IMPORTANT LEGAL NOTICE
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.kirstymitchellphotography.com”:https://www.kirstymitchellphotography.com (Website) and to the supply of services by us any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by Kirsty Mitchell Photography Ltd(Company).
You may access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
Intellectual Property Rights and Licence
All intellectual property rights within this website or within the services provided by the company (including photos, text, graphics, logos, icons and sound recordings) are owned by or licensed to the company. Other than for the purposes of, and subject to the conditions prescribed under UK Copyright law and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:
- use, adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialize any information, product(s) or services obtained from any part of this website,
without having received prior written permission from the company.
If you use any of the company’s trade marks in reference to our activities, product(s) or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, product(s) or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, product(s) or services (including this website).
While the Company endeavours to ensure that this Website is available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company´s control.
Visitor material and conduct
You are prohibited from posting or transmitting to or from this Website any material:
- that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- for which you have not obtained all necessary licences and/or approvals; or
- which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
- which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of, or locate anyone posting any material in breach of these terms and conditions.
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so subject to the following conditions:
- you do not remove, distort or otherwise alter the size or appearance of the Company’s logo;
- you do not create a frame or any other browser or border environment around this Website;
- you do not in any way imply that the Company is endorsing any product(s) or services other than its own;
- you do not misrepresent your relationship with the Company nor present any other false information about the Company;
- you do not otherwise use any trade marks displayed on this Website without express written permission from the Company;
- you do not link from a website that is not owned by you; and
- your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
The Company expressly reserves the right to revoke the any rights granted in these Terms and Conditions for breach of the above terms and to take any action it deems appropriate.
You shall also fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of the above terms.
Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the product(s) and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company´ officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
- the provision of services via this Website;
- the use, inability to use or the results of use of this Website;
- any websites linked to this Website or the material on such websites;
- your downloading of any material from this Website or any websites linked to this Website;or
- viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
Nothing in this legal notice shall exclude or limit the Company´s liability for:
- death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
- fraud; or
- misrepresentation as to a fundamental matter; or
- any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
Our liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement is strictly limited to the price paid for the services.
Termination of access
Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force