffic monitoring to the
promoted sites. Spectator-Photos may also transfer this information to third
parties where required to do so by law, or where such third parties process the
information on behalf of Spectator-Photos. Spectator-Photos will not associate
your IP address with any other data held. You may refuse the use of cookies by
selecting the appropriate settings on your browser, however please note that if
you do this you may not be able to use the full functionality of this website.
By using this website, you consent to the processing of data about you by
Spectator Photos in the manner and for the purposes set out above.
Financial
transactions are conducted using Paypal services
and therefore any related financial transaction information is used and stored
on the Paypal secure systems beyond the control of
this website. Paypal have their own
terms and conditions and these need to be agreed ahead of any financial
transaction. Individual event participant information is, in general,
restricted to competitor number that is visible in the photograph but may also
include other publicly available event related details. Information that is
displayed with the photograph is added at the discretion of the user uploading
the images and therefore the image owner takes sole responsibility for content
and accuracy of information displayed. Most events such as road races are held
in public locations and there are not usually restrictions concerning taking
photographs, Website management are not aware of any legal reasons that photos
cannot be taken or posted on this website however it is ultimately the
responsibility of the photographer to establish if specific laws are applicable
that restrict taking and publishing photographs. Photographs taken in private
locations may be subject to restrictions and special consideration should be
taken to ensure that laws are adhered to. If there are concerns or objections
about published photos, or people appearing in photos on the web, then website
management can be advised by clicking on the 'report image' button when the
picture is displayed (top) and sending a request to remove the image with the
reasons. Alternatively website management can be contacted by email
(webmaster@spectator-photos.com) with details of the image in question and the
reasons for removal. This also applies to concerns about images containing
pictures of children that cause concern to parents, guardians or officials.
Website management reserve the right to remove images without consent of the regisered user (image owner).
AMMENDMENTS
Spectator Photos reserves the right to change or modify these Terms and
Conditions or referenced guidelines at any time at its sole discretion. Changes
or modifications will be effective immediately after the revisions are posted.
Continued use of the site constitutes acceptance of the changes therefore
frequent review of the terms of use is highly reccommended.
If you do not agree with any changes stop using the website and services
immediately and do not make any purchases.
INFRINGEMENT
User access to the website is at the sole discretion of website management.
Infringement of the terms and conditions above, behaviour deemed unacceptable,
users who infringe any intellectual property rights of others or any illegal
activity will result in refusal of access and suspension of account.
Pornographic material of any kind is prohibited from being displayed on this
Web site. Material that may in any matter violate any law, regulation, or
treaty, or infringes on the rights of any third party must not be uploaded or
transmitted on this site. Defamatory, fraudulent, obscene material,
or material that may harass or abuse others is not permitted. It is not
permissible to transmit or post any materials that can be harmful to the
security or integrity of the website or any of its users, including but not
limited to materials such as viruses, software programs, or worms. It is not
permitted to access accounts that they are not authorised to access. It is not
permitted to misuse, transfer, sell, or otherwise disclose private information
provided by other subscribers or visitors. It is deemed unacceptable behaviour
to interfere with other subscribers’ or visitors’ use and enjoyment of the
website services. It is not permissible to modify, adopt, or hack the website
or modify any other website so as to falsely imply or make it appear that the
website is associated with this website. Spam mailing site members and posting
of information known to be false is prohibited.
As a site
user you expressly agree that use of this site, including all content, data or
software distributed, downloaded or accessed from the site is done so at your
sole risk, including authorised or unauthorised material from other site users.
You understand and agree that you will be soley
responsible for any damage to your business or computer system (including loss
of data) that may result from the download of such content, data or software.
ACCOUNT
ACTIVITY AND PAYMENT FOR PHOTOS
As an account user you shall remain solely liable for the content
of any messages or other information you upload or transmit to
Spectator-Photos. You agree to indemnify and hold Spectator-Photos harmless
from any claim, action, demand, loss or damages (including legal fees) made or
incurred by any third party arising out of or relating to your conduct, your
violation of this end-user agreement, or your violation of any rights of a
third party. By registering with this site, you appoint Spectator-Photos as
your agent to process photo sales on your behalf according to the standard
website sales process described herin. Subject to the terms and restrictions of this Agreement.
Spectator-Photos will at all times hold your funds separate and will not use
your funds for its operating expenses or any other operational purposes, and
will not voluntarily make funds available to its creditors in the event of
bankruptcy or for any other purpose.
Site
management reserve the right to hold funds beyond the normal holding period to
ensure integrity of the funds if it identifies suspicious account activitiy and shall not be held responsible for payments
made to unintended recipients or for payments made in incorrect amounts due to
the input of incorrect information by users or unauthorised / illegal account
activity. Spectator-Photos shall not be obligated to pay a user any amounts for
which Spectator-Photos has not been fully paid by the website end customer.
Information
about account holder photos sold and the earnings is posted in the "user
profile" of the account holder. This information is updated regularly, however there may be a delay between the time the
purchase is made and the posting of this information. Earnings are available 14
days after customer payment has cleared. Payments to users will be made using Paypal facilities (unless an alternative payment
method has been specifically agreed) so it is necessary for the user to open an
account before requesting payment of earnings (users can still sell photos
before opening a Paypal account but do not have a
means of claiming their earnings). It is important that the email used in
conjunction with the Paypal account corresponds to
the email registered on this site. Payments to users will only be made when
account balances have exceded 50 GBP (or equivalent) or after a minimum
of 6 months has lapsed since the last payment, the user is responsible for
additional transfer fees that may be imposed by Payapl
for withdrawing funds. If a user account remain inactive for a period of 12
Months the account will be suspended, it can be re-opened on request to site
management however earnings not claimed from an inactive account may be
forfeited after a 24 month period of account inactivity. It is the account
holder's responsibility to maintain a valid email address and the account
holder hereby specifically agrees that the email address registered with the
account can be used as the sole means of communication with the user, in
addition to generic messages posted on the website. Website management reserves
the right to impose limits on site sales volumes and freeze or suspend any
account in the system for an indefinite period if there is suspicion of any
illegal activity taking place or for any other reason whatsoever.
LIMITATION
OF LIABILITY
By using this site you agree to indemnify and hold harmless
spectator photos, website management, affiliates, service providers, suppliers
and agents from any breach of the conditions and terms of use or violation of
any representations or warranties contained in this agreement. You further
agree to indemnify and hold spectator photos harmless from any claims arising
out of or relating to any materials that you submit or post on this website, or
from any claims arising out of misuse of information provided to you by other
subscribers or visitors.
Spectator-Photos
has taken reasonable steps to ensure correct site functionality, accuracy and
completeness of the content shown on this site to ensure that the user doesn't
suffer any loss or damages as a result of the use of this site. Spectator-Photos
assumes no responsibility for any damages suffered by a user, including but not
limited to, loss of data from delays, nondeliveries
of content or email, errors, system down time, misdeliveries
of conent or email, network or system outages, file
corruption or service interruptions caused by negligence or site user errors or
ommissions. Spectator-Photos disclaims
any warranty or representation that confidentiality of information transmitted
through this web site will be maintained. Under no circumstances are site
management liable for any direct, incidental, special, consequential or
punitive damages arising from or in connection with the use or inability to use
this site or any content provided through this site, or resulting from unauthorised
access to or alteration of account information. including
but not limited to damages for lost profits, use, data or other intangibles,
even if site management has been advised of the possibility of such damages or
risk. It is the user's responsibility to ensure that username and password are
used responsibly and site management assumes no liability in connection with
any actions taken by an individual using your username and password without
your consent or knowledge or any cause which site management do not have direct
control, including, but not limited to, problems attributable to computer
hardware or software (including computer viruses).
Spectator-Photos
shall have no liability in connection any photos, products, or otherwise,
purchased or used as a result of the use of this site. It is expressly
understood that the user is aware that Spectator-Photos provides a service to
bring buyer and seller of images together and accepts no responsibility for the
quality, suitability, legality or otherwise of the product purchased as a
result of using this site. It is expressly expected that sellers of images are
the ligitimate owners of copyright with full legal
right to sell the images in line with the terms and conditions expressed herin. Spectator-Photos shall not be liable for any fraud,
deception or misrepresentations by users of the service in any capacity
whatsoever, or consequential damages resulting from such illegal activity,
including the sale of images by parties that are not the legal owners or copyright
holders. Where jurisdictions do not allow the limitation or exclusion of
liability for incidental or consequential damages liability is to be limited to
the fullest extent permitted by law.
FEES
& TAXES
Registering on Spectator-Photos website is free, additional (optional) features
may be charged and the cost of these features will be communicated on request.
An administrative fee of 15% is deducted from the earnings from photo sales.
This fee is to cover the administrative costs for running the website as well
as covering the costs of financial transactions by credit cards, paypal transactions, etc. No charges or deductions are made
for payment of local tax, it is the registered user's responsibility to assess
their responsibility to pay any government taxes due on their earnings, declare
and make any necessary tax payments. Spectator photos website acts as a
platform and intermediary for photo sales and is not the direct seller. Website
fees may be ammended at any time at the sole
discretion of website management
CHILDREN
Spectator-Photos does not sell photos or products offered for sale by children,
or sell photos, products or services to children. If you are under 18, you may
only use spectator-photos website with the involvement of a parent or guardian.
SECURITY
It is the user responsibility to ensure that account details are kept
confidential. Website management cannot be held accountable for losses
resulting from un authorised account access or other
illegal activities. The site user is responsible for understanding that
security relies heavily on the use of a username and password and undertakes to
contact site management immediately that there is a risk that username and/or
password have been compromised, or if someone has requested a payment from your
account without your permission.
OTHER
You agree that any materials other than uploaded photographs, including but not
limited to questions, comments, suggestions, ideas, plans, notes, drawings,
original or creative materials or other information provided by you in the form
of email or submissions to Spectator-Photos, or postings on this site, are non
confidential and shall become the sole property of Spectator-Photos. Site
management shall own exclusive rights, including all intellectual property
rights, and shall be entitled to the unrestricted use of this material for any
purpose, commercial or otherwise, without acknowledgment or compensation to
you.
Site
management reserves the right, without notice and in its sole discretion, to
terminate your right to use this site, delete any user details and posted
content, and to block or prevent future access to and use of this site. This
includes but is not limited to users that post spam,
advertising, non relevant or inappropriate material. Website management may
also amend or delete usernames or other user postings that are deemed to be
offensive, illegal or that falsely create the impression that the user
represents a commercial entity or brand.
If any
provision of this user agreement is held to be invalid, void or for any reason
unenforceable, then that provision shall be deemed severable
from this end user agreement and shall not affect the validity and
enforceability of any remaining provisions.