PhoEx Ltd (UK) and Photo Experience Limited (Ireland) (“Photo Experience”, “we”, “our”, or the “Company”) welcomes our website visitors (the “Visitors” and “Website”), Customers who wish to use the Photo Experience Services for their Event(s) (the “Customer”) and Customers’ End User(s) who attend Customer’s Events and wish to use the Photo Experience Services (“End User“)(The Customers, End User, and visitors are also referred to collectively in this document as “User” , “you” and “your”).
These Terms of Service are a legally binding contract between you and Photo Experience regarding your use of the Service. By entering, connecting to, accessing or using the Service (as defined below), you acknowledge that you have read and understood the following terms and conditions, including the terms of our Privacy Policy available at www.wearephotoexperience.com/privacy which describes our policy and practices with respect to our Users privacy, including without limitation, the type of information collected by Photo Experience (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Service and you acknowledge that these Terms constitute a binding and enforceable legal contract between Photo Experience and you. If you do not agree to our terms, please do not enter or access our service in any way. By acceptance of the Terms, you represent that all information you provide us through the Service is true and accurate. The provision of any false or fraudulent information is strictly prohibited.
THE SERVICE
The Photo Experience services provide a photography system which allows End Users to find, view and obtain their photos taken in events organized by the Customer (“Events”)
Our website provides you with information and resources about our Services and any other content related thereto (including contact information, videos, text, logos, images, related graphics and other features). In addition, you may choose to contact us through the Website in order to request additional information, by contacting us by email you hereby elect to provide us certain User information
Our customers agree that Photo Experience acts as a service provider, and the customer is solely responsible for obtaining and maintaining consent from the end users and all individuals that appear in the photographs in which they share or take whilst using the service
You may be prompted to provide us with some information (such as your e-mail address) (collectively, the “End User Account”). Such email address may be used in order to send you notification. You agree that the information you provide to us is accurate and complete and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your End User Account. You agree to accept responsibility for all activities that occur under your End User Account. If you have reason to believe that your End User Account is no longer secure, then you must immediately notify us at support@wearephotoexperience.com.
USER REPRESENTATIONS AND UNDERTAKINGS
You represent and warrant at all times throughout your use of the Website and/or the Service that: 1, you have full authority to agree to these Terms, and there is no restriction, limitation, contractual obligation or statutory obligation which prevents you from fulfilling your obligation under this Agreement; 2, Customer has obtained, maintained, and has received informed consent from all of your End Users and shall be solely responsible and liable for the maintenance of such consents; 3, you are in compliance with all applicable laws, rules, and governmental (state, local, and community) and regulatory levies and requirements relating to you and the Service; 4, you will comply with all applicable international, national, state, regional and local laws and regulations in marketing, including, without limitation and where applicable, laws, regulations and directives applicable to the processing of personal data and on the free movement of such data, the protection of privacy and anti-Spam laws and regulations; 5, your media is in compliance with all applicable laws and does not contain or promote, nor link to, other websites that contain libellous, defamatory, abusive, violent, prejudicial, obscene, infringing, sexually explicit or illegal content; 6, All Customer’s Content (as defined below) does not infringe on any intellectual property rights, rights of publicity, privacy or data protection rights of any third party and are not defamatory, vulgar, pornographic or obscene; 7, you do not and will not authorize a third party to do any of the foregoing; 8, you will not infringe or violate any of the Terms.
USE RESTRICTIONS
There is certain conduct, that is strictly prohibited on and/or with respect to the Website and/or the Service. Your failure to comply with the provisions set forth below may result (at Photo Experience’s sole discretion) in the termination of your access to the Website and/or the Service and may also expose you to civil and/or criminal liability. You may not, whether by yourself or anyone on your behalf: 1, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble the Service (or any part thereof); 2, use the Service and/or in connection with any spam, unsolicited mail, harassment, wire fraud or similar conduct; 3, interfere with or violate any other User or other third party’s right to privacy or other rights including intellectual property rights, or harvest or collect personally identifiable information about any Users of the Service without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; 4, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; 5, transmit or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; 6, interfere with or disrupt the operation of the Service, or the servers or networks that host the Service, or disobey any requirements, procedures, policies, or regulations of such servers or networks;7, sell, license, or exploit for any commercial purposes any use of or access to the Service; 8, frame or mirror any part of this Site without Photo Experience’s prior express written authorization; 9, create a database by systematically downloading and storing all or any of the content from the Service; 10, transfer and/or assign the End User’s account, even temporarily, for a third party; 11, use the Service for any illegal, immoral or unauthorized purpose; 12, use the Service for non-personal or commercial purposes without Photo Experience’s express prior written consent.
CUSTOMER’S CONTENT
Customers may share and give access to Photo Experience to their and their End Users’ information, photos, images, data, text, and other types of works (collectively, “Customer’s Content”) and to publish Customers Content on the Service. Please ensure that when you use the Service, you respect the proprietary rights including any intellectual property and privacy rights of third parties who have any rights with respect to the Customer’s Content you uploaded and/or provided to the Service. Photo Experience will not bear any liability for any loss, damage, cost, or expense that you may suffer or incur as a result of or in connection with uploading any Customer’s Content. If the Customer’s Content is subject to the applicable copyright law, such Customer’s Content shall remain at all times, and to the extent permitted by law, your sole and exclusive property. You hereby further acknowledge and agree that the Customer’s Content is nonconfidential. You understand and agree that you are solely responsible for your User Content and the consequences of posting or publishing such Customer’s Content, on the Service, in any way. You hereby warrant that your Customer’s Content is true, current, accurate and complete. You represent and warrant that you are the rightful owner of the Customer’s Content you upload to the Service or that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such Customer’s Content and that such Customer’s Content does not infringe any third party’s intellectual property rights or other rights (including without limitation, any privacy rights, publicity rights, copyrights, or any other intellectual property rights).
You acknowledge and understand that Photo Experience may, at its sole discretion, delete or remove any of your Customer’s Content made available on the Service. You are solely responsible for the storage of your Customer’s Content.
PRIVACY POLICY
Photo Experience respects your privacy and is committed to protecting the information you share with it. Our policy, practices and the type of information collected are described in our Privacy Policy available at www.wearephotoexperience.com/privacy If you intend to connect to, access or use our Services you must first read and agree to the Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
The Service, the Customer’s Content, the design, logos, graphics, icons, images, as well as the selection, assembly and arrangement thereof, Photo Experience’s proprietary software, algorithms and any and all intellectual property rights pertaining thereto, including, without limitation, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs, specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed to Photo Experience, and are subject to copyright and other applicable intellectual property rights under UK and EU laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, emulate, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Photo Experience’s proprietary rights, including Photo Experience’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms. All logos and other proprietary identifiers used by Photo Experience in connection with the Service, (“Photo Experience Trademarks”) are all trademarks and/or trade names of Photo Experience, whether registered or not. All other trademarks, service marks, trade names and logos, which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest to Photo Experience Trademarks and/or to the Third-Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Photo Experience Trademarks or the Third Party Marks and therefore you will avoid using any of those marks, unless expressly permitted herein. You are hereby prohibited from removing or deleting all copyright notices, restrictions and signs indicating proprietary rights of Photo Experience and/or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You are further prohibited from using, diluting or staining any name, mark or logo that is identical, or confusingly like any of Photo Experience marks and logos, whether registered or not.
THIRD PARTY SERVICES
The Service may be linked to through certain third-party websites and other third-party services (collectively, “Third Party Services”). Such Third-Party Services are independent from the Service. You hereby acknowledge that Photo Experience has no control over such Third-Party Services, and further acknowledge and agree that Photo Experience is not responsible for the availability of Third-Party Services and does not endorse nor is it responsible or liable for any goods, services, content, advertisements, products, or any materials available on and/or through such Third-Party Services. You further acknowledge and agree that Photo Experience shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any goods, services, content, products or other materials available on or through any Third-Party Services. Most Third-Party Services provide legal documents, including terms of use and privacy policy, governing the use of each such Third-Party Services, their contents and services. We encourage you to read these legal documents carefully before using any such Third-Party Services.
THIRD PARTY COMPONENTS
The Service may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third-Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail only in connection with the related Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the Service and Photo Experience disclaims all liability related thereto. You acknowledge that Photo Experience is not the author, owner or licensor of any Third-Party Components, and that Photo Experience makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third-Party Components. Under no circumstances shall the Service or any portion thereof (except for the Third-Party Components contained therein) be deemed to be “open source” or “publicly available” software.
AVAILABILITY
The Service availability and functionality depends on various factors, such as communication networks software, hardware, and Photo Experience’s service providers and contractors. Photo Experience does not warrant or guarantee that the Service will operate and/or be always available without disruption or interruption, or that it will be immune from unauthorised access error-free.
CHANGES TO THE SERVICE
Photo Experience reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Service (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion. In addition, you hereby acknowledge that the Content provided under the Service may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Photo Experience shall not be liable to you or to any third party for any modification, suspension, or discontinuance of our Service.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Photo Experience and any affiliates of Photo Experience from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising directly or indirectly from: 1, your use of the Service (or any part thereof); 2, breach of any term of these Terms by you; 3, any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of (or inability to use) the Service; 4, your violation of any third party intellectual property rights, privacy rights or other rights through your use of the Service or provision of information to the Service (including but not limited to obtaining consents from the requisite parties); and, 5, your violation of any applicable law or regulation.
AMENDMENT OF TERMS
Photo Experience may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy at: www.wearephotoexperience.com. Substantial changes of these Terms will be first notified on the Service. Such substantial changes will take effect seven (14) days after such notice was provided on any of the abovementioned methods. Otherwise, all other changes to these Terms are effective as of the stated “Last Updated” date and your continued use of the Service after the Last Updated date will constitute acceptance of, and agreement to be bound by, those changes. Please note that if the Terms should be amended to comply with any legal requirements, such amendments may take effect immediately and without any prior notice, as may be required by law.
TERMINATION OF SERVICE
At any time, Photo Experience may block your access to our Services and/or temporarily or permanently limit, suspend or terminate your access to the Service, for any reason, at its sole discretion, in addition to any other remedies that may be available to Photo Experience under any applicable law. Such actions by Photo Experience may be taken if Photo Experience deems that you have breached any of these Terms in any manner. Additionally, Photo Experience may at any time, at its sole discretion, cease the operation of our Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Photo Experience does not assume any responsibility with respect to, or in connection with the termination of our Service’s operation and loss of any data.
MISCONDUCT AND COPYRIGHT AGENT
We care for your safety and well-being. If you believe a User, including Third Party Providers, acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behaviour ore content, please report immediately such person to the appropriate authorities and to us. Photo Experience respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: 1, a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; 2, a description of the copyrighted work that you claim has been infringed; 3, a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information sufficient to permit the Company to locate the material (including URL address or screen capture of such infringing activity); 4, information so that the Company can contact you, such as address, telephone number and email address; 5, a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6, a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached at support@wearephotoexperience.com.
GENERAL
These Terms do not, and shall not be construed to create any partnership, joint venture, employer- employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Service or use of the Service will be governed by and interpreted in accordance with UK and EU law, without reference to its conflict-of-laws principles. You may not assign, sublicense or otherwise transfer any or all your rights or obligations under these Terms without Photo Experience’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Photo Experience relating to the subject matter herein and supersedes all prior or contemporaneous written or oral agreements or understandings between you and Photo Experience. Notices to you may be made via email or regular mail. Our Service may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
CONTACT
If you have any questions (or comments) concerning the Terms or the Service, please email support@wearephotoexperience.com or use the terms contact form below, and we will try to reply within a reasonable timeframe. By contacting us, you represent that you are free to do so and that you will not knowingly provide Photo Experience with information that infringes upon third parties’ rights, including any intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, all rights, including intellectual property rights in such information provided, shall belong exclusively to Photo Experience, and Photo Experience may use or refrain from using any such information at its sole discretion.
