Terms and Conditions
Introduction
These Terms and Conditions govern the use of this website for personal and private purposes, and also for permitted commercial purposes (see Commercial Use subsection for commercial limitations).
The term ‘you’ refers to the user or viewer of this website. The term ‘Living Earth Photography’ refers to Aidan White trading as Living Earth Photography.
By using and viewing this website, you accept these Terms and Conditions in full. If you disagree with these Terms and Conditions, or any part of these Terms and Conditions, you must discontinue use this website immediately.
This website may use cookies. By using this website and agreeing to these Terms and Conditions, you consent to Living Earth Photography’s use of cookies in accordance with the terms of the Cookies Policy.
License to Use Website
Unless otherwise stated, Living Earth Photography and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own non-commercial and personal private use, subject to the restrictions set out below and elsewhere in these Terms and Conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy, or otherwise exploit material on this website for a commercial purpose (see Commercial Use subsection of these Terms and Conditions within this page);
- edit or otherwise modify any material on the website; or
- redistribute material from this website.
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent from Living Earth Photography.
You must not use this website to transmit or send unsolicited commercial communications.
Commercial Use
All items purchased from this website’s online Shop are for private personal use in the home or as gifts, also for business use on public or private business premises for internal décor purposes or as corporate gifts only, not for commercial purposes.
Commercial purposes include, but is not limited to, advertising and marketing use, publication in digital or printed form, website and email promotion, or any promotional use that brings added value or benefit to an organisation, whether for profit or non-profit.
Please get in touch with Aidan via the Contact page for details on rights-managed digital image licencing, customised commissions and product photography, or email aidan@livingearthphotography.ie
Restricted Access
Access to certain areas of this website may be restricted. Living Earth Photography reserves the right to restrict access to areas of this website, or indeed this entire website, at the discretion of Living Earth Photography.
If Living Earth Photography provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Living Earth Photography may disable your user ID and password at Living Earth Photography’s sole discretion without notice or explanation.
User Content
In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Living Earth Photography a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Living Earth Photography the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Living Earth Photography or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Living Earth Photography reserves the right to edit or remove any material submitted to this website, or stored on Living Earth Photography’s servers, or hosted or published upon this website.
Notwithstanding Living Earth Photography’s rights under these Terms and Conditions in relation to user content, Living Earth Photography does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Living Earth Photography makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Living Earth Photography does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.
Limitations of Liability
Living Earth Photography will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Living Earth Photography has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Living Earth Photography’s liability in respect of any:
- death or personal injury caused by Living Earth Photography’s negligence;
- fraud or fraudulent misrepresentation on the part of Living Earth Photography; or
- matter which it would be illegal or unlawful for Living Earth Photography to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must discontinue use this website immediately.
Other Parties
You agree that the limitations of warranties and liability set out in this website disclaimer will protect Living Earth Photography’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Living Earth Photography.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Living Earth Photography and undertake to keep Living Earth Photography indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Living Earth Photography to a third party in settlement of a claim or dispute on the advice of Living Earth Photography’s legal advisers) incurred or suffered by Living Earth Photography arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.
Breaches of Terms and Conditions
Without prejudice to Living Earth Photography’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Living Earth Photography may take such action as Living Earth Photography deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Living Earth Photography may revise these Terms and Conditions from time-to-time. Revised Terms and Conditions will apply to the use of this website from the date of the publication of the revised Terms and Conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Living Earth Photography may transfer, sub-contract or otherwise deal with Living Earth Photography’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.
Severability
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These Terms and Conditions, together with the Privacy Statement, Anti-Spam Policy, Cookies Policy, Linking Policy, Copyright Notice, and Online Ordering and Returns Policy constitute the entire agreement between you and Living Earth Photography in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the Republic of Ireland and the parties agree that any dispute arising from the Agreement shall be litigated only in the Republic of Ireland.
Credit
These Terms and Conditions are based upon and created using a Contractology template available HERE.