Agreement
These Terms and Conditions of use constitute a legal agreement between you and Warwick Sweeney Photography Ltd. ("Warwick Sweeney Photography"). This Agreement ("Agreement") is to be read in its entirety prior to using this website further, or downloading an image. By clicking on the "Proceed to checkout" button you indicate that you have read these Terms and Conditions and the Licence Agreement and that you agree to be bound by the terms and conditions of these Agreements.
Ownership of Website
This website is owned and operated by Warwick Sweeney Photography Ltd. The Content of this website is owned by Warwick Sweeney Photography Ltd and its content providers. This website and the contents are protected by copyright and other laws relating to intellectual property rights. This website or its Contents may not be copied or retranslated via any means whatsoever, and this website and its Content shall remain the exclusive property of Warwick Sweeney Photography in its entirety. You shall indemnify Warwick Sweeney Photography against any loss, expense, cost or damage which may rise as a result of your breach of the terms of this Agreement, or your unauthorised use of the Content.
Privacy Policy
Warwick Sweeney Photography respects your rights to privacy. In order to fulfil licensing transactions we will require certain information such as your name, address, phone number and credit card number. Provision of such information indicates that you agree to allow us to use this information to process your order and to disclose such information to any necessary payment processor. Such data may pass through any country, due to the nature of the internet.
Email and Address
We may send you information on special promotions and other specific information about Warwick Sweeney Photography which may interest you by using either the email or mailing address provided by you on the registration or billing information screen. If you do not wish to receive any such information, please follow the instructions in any mail you are sent to unsubscribe from our list. We will not share any information about your company, including email and mailing addresses, with any third party other than necessary payment processors.
Disclaimers
This website and its contents are provided as displayed on screen. Warwick Sweeney Photography excludes to the fullest extent by applicable law and warranty, express or implied, including and without any limitations, any implied warranties of satisfactory quality or fitness for any particular purpose. The functions of this website are not warranted to be without error or uninterrupted.
Warwick Sweeney Photography and its directors, employees, content providers, affiliates or other representatives shall not be liable for damages of any kind whatsoever, including, without limitation, loss of profits, direct, indirect, consequential, special, exemplary, punitive or incidental damages, arising out of your use of, or inability to use, this website, or the functioning of this website or Content irrespective of whether or not we have been advised of such possible damage.
Warwick Sweeney Photography takes all reasonable care to ensure the accuracy and reliability of the Content, but makes no representations or warranties as to such accuracy or reliability. Warwick Sweeney Photography shall not be liable for any loss or damage suffered by the client or any third party arising from any defect in any image or its caption, or in any way from its reproduction.
Governing Law
This Agreement shall be subject and construed according to the English Law and parties agree to accept the jurisdiction of the courts of England, whose courts shall be the courts of sole jurisdiction in relation to this Agreement.
Unless given in writing, no action of Warwick Sweeney Photography may be construed as waivering or amending these Terms and Conditions of Use. This Agreement may not be varied except by an instrument in writing signed by all the parties to this Agreement.
Warwick Sweeney Photography reserves the right to amend these Terms and Conditions of Use, and the content of this website including licence terms, pricing, captions and any other information without notice.
One fee, many uses
Warwick Sweeney Photography images may be used virtually anywhere, in any medium and at any time, once you have purchased a licence. However, pornographic, defamatory, libellous or otherwise unlawful use of any image is strictly prohibited at all times and in any medium.
Warwick Sweeney Photography images may be reproduced and/or distributed on a world-wide, perpetual basis.
Warwick Sweeney Photography requests that a credit "copyright Warwick Sweeney Photography Ltd." appears next to any image reproduced, or within the credits page of any book or screen.
Royalty Free Licence
This Agreement is made on the day of purchase between Warwick Sweeney Photography Limited ("Warwick Sweeney Photography") and you, the user ("the Licensee"). In consideration of the Licensee paying the agreed licence fee and in consideration of being bound by the terms and conditions contained in this legal Agereement, Warwick Sweeney Photography grants you a non-exclusive, non-transferable right to use any Image obtained from Warwick Sweeney Photography on your personal computer.
Warwick Sweeney Photography provides images 'as is', and makes no warranty, either express or implied of merchantability or fitness for purpose, type or quality of image or compatibility with any other facility.
The Image may be used on a world-wide basis for:
- Advertising and promotional products
- Trade show displays, posters & exhibits
- Packaging (CDs, videos, cassettes, etc)
- Publications (electronic or print)
- Any products (calendars, greeting cards, posters, etc)
- Website, online & multimedia designs
- Broadcasts
- Personal, noncommercial use
- Presentation to clients
- Layout design
Limitations and Restrictions
Pornographic, defamatory, derogatory, libellous or blasphemous or otherwise unlawful use of any image is prohibited. Nothing may be inserted, superimposed, transposed, or added to the said Image, nor may it be altered in any way which may be construed as pornographic, defamatory, derogatory, libellous, or blasphemous. No part of any image may be combined with other images so as to create a new image which may be considered pornographic, defamatory, derogatory or libellous or blasphemous.
An Image may not be resold, sublicensed or made available in any other way separately or detached from a product or web page. For example, an Image may be used within a web page design, but may not be downloadable separately.
One single copy of the Image may be made for backup up purposes only, and may only be used if the original Image becomes defective or irretrievable.
Warwick Sweeney Photography reserves the right to withdraw any Image from its collection, and may choose to replace such an Image. Upon notice of such withdrawal of licence of a particular Image, you agree not to use the Image in the future.
Images are not licensed to be used in a downloadable or FTP format.
Warwick Sweeney Photography shall not be liable for any damages whatsoever, whether direct or indirect, arising out of the use if its Images.
Warranty
Warwick Sweeney Photography warrants that the digital copy of the image downloaded by you is free from defects in material and workmanship for thirty days from delivery. Any breach in the aforementioned warranty will be corrected by either a single replacement of the digital copy of the Image, or a refund of the purchase price at Warwick Sweeney Photography's discretion.
Warwick Sweeney Photography warrants that to the best of Warwick Sweeney Photography's knowledge the Images represented are not defamatory or blasphemous, and they do not infringe any rights of copyright or other intellectual property rights of any third party. However, if any image is found to be defamatory or blasphemous, or an infringement of any third party rights, no right of action shall accrue against Warwick Sweeney Photography.
Warwick Sweeney Photography warrants that all images are fully model released, but that this permission relates only to activities and uses permitted by the terms of this Agreement. No claim can be raised against Warwick Sweeney Photography for the use of these images and no liability can be attached to Warwick Sweeney Photography for any acts, omissions or failures on the part of the Licensee to comply with the terms of this Agreement.
Warwick Sweeney Photography makes absolutely no other warranty, express or implied, about the suitability of any Image for any purpose.
Warwick Sweeney Photography shall not be liable for any general, direct or indirect, consequential, incidental, or other damages arising out of this licence or any use of any Image.
This Agreement shall be subject and construed according to the English Law and parties agree to accept the jurisdiction of the courts of England, whose courts shall be the courts of sole jurisdiction in relation to this Agreement.