Terms of Service
This Standard Rated Photographers Agreement (“Agreement”) is a legal document that explains your rights and obligations as a Subscriber. Please read it carefully.
1. REGISTRATION AND ACTIVATION.
The online service RatedPhotographers.co.uk is a trading name of Rated Photographers.
You become a subscriber of Rated Photographers (“Subscriber”) by creating your Rated Photographers profile and completing registration. Additionally, as a Subscriber you may obtain access to certain services, software and content (“Subscriptions”) available to Subscribers. Conclusion of this contract between Rated Photographers and you takes place as soon as you complete payment via PayPal after accepting this Agreement.
Each Subscription allows you to display your services on the Rated Photographers website. Additional terms provided with each such Subscription (“Subscription Terms”) may apply to the use of a given Subscription, and are incorporated into this Agreement. Further, additional terms (for example, fees and billing procedures) may be posted on http://www.ratedphotographers.co.uk and are incorporated into this Agreement.
When you complete Rated Photographers registration process, you create a Rated Photographers account (“Account”). Your Account may also include billing information you provide to us for the purchase of Subscriptions. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on Rated Photographers that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account.
A. Ownership.
All title, ownership rights and intellectual property rights in and to the Rated Photographers website and any and all copies thereof are owned by Rated Photographers and/or its licensors. All rights reserved, except as expressly stated herein. The Rated Photographers Software and website is protected by the copyright laws of the United Kingdom, international copyright treaties and conventions and other laws.
2. BILLING, PAYMENT AND OTHER SUBSCRIPTIONS
Rated Photographers offers some Subscriptions for free, and some for a Subscription fee. All fees are stated in U.K. pounds unless otherwise specified.
A. Payment by PayPal.
When you provide PayPal information to Rated Photographers, you represent to Rated Photographers that you are the authorised user of the PayPal account that is used to pay for the Subscription or other fees and authorise Rated Photographers to charge your PayPal account for any Merchandise or Subscription or other fees incurred by you. For recurring monthly Subscriptions, each subscription period that you use such Subscription(s), you agree and reaffirm that Rated Photographers is authorised to charge your PayPal account for the Subscription fee.
B. Charges to PayPal.
ALL RATED PHOTOGRAPHERS FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Rated Photographers reserves the right to change our fees or billing methods at any time and Rated Photographers will provide notice of any such change at least thirty (30) days in advance. Your non-cancellation of your Account or an affected Subscription thirty (30) days after posting of the changes on ratedphotographers.co.uk means that you accept such changes. If any change is unacceptable to you, you may cancel your Account or a particular Subscription at any time as described below, but Rated Photographers will not refund any fees that may have accrued to your Account before cancellation of your Account or Subscription, and Rated Photographers will not prorate fees for any cancellation.
As the Account holder, you are responsible for all charges incurred and all purchases made by you or anyone that uses your Account, including your family or friends. In the event that your Account or a particular subscription is terminated or canceled, no refund, including any Subscription fees, will be granted. Any delinquent or unpaid Accounts must be settled before Rated Photographers will allow you to register again.
C. Third Party Sites.
ratedphotographers.co.uk may provide links to other third party sites. Some of these sites may charge separate fees, which are not included in and are in addition to any Subscription or other fees that you may pay to Rated Photographers. Rated Photographers may also provide access to third-party vendors, who provide content, goods and/or services on ratedphotographers.co.uk or the Internet. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Rated Photographers makes no representations or warranties, either express or implied, regarding any such third party site.
3. ONLINE CONDUCT AND ILLEGAL BEHAVIOR
You agree that you will be personally responsible for the use of your Account and for all of the communication and activity on ratedphotographers.co.uk that results from use of your Account. Your online conduct and interaction with other subscribers should be guided by common sense and basic etiquette. Specific requirements may also be found in the Writing Reviews Page, other Rules of Use, the Subscription Terms, or in terms of use required by third parties who we include on ratedphotographers.co.uk .
4. THIRD PARTY CONTENT
“Third Party Content” means software and other content provided by third parties, other than Rated Photographers, that is able to work in conjunction with the ratedphotographers.co.uk website (e.g. Flickr, Twitter etc). In regard to all Third Party Content, Rated Photographers acts merely as an intermediary service provider. Rated Photographers does not screen Third Party Content available on ratedphotographers.co.uk or through other sources. Rated Photographers does not assume any responsibility or liability for Third Party Content.
5. DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES
A. DISCLAIMERS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF RATEDPHOTOGRAPHERS, RATEDPHOTOGRAPHERS.CO.UK, AND MERCHANDISE REMAINS WITH YOU, THE USER. RATEDPHOTOGRAPHERS EXPRESSLY DISCLAIMS (I) ANY WARRANTY FOR RATEDPHOTOGRAPHERS.CO.UK, AND (II) ANY COMMON LAW DUTIES WITH REGARD TO RATEDPHOTOGRAPHERS.CO.UK, INCLUDING DUTIES OF LACK OF NEGLIGENCE AND LACK OF WORKMANLIKE EFFORT. RATEDPHOTOGRAPHERS.CO.UK AND ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTY AGAINST INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE AND/OR IN ANY OTHER COMPARABLE STATE STATUTE IS EXPRESSLY DISCLAIMED. ALSO, THERE IS NO WARRANTY OF TITLE, INTERFERENCE WITH YOUR ENJOYMENT, OR AUTHORITY IN CONNECTION WITH RATEDPHOTOGRAPHERS.CO.UK OR INFORMATION AVAILABLE IN CONNECTION THEREWITH. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
B. LIMITATION OF LIABILITY.
NEITHER RATED PHOTOGRAPHERS, ITS LICENSORS, NOR THEIR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE RATEDPHOTOGRAPHERS.CO.UK, YOUR ACCOUNT, YOUR SUBSCRIPTIONS AND THE RATEDPHOTOGRAPHERS.CO.UK WEBSITE INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL RATEDPHOTOGRAPHERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH RATEDPHOTOGRAPHERS.CO.UK, LISTINGS THAT YOU ACQUIRE VIA RATEDPHOTOGRAPHERS.CO.UK, ANY INFORMATION AVAILABLE IN CONNECTION THEREWITH, OR THE DELAY OR INABILITY TO USE LISTINGS OR ANY INFORMATION, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF RATEDPHOTOGRAPHERS WARRANTY AND EVEN IF RATEDPHOTOGRAPHERS.CO.UK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY FAILS.
C. NO GUARANTEES.
RATEDPHOTOGRAPHERS.CO.UK DOES NOT GUARANTEE CONTINUOUS, ERROR-FREE, VIRUS-FREE OR SECURE OPERATION AND ACCESS TO RATEDPHOTOGRAPHERS.CO.UK, YOUR ACCOUNT AND/OR YOUR SUBSCRIPTIONS(S).
6. EXCLUSIVE REMEDIES
A. EXCLUSIVE REMEDY — RATEDPHOTOGRAPHERS.CO.UK
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH RATEDPHOTOGRAPHERS WITH REGARD TO RATEDPHOTOGRAPHERS.CO.UK IS TO DISCONTINUE USE OF RATEDPHOTOGRAPHERS.CO.UK AND CANCEL YOUR ACCOUNT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, RATEDPHOTOGRAPHERS, ITS LICENSORS, AND THEIR AFFILIATES LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW AND IN SUCH JURISDICTIONS RATEDPHOTOGRAPHERS LIABILITY WILL BE LIMITED TO AN AMOUNT THAT DOES NOT EXCEED THE AMOUNT PAID TO RATEDPHOTOGRAPHERS FOR THE MERCHANDISE GIVING RISE TO THOSE DAMAGES
THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Rated Photographers, its licensors and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of this Agreement, use of ratedphotographers.co.uk or any Subscription, or any User Generated Information or Third Party Content, including, but not limited to, the creation, distribution, promotion, by you or any person(s) using your Account.
8. AMENDMENTS TO THIS AGREEMENT
Rated Photographser may amend this Agreement at any time in its sole discretion. As a Subscriber, you agree that Rated Photographser may amend the terms of this Agreement. If Rated Photographser amends the Agreement, such amendment shall be effective thirty (30) days after being changed and made available for viewing. You can view the Agreement at any time at http://www.ratedphotographers.co.uk/. Your failure to cancel your Account thirty (30) days after notification of an amended Agreement will mean that you accept all such amendments. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or a particular Subscription.
9. TERM AND TERMINATION
Either you or Rated Photographers has the right to terminate or cancel your Account or a particular Subscription at any time. You understand and agree that the cancellation of your Account or a particular Subscription is your sole right and remedy with respect to any dispute with Rated Photographers.
A. Term.
The term of this Agreement (the “Term”) will be effective as of the date that you create your subscription agreement between PayPal and Rated Photographers and will continue in effect until otherwise terminated in accordance with this Agreement.
B. Termination by You.
Information on how to cancel your Account or a particular Subscription can be found by logging into your client area. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation. In the event that your Account or a particular subscription is terminated or canceled by you, no refund, including any Subscription fees, will be granted. In the event that your Account or a particular Subscription is terminated or cancelled by Rated Photographers for a violation of this Agreement or improper or illegal activity, no refund, including any Subscription fees, will be granted.
C. Termination by Rated Photographers.
1. In the case of a recurring payment Subscription (e.g., a monthly subscription), in the event that Rated Photographser terminates or cancels your Account or a particular Subscription for convenience, Rated Photographser may, but is not obligated to, provide a prorated refund of any prepaid Subscription fees paid to Rated Photographser.
2. In the case of a free Subscription, Rated Photographser may choose to terminate or amend the terms of the Subscription as provided in the “Amendments to this Agreement” section above.
10. APPLICABLE LAW/JURISDICTION
This agreement has been executed under British Law and any related legal jurisdiction shall be based under British Law.
11. MISCELLANEOUS
In the event that any provision of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect. This Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
Rated Photographsers obligations are subject to existing laws and legal process and Rated Photographser may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term.
