Websites For Photographers - Terms and Conditions

Definitions

'Us', 'We', 'Our' means Websites For Photographers or Dacan Internet Limited
'Website', 'The System' means www.websites-for-photographers.co.uk
'Member/s', 'User/s', 'client', 'You' means any individual registered with Us.

1 GENERAL

1.1 This page, together with the documents referred to on it sets out the terms of use for the website www.websites-for-photographers.co.uk services. Please read these terms carefully before you start to use the Websites For Photographers site. By using the Websites For Photographers service and by registering as a member, you accept these terms of use and you agree to be bound by them. If you do not agree to these terms of use, please refrain from using the Websites For Photographers service.

1.2 The Websites For Photographers site is operated by Dacan Internet Limited, 16 Grosvenor Road, Swinton, Manchester, M27 5EG.

2 ACCESSING THE Websites For Photographers SITE

2.1 Some parts of the Websites For Photographers website are public and accessible at all times without registration or the requirement to login to an account. However, in order to utilise the system to create a website, registration is required. Access to this part of the Websites For Photographers site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Websites For Photographers site without notice.

2.2 Websites For Photographers will make all reasonable endeavors to ensure that any materials you post on the Websites For Photographers site are available for others to view on the internet, so long as your web site has been activated as required and outlined in our 'Service to Members' section below. However, due to the nature of the internet, we cannot guarantee 100% uptime on the Websites For Photographers site. However, we will perform daily back-ups of all client data both locally and on a remote server to ensure, as far as practicable, that client data is preserved.

2.3 Websites For Photographers will not be liable if for any reason the Websites For Photographers site, or websites created using the Websites For Photographers system, are unavailable at any time or for any downtime of the Websites For Photographers site. Unavailability may be due to maintenance work, in which case we will try to ensure any such downtime is limited and any testing is carried out prior to working on the live system. However, it is possible that unavailability could be due to circumstances beyond our control and as such downtime cannot be quantified.

3 SERVICE TO MEMBERS

3.1 From time to time, we may restrict access to some parts of the Websites For Photographers site to users who have registered with us. This may be due to certain updates, upgrades or maintenance work.

3.2 If you register with Websites For Photographers, or you are provided with a password and login details as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any account, at any time, if in our opinion you have breached these terms of use, or if required to do so by a legal or regulatory authority. If client data is lost or changed due to the client allowing login details to pass to a third party, Dacan Internet Limited/Websites For Photographers will not be held liable.

3.3 As a registered member, you are responsible for ensuring that Websites For Photographers has current and up to date details relating to your contact addresses and your registered account, and that your email system is configured so as to allow Websites For Photographers emails and notifications to be delivered to your inbox.

3.4 Websites For Photographers shall not be liable for any loss, damage, cost or expense suffered by you as a result of any unauthorised use of your login details or password, or for any unauthorised access to any password protected part of the Websites For Photographers site, or any other unauthorised access to your content held by Websites For Photographers.

3.5 The Websites For Photographers service is a software system specifically developed by Dacan Internet Limited to allow individuals/businesses to create their own website and the service allows them to create a website free of charge. Once the website is created a charge, as advertised on the relevant sections of the Websites For Photographers website, will then be required to activate/host the member website on their requested domain name and make it public. Once created using the Websites For Photographers software, the website cannot be transferred to a third party hosting provider. However, should you no longer wish to use the Websites For Photographers service, renew your account or be bound by these Terms and Conditions, Websites For Photographers will undertake to transfer your domain name to a third party provider as outlined in the 'Domain Name Management Service' section below.

4 DOMAIN NAME MANAGEMENT SERVICE

4.1 Websites For Photographers does not currently offer an integrated domain name purchasing service to registered users. When signing up for domain name registration, we will endeavor to purchase your preferred domain name once funds have been cleared by our payment processors. However, Websites For Photographers will not be liable should that domain name already be taken prior to placing the order or if the domain name was purchased by another party in the interim period.

Where you have signed up to the Websites For Photographers service and requested a domain name:

4.2.1 Websites For Photographers will use its reasonable endeavors to manage the purchasing and registration of such domain name on your behalf.

4.2.2 You are responsible for keeping all your contact information accurate and up to date in order that Websites For Photographers can register and manage the domain name(s) on your behalf and service your account. Websites For Photographers shall not be liable for any failure by you to keep such information accurate and up to date.

4.2.3 Websites For Photographers will undertake to purchase one available .co.uk domain name, on your behalf, free of charge so long as we are in receipt of cleared funds for the hosting of your Websites For Photographers website as charged at the time of activation/renewal. Websites For Photographers shall not be liable to purchase or renew any domain name on your behalf unless it is in receipt of cleared funds in respect of such hosting or renewal prior to the date of purchase or renewal.

4.2.4 You are responsible for responding to any notices sent by or on behalf of Websites For Photographers or any domain name service provider relating to management of your domain name(s). Websites For Photographers will not be held liable for any failure by you to provide such information if it results in your domain name lapsing.

4.2.5 At any time, Websites For Photographers may cease its service of managing domain names upon written notice to the email address given by you on registration (as updated by you from time to time). In the event that Websites For Photographers ceases managing your domain name we will, where possible, transfer your domain name to a third party provider of your choice or you will be supplied with an account password and user name in order to manage your own domain name registration and renewal with the third party domain name providers. Should you request transfer to a third party of your choice you will be liable for any transfer fees payable to that third party.

4.2.6 Websites For Photographers will undertake to transfer your domain name to a third party provider, upon your request, for the current fee published on the Websites For Photographers site, subject to there being no outstanding fees or charges to your account. Should you request transfer to a third party of your choice you will be liable for any transfer fees payable to that third party.

4.2.7 From time to time we may introduce special offers which may include free hosting for a set period of time and a free domain name. Where the initial free period expires and the client does not wish to continue to host the website with Websites For Photographers the registered domain name will always remain under our control/ownership for us to do with as we wish until such time as an agreed payment is made. This payment will usually be the cost of initial website activation. Once the agreed payment is received Websites For Photographers will undertake to transfer the domain to a requested registrar although the client will still be liable for any transfer fees requested by this registrar.

4.2.8 Should a client decide not to renew hosting of a Websites For Photographers account, any associated domain name will not be renewed by Us. Any future renewal will be the responsibility of the individual user. Please contact us, following expiry of your account, if you require a domain name to be transferred in order to make a renewal.

5 CONTENT OF SITE

You warrant and guarantee that each image, text, or other materials or content which you submit:

5.1.1 was created by you and is original to you or you have authority of the owner to use such image, text or content and does not infringe any other person's rights and have permission of any individual portrayed in the image to use such image.

5.1.2 does not contain any material which is or is likely to be offensive, indecent, unlawful, obscene, sexually explicit, drug or criminal-related, defamatory, degrading or otherwise unacceptable content or contain any falsehoods or representations that may damage Websites For Photographers, the individual/s featured in the image or any third party.

5.1.3 does not constitute, encourage or display any bullying, violent, abusive, discriminatory or threatening behavior or harassment of any person; and

5.1.4 does not, and is not likely to, give rise to civil or other liability.

5.2 Websites For Photographers shall be entitled to remove or take down any content which it believes is in breach of these terms at any time.

5.3 For the avoidance of doubt, Websites For Photographers shall not be liable for any third party infringement of the intellectual property rights in the content you add. Websites For Photographers will not be responsible, or liable to any third party, for the content or accuracy of any content added by you or any other user of our service.

5.4 If you believe that any content shown on the Websites For Photographers site is offensive, illegal or unacceptable, or otherwise does not comply with these terms and conditions, you are encouraged to report this to Websites For Photographers by using the contact facility on the website. You agree that you will not abuse this facility.

6 VIRUSES, HACKING AND OTHER OFFENCES

6.1 You must not misuse the Websites For Photographers site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Websites For Photographers site, the server on which the Websites For Photographers site is stored or any server, computer or database connected to the Websites For Photographers site. You must not attack the Websites For Photographers site via a denial-of-service attack or a distributed denial-of-service attack.

6.2 Websites For Photographers will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites For Photographers site or to your downloading of any material posted on it, or on any website linked to it.

7 LIABILITY

7.1 Except for personal injury or death caused by Websites For Photographers' negligence or for any other liability that may not be excluded by law, Websites For Photographers and its agents accept no liability for any loss or damage suffered by you in submitting, or from you or any third party's viewing the content, or any other materials on the Websites For Photographers site.

7.2 You hereby indemnify (and shall keep indemnified) and hold harmless Websites For Photographers, its proprietors, directors, employees, agents and representatives against any claim, loss, expense, liability or damages suffered by Websites For Photographers resulting from the use of your content or your breach of these terms and conditions.

7.3 The material displayed on the Websites For Photographers site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, Websites For Photographers hereby expressly excludes:

7.3.1 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

7.3.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Websites For Photographers site or in connection with the use, inability to use, or results of the use of the Websites For Photographers site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts; loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect Websites For Photographers' liability for any liability which cannot be excluded or limited under applicable law.

8 INTELLECTUAL PROPERTY

8.1 All intellectual property rights in the Websites For Photographers site and in the Websites For Photographers trademarks and brand names belong to Websites For Photographers or its licensors. All rights are reserved. No such content may be reproduced without Websites For Photographers prior written permission.

9 LINKS FROM Websites For Photographers SITE

9.1 Where the Websites For Photographers site contains links to other sites and resources provided by third parties, these links are provided for your information only. Websites For Photographers has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. When visiting websites linked from the Websites For Photographers website, these should be governed by their own Terms and Condition and Privacy Policies which you should familiarise yourself with.

10 VARIATIONS TO TERMS OF USE

10.1 Websites For Photographers may revise these terms of use at any time by amending this page. You should check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

11 JURISDICTION AND GOVERNING LAW

11.1 These terms and conditions are governed by English Law and any disputes arising in relation to these terms and condition shall be subject to the non-exclusive jurisdiction of the English courts.

If you require verification of any of these terms and conditions, please contact us via the contact facilities on the Websites For Photographers website.

12 YOUR DATA

12.1 We warrant not to pass your registered contact details to any third party organisation except in connection with clause 13.5 below.

12.2 Websites For Photographers is owned by Dacan Internet Limited and all data collected during the registration process and as updated by you periodically, remains our property. If requested by you we will remove all data provided by you and therefore any associated website from the system and any database we hold.

12.3 We reserve the right to delete any data as we deem fit due to, but not limited to, its unsuitable nature.

12.4 We also reserve the right to delete any or all user data upon expiry of the normal trial period where a website or account has not been activated.

12.4 Dacan Internet Limited also own www.ourweddingmemories.co.uk and as such may market this service to you where we feel it is relevant and of benefit to you.

13 TRIAL PERIOD

13.1 We operate a 30 day trial period of our system during which full access to all functionality is granted. Upon expiry of the trial, we reserve the right to delete any or all data of a registered user where the website has not been activated within the requisite period. We will always give notice by email prior to any data removal.

13.2 Registered users will receive a series of emails during the initial 30 day trial period informing them of the term left until expiry. It is not possible to opt out of these or other important emails. If you do not wish to receive such emails you should contact us to remove your account from the system

13.3 You will be informed of the time remaining on your trial period by email. Once the trial period expires, no further editing will be available without activation of the website. We may however, consider an extension to your trial period if you so request.

13.4 Following expiry of the initial 30 day trial period you will then receive a further series of emails informing you that your data will shortly be deleted if the website is not activated.

14 COMPETITIONS AND OFFERS

14.1 Where activation of a website is provided as a part of an offer or competition the details are restricted to that particular offer and not in conjunction with any other offer.

14.2 Any competition prize is limited to the details outlined in the competition terms. Where website hosting, additional image capacity or advertising on www.ourweddingmemories.co.uk is offered as a prize the timescale is limited to no more than 12 months unless specifically stated in the competition terms.

14.3 Where website hosting and/or advertising on www.ourweddingmemories.co.uk is the stated prize we will not be liable to provide any design work for you. The prize or offer is specifically limited to website hosting on the Websites For Photographers platform, and/or extra image allocation and /or advertising on www.ourweddingmemories.co.uk.

14.4 Any entries received after the stated closing date of a competition or offer will be not be accepted.

14.5 Where a competition is run in conjunction with a third party it may be that we need to share the contact details of any entrants with that third party and they maybe added to such things as their monthly newsletter. For example, during September 2012 we will run/ran a competition in conjunction with Photo Professional magazine. By entering this or other competitions you agree that we are entitled to pass your contact details to these entities. We will not pass your details to other third party organistations, not connected to that particular competition or offer.

14.6 Competition prizes and offers are not open to current registered members of Websites For Photographers, non-uk citizens or anyone under the age of 18 unless specifically stated in the competition rules. The competition is not also open to employees of Websites For Photographers, Dacan Internet Limited) or any third party the competition is run in conjunction with or their immediate family and agents.

14.7 By reentering a competition competitors will be deemed to have agreed to be bound by these rules and also signing up to Websites For Photographers in order to complete the website creation trial and receive periodic emails from us.

14.8 Any competition prize must be taken as offered with no cash alternative.