As amended 7th November 2008

Mike Muscroft Photography is committed to providing an excellent user experience. In order to provide this website and my digital services to you, you must agree to be bound by the following terms which form a legally binding contract between Mike Muscroft Photography (MMP) and you.

1 ACCEPTANCE OF TERMS

1.1 Access to Sites. Your access to and use of any MMP website (including but not limited to: www.mikemuscroft.co.uk and any other site powered for MMP by third parties) (collectively the Websites) and any Services referred to in Clause 2, is subject exclusively to these terms and conditions. Third party websites operated by MMP may also have additional terms to which you will be bound. It is your responsibility to read and understand any terms and conditions that apply to your use of websites and services.
1.2 Acceptance. You will not use the Website/Services for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these terms and conditions you must immediately stop using the Website/Services.
1.3 Right to Amend Terms. I reserve the right, at my sole discretion, to change, modify, add, or delete portions of these terms and conditions at any time without further notice. If I do this, I will post the changes to these terms and conditions on this page and will indicate this by the effective change of date at the top. If you do not agree to (or cannot comply with) the terms and conditions as amended, your only remedy is to stop using the Website/Services. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes. Your continued use of the Website/Services after any such changes constitutes your acceptance of the new terms and conditions.

2 THE SERVICES

2.1 Services. The Website provides digital media downloads (the Services) designed to enable you to purchase legal digital media. The Services are for your own personal use and you are not authorised to make any copies of any downloads other than for personal use.
2.2 Download limits. All digital media files that you purchase from MMP will be available for download upto 3 times (per file) from your client area. To make further downloads of the digital media file (more than 3), you will be required to make a further purchase of the file.
2.3 Photograph atributes. All photographs available for download from MMP will be formatted in the jpg format and of the size 10" x 8" (25.40cm x 20.32cm) suitable for Pro-lab or home printing, using good quality photographic paper and ink/toner.
2.4 Custom atributes. If a custom size is required or other file format (such as tif/psd/raw/dng), please contact MMP for a quote.

3 AGE RESTRICTION TO REGISTER FOR SERVICES

3.1 Registering for the Services. You must be at least 18 years of age to agree to and enter into a contract on your own behalf and to register for use of the Services. If you are under 18 but at least 13 years of age, you must present these terms and conditions to your parent or legal guardian, and he or she may consent on your behalf.
3.2 Minimum Age. Children under the age of 13 may not register for the Services, and parents or legal guardians may not register on their behalf. By registering for the Services, you represent that (i) you have read, understood and agree to be bound by these terms and conditions (ii) you are at least 18 years old, either entering into this contract for yourself or entering on behalf of your child or a child in your legal care aged 13 or over.
3.3 Full Access. If you are a parent or guardian allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services. You are fully responsible for his or her use of the Website/Services, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not register and do not attempt to access the Service.

4 PRIVACY POLICY

I recognise that your privacy is very important to you and that it is your right to control your personal information. I know that providing personal information is an act of trust and I take that trust seriously.
4.1 Personal Information. If you register for any of the Services you will be asked to provide basic personal information. The information is used solely for notifying you of changes or updates to the Website/Services. MMP will never sell, rent or otherwise disclose any of your personal information, including your email address, to any third party without your consent unless: a) I am required to by law; or b) if it is necessary to provide the Services.
4.2 Communications from MMP. In order to keep my users informed about the operation of my Website/Services, I may send e-mails and announcements to your personal email address that you have provided to me upon registration. I may also offer options for you to sign up for my mailing lists without having to use any product or service. For additional information and offers, I give you the option of joining my mailing lists. I may also allow you to choose whether to receive mailings from other promotional partners that I think will be of interest to you. Any promotional e-mail from me will come with instructions for how to unsubscribe from the mailing list.
4.3 Payment Information. If you pay MMP for the Services, your payment information will only be used to check that it is a valid method of payment and to process your payment. No payment information is kept by MMP other than to facilitate the provision of Services to you (for example, storing your credit or debit card number for quick payment). You will always be able to remove any such stored payment details.
4.4 Your Rights. If you are a registered user, you have certain rights under the 1998 Data Protection Act. You have the right to be told what personal information I hold about you on any database. Should you wish to exercise that right, or if you have any questions concerning the MMP privacy policy, please send an email to: support@mikemuscroft.co.uk
4.5 MMP Cookies. I use a technology called Cookies as part of my normal business procedure to enhance the user experience and to track patterns of behaviour of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
4.6 Security. While I make every effort to ensure that your information is secure on my system, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, I cannot guarantee the security of any information you transmit to me, and you do so at your own risk.

5 MMP USER ACCOUNT, PASSWORD AND SECURITY

5.1 Password Security. MMP will issue you with a username and password for your download account for use with that Service. You are responsible for maintaining the confidentiality of the username and password. You are fully responsible for any unauthorised persons use of the Website/Services, including all financial charges and legal liability that he or she may incur.
5.2 Unauthorised Access. You agree to immediately notify me of any unauthorised use of your password or account or any other breach of security. In no event will MMP be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another persons account at any time, without the express permission of the account holder. You agree that I will be entitled to assume that any person logging into the Websites using your username and password is either you or someone doing so with your permission.

6 USAGE RULES

6.1 Use of Content. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (the Content) is copyright of MMP and that you will not misuse, resell, copy, edit, broadcast or use such content that will infringe these terms and conditions. MMP will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 Digital Rights Management. You understand that some of the Content includes a security framework using technology that protects digital information and limits your usage of the content to certain usage rules established by MMP and its licensors (Usage Rules). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever.
6.3 Previews. A Preview is a low-quality image that you can view directly from and while you are logged on to the Service at no cost to you. You may view as many Previews as you like. You may not attempt (or support others attempts) to capture, copy, or download a Preview.
6.4 Image Usage Rules.
(i) You are authorised to use the image only for personal, non-commercial use, and not for redistribution, resale, transfer, assignment or sublicense, to the extent permitted by law.
(ii) You are authorised to use/store the image on 1 (one) authorised device (PC or MAC) and to make printed copies for your own personal use only. You are not authorised to print or re-print any image for personal gain or commercial use. None of the images you purchase may be copied (except for personal home use), reproduced (except for personal home use), transmitted, stored (except for personal home use), sold or distributed.
(iii) You may not use an image as a wallpaper in connection with or store the image on a mobile phone device.
(iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules, or interfere with, remove or alter any rights management information on the image.
(v) The delivery of the image does not transfer to you any outright ownership, commercial or promotional use rights of the image.
You agree that your purchase of an image constitutes your acceptance of and agreement to use such image solely in accordance with the Usage Rules, and that any other use of the image may constitute a copyright infringement. Any security technology, if applicable, is an inseparable part of the image. The Usage Rules shall govern your rights with respect to the image. MMP reserves the right to modify the Usage Rules at any time.
6.5 Use of the Website/Services. You agree not to:
(i) impersonate any person or entity for the purpose of misleading MMP or others to obtain goods illegitimately;
(ii) violate any applicable laws or regulations;
(iii) use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;
(iv) attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
6.6 Monitoring. I have no obligation to monitor the Services but shall be entitled to review server statistics for noticable acts, and at my sole discretion, to remove any user accounts that breach these terms and conditions.

7 TERMINATION

7.1 Termination. I have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these terms and conditions. I may also at any time, at my sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that I shall not be liable to you or any third party for any termination of your access to the Website/Services.

8 EQUIPMENT

8.1 Equipment. Without limiting any provision herein, MMP makes no warranty that any particular computer, printer, portable device, or other hardware you use will be compatible with MMPs Website/Services or goods.
8.2 Responsibility. It is your sole responsibility to ensure that your system(s) (or third parties) equipment and sundries will function correctly with the supplied goods or services.

9 REFUND POLICY

9.1 All Sales are Final. All sales are final and all charges from those sales are non-refundable. Due to the nature of the Direct Download Service you are not able to cancel any purchases of downloads after you have confirmed payment. Downloads may not be returned for any reason unless they are proved to be defective. In exceptional circumstances, refunds are given at the discretion of MMP.

10 LINKS TO THIRD PARTY WEBSITES

10.1 Links on the Websites. The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that MMP is not responsible for the content or availability of any such sites.

11 INTERNATIONAL USE

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
Some of my downloads are restricted by territory. Where required, to conclude the purchase of any such restricted products, you will be required to provide a billing address in the relevant territory. You agree not circumvent any territorial restrictions in place on the Website/ Services or provide false billing information.

12 INTELLECTUAL PROPERTY RIGHTS

12.1 Intellectual Property. The Website and its content (including without limitation the Website design, logo, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

13 INDEMNITY

You agree to indemnify and hold MMP harmless from and against any breach by you of these terms and conditions and any claim or demand brought against MMP by any third party arising out of your use of the Services and/or any data submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by MMP in consequence of your breach of these terms and conditions.

14 DISCLAIMERS AND LIMITATION OF LIABILITY

Use of the Website/Services is at your own risk. The Website/Services are provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, MMP will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
MMP makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
Nothing in these terms and conditions shall be construed so as to exclude or limit the liability of MMP for death or personal injury as a result of the negligence of MMP.
Nothing in these terms and conditions shall affect your statutory rights as a consumer.

15 MMP SEVERANCE

If any of these terms and conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

16 GOVERNING LAW

These terms and conditions shall be governed by and construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts.

Mike Muscroft Photography.