Welcome to the website user agreement for picturenation.
In return for allowing you access to this website, we impose and require you to accept the terms and conditions of use set out in this notice. If you are not prepared to agree to these terms then you must immediately leave this website and you may not use or access our services.
You may browse our website without registering but will need to register with us in order to purchase any pictures or images via our website.
On registration you will be required to select a username and password during the registration process.
You are responsible for all actions taken under that username, whether by you or any other person. It is your responsibility to keep your username and password safe. You have no right to disclose or transfer your username or password to any other person and you must notify us immediately if you become aware of any unauthorised use of your username or password.
You warrant, represent and undertake that any information, which you provide when you register as a user, shall be up to date, true and accurate in all respects, and you agree to notify us immediately of any changes to such information.
You can e-mail any changes in your details to us at firstname.lastname@example.org
DESCRIPTIONS AND PRODUCT INFORMATION
picturenation may withdraw any of its pictures or images at any time and without prior notice.
Although every effort has been made to reflect product colours as accurately as possible we are unable to guarantee that the colour you will see on your monitor will accurately reflect the true colour of the image.
All images, photographs, descriptive matter, specifications and advertising on this website published for the sole purpose of giving an approximate idea of the photographs and images described in them. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.
PURCHASING PICTURES AND IMAGES
The prices displayed on this website are quoted in UK sterling, and are only valid and effective in the UK. Payments can only be made in UK sterling. The prices include VAT at 20.0%, and are subject to change if the applicable rate of VAT changes before your order is accepted.
Where picture or images are delivered to you outside of the European Union you will be responsible for paying any local sales tax or import duties arising at the delivery destination, which are not included in the price of the products.
IMPORTANT: where you wish to purchase images or pictures of children we may ask you for further information and reserve the right not to accept your order. Please see our Child Protection Policy for further details.
Where there is a delay or likelihood of delay in the supply of photographs or images, we will advise you as soon as practicable. If the photographs or images cannot be downloaded within  days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
Any orders you place with us will not be accepted and no contract will be formed between us until you have paid for the products and all applicable charges in full. No payment shall be deemed to have been received until we have received payment in cleared funds.
We will confirm our acceptance of your order on receipt of cleared funds by email (where a valid email address is provided).
We reserve the right at all times and at our sole discretion to refuse to accept any orders.
You acknowledge that you are responsible for all communications sent via or to this website and agree that your use of this website for proper and lawful purposes only.
You will not carry out any act or omission or procure any act or omission which would:
In the event that you breach any of these conditions, you will indemnify and keep indemnified picturenation, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.
Any information that you provide to us will be stored and processed in accordance with the Data Protection Act 1998.
We will hold and transmit your information in a safe, confidential and secure environment.
The information you provide shall be held and may be used by the picturenation and disclosed to associated companies of picturenation for the following purposes:
picturenation may also pass your information to credit reference and fraud prevention agencies.
picturenation may also pass your information to specially selected companies for the purposes of such companies informing you of events, products, services, offers or news from or relating to such companies from time to time.
Communication between picturenation and you may be by letter, phone, fax, text-messaging service and/or e-mail or other electronic means.
IMPORTANT: By registering with picturenation and/or using this website you consent to picturenation using your data in this way.
LINKS TO OTHER ORGANISATIONS
No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organisations, companies or individuals.
We take no responsibility for anything that might occur when you visit any other website. When you click on a link you will leave this website.
We provide links to third parties only as a convenience to you.
LIMITATION OF LIABILITY
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.
However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.
We also have no liability of any sort (including for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.
TRADE MARKS AND COPYRIGHT
Our trade marks include (amongst others) the picturenation name and logo.
These trade marks may be in use and/or registered in more than one country and your use and access of our website does not give you any rights to use our trade marks.
All other trade marks are the property of their respective owners.
All content included on this website (including, without limitation, the trade marks of picturenation, logos, graphics, text, photos, designs, logos, icons, images, data and software) is the property of picturenation, its affiliates and licensors and as such is protected by international and UK copyright and other intellectual property laws.
Any copyright or other intellectual property in these web pages is owned by, or licensed to, us. It is absolutely prohibited for you to reproduce all or any part of the contents of this website except in accordance with this agreement.
Unless you are purchasing pictures or images from us you:
If you are purchasing pictures and images from us then you must read and agree to the Buyers' Terms and Conditions.
If you are uploading images to picturenation to be licenced on your behalf then you must read and agree to the Sellers' Terms and Conditions.
TERMINATION AND SUSPENSION
We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:
Any notice, which we are required to give to you regarding the services, may be sent by e-mail or first class-post to the address provided by you on registration (or as amended from time to time).
Unless otherwise explicitly stated, notices to us must be sent by registered mail to:
Notices sent by e-mail are deemed to be received 24 hours after an e-mail is sent, unless we a failure notice that the e-mail address is invalid is received, registered mail and first class-post will be deemed received 3 days following the date of mailing.
This Agreement sets forth the entire understanding and agreement between us.
We may amend this agreement at any time by posting an amended agreement on our website. Any amended agreement will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting.
Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
You cannot assign this agreement but we may assign it at our sole discretion.
Our failure to act with respect to a breach by you or others shall not be considered as a waiver of our right to act with respect to subsequent or similar breaches.
Any person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.
The laws of your country may be different from English law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances and regulations regarding your use of our website and services.
We cannot monitor the laws of every country and it is your responsibility to ensure that your use of our website and services is legal.