TERMS & CONDITIONS
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Flying Canadian Photograph, the owner and operator of this Website. Please read these terms and conditions carefully as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In these terms and conditions, User or Users means any third party that accesses the Website.
Intellectual property and acceptable use
All Content included on the Website, unless uploaded by Users, is the property of Flying Canadian Photography, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
The copyright of photographs remains with the Photographer. The images taken by the Photographer are for personal use by the Client and their friends and relatives including printing and publishing the photographs on social networking media but does not allow images to be sold for profit. The Photographer request that the photographs are not altered or manipulated in any way. The Client grants the Photographer the irrevocable and unlimited consent to use the photographs for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Client hereby release the Photographer from all liability and claims in connection with the images.
You may, for your own personal, non-commercial use only, do the following:
Retrieve, display, print, share and view the Content
You must not otherwise modify, copy, distribute or use for commercial purposes any Content without the written permission of Flying Canadian Photography.
You may not use the Website for any of the following purposes:
• in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
• making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Links to other websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Flying Canadian Photography.
We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Flying Canadian Photography has a legitimate interest in using images taken in relation to your booking and may use these images in the following ways:
• On social media for promotion & advertising purposes
• On our website for promotion & advertising purposes
• For marketing materials (business stationary, flyers, business cards etc)
• For publications/print
Clients are free at any time to refuse the uses of these images.
We collect a variety of information before, during and after you book or use any of our services. These include:
• Names, Addresses and Contact Information of the person(s) placing an order with us.
• Names, Addresses and Contact Information of the person(s) using our services.
• Names (and in some cases ages and gender) of all participants of a photo shoot.
• Details and notes taken throughout a photo session or service provided to help us remember conversations during and details of your session.
If you E-Mail us or send us messages via social media, these messages are stored within our email system or social media accounts. These messages are stored for as long as practicable to allow us to provide you with better future services. Most data we collect is stored indefinitely. This is to allow us to provide a better service to you as a customer in the event that you contact us again in the future. We are legally obliged to store some data for a minimum amount of time, for example sale order records, payment records etc.
Most of the data we collect is solely for the purpose of providing you with a service you have ordered. Some of the data we collect is to help provide you with a better customer service experience. We are required by law to collect and store certain information relating to any order you place with us.
Availability of the Website and disclaimers
Any online facilities, tools, services or information that Flying Canadian Photography makes available through the Website is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Flying Canadian Photography is under no obligation to update information on the Website.
Whilst Flying Canadian Photography uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
Flying Canadian Photography accepts no liability for any disruption or non-availability of the Website.
Flying Canadian Photography reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limit of Liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Flying Canadian Photography accepts no liability for any of the following:
• any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
• loss or corruption of any data, database or software;
• any special, indirect or consequential loss or damage.
You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
Flying Canadian Photography Details
Val Alderson of 21 Palm Hill, Oxton Village, Cheshire, CH43 5SP operates the Website Flying Canadian Photography www.flyingcanadianphotography.com.
You can contact Val Alderson by email on email@example.com.
FLYING CANADIAN PHOTOGRAPHY
is located in Oxton Village and is a wedding, pet and family photographer.