Terms & Conditions - Galway Photographer

Introduction

These terms and conditions govern your use of our website and the use of your purchased product or service (photo shoots, photo prints and frames, photo licensing, group photo walk, one on one walk or lesson, Photoshop / Lightroom lesson); by using our website and products/services, 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 not use our website or products/services.

You must be at least 18 years of age to use our website. By using our website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age, or that your parent or guardian has given you express permission to use the website and your parent or guardian has agreed to and accepts the terms and conditions herein.

Our website uses cookies. By using our website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

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General Terms and Conditions pertaining to photo shoots, print sales, and licensing of photographs for publication and other usage:

i. Payment of project fee due in full within 30 days of completion of project.
ii. Additional changes and edits outside of the project scope will incur additional fees.
iii. Indemnity and Liability / Public Liability – Nicholas Grundy shall not be liable for any legal action or damages from or arising out of the creation and/or usage of the imagery created for the Client. This includes any and all cases concerning the subjective opinion of the quality of the project and/or images.
iv. Payment of 50% deposit required prior to commencement of project unless otherwise specified and agreed to. This deposit is non-refundable.
v. Copyright of all images remains with Nicholas Grundy. Image license is non-transferable.
vi. If notice of cancellation is given less than two business days before the project commencement date, the Client will be charged 100% of the Photographer fees and any Assistant fees.
vii. It is the Client’s responsibility to ensure that where required, certain persons/properties sign model/property releases prior to usage and publication of images featuring said individuals/properties. Nicholas Grundy can provide, upon request (prior to the shoot), a model/property release form for this purpose.
viii. All images created by Nicholas Grundy may be used in his various portfolios, unless the Client notifies the Photographer that they wish to opt out for some or all images.
ix. Images supplied are to be used exclusively in the intended online and print publications only. Images are not be to used for any other purpose, nor are they to be passed onto any third party without the prior consent of Nicholas Grundy.
x. Once photo prints and frames are transferred to the Client, Nicholas Grundy is not responsible for any product liability claims pertaining to the goods transferred.
xi. Images submitted to the Client are not to be passed onto any third party for further commercial gain without approval from Nicholas Grundy and an agreement concerning royalties.
xii. Regarding the licensing of photographs for usage online and in publications, Nicholas Grundy retains to right to license said photographs to other publications and organisations unless otherwise specified or unless license purchased or photos commissioned specifically for exclusive publication by the Client only.
xiii. Unless otherwise agreed to in writing, license transfer is for a one-off publication only. Reprints and republication online at a later date or for any other purposes will incur an additional fee of an equal amount to the original one-off licensing fee.
xiv. Rush rates apply to urgent work, i.e. within 24 hours for small shoots and within two weeks for larger shoots.
xv. Changes to the originally intended usage of the work will incur an additional fee.

General Terms and Conditions pertaining to photography lessons, Photoshop / Lightroom lessons, and any form of photo walks (see also Galway Photo Walks):

Payment of 100% of the total fee must be received prior to the walk/lesson in order to reserve your place(s) on the walk/lesson. This fee is non-refundable.
Liability – We shall not be liable for any damage to or loss of your personal belongings, including all camera equipment, mobile phones, computers, tablets and all other miscellaneous personal items that may arise during a walk/lesson. This includes any loss or damage resulting from weather conditions, muggings/theft, slips, falls, damage from excessive dust when changing lenses, general misplacement/loss and any and all other forms of loss or damage.
Public liability – We shall not be liable for any legal action or damages from or arising out of the actions of a student while partaking on a walk/lesson.
Indemnity – We shall not be liable for any legal action or damages from or arising out of the delivery of walks/lessons. This includes any and all cases concerning the subjective opinion of the quality of the walk/lesson.
Walks/lessons will take place regardless of weather conditions. Unfavourable weather conditions or inappropriate attire for the weather conditions will not be seen as grounds for a refund or rescheduling. During events of poor weather, an alternate route will be followed to keep student as warm and dry as possible. Please remember that often the best photos (especially black and white) are produced during poor weather conditions. Please note that there are no refunds due to bad weather!

Copyright Notice

1.1 © Nicholas Grundy Photography and Galway Photo Walks.

1.2 Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

2. Copyright licence

2.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(d) use our website services by means of a web browser,

subject to the other provisions of this notice.

2.2 Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

2.3 You may only use our website for educational purposes and for the purposes of obtaining our products and services, and you must not use our website for any other purposes.

2.4 Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

2.5 Under no circumstances may you:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.

3. Acceptable use

3.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our 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; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

4. Report abuse

4.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

4.2 You can let us know by email or by using our contact form.

5. Enforcement of copyright

5.1 We take the protection of our copyright very seriously.

5.2 If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

6. Permissions

6.1 You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the website.

Licence to use website

Unless otherwise stated, we own the intellectual property rights in the website and all material on the website. Subject to the licence 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 personal 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 our website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter).]

Acceptable use

You must not use our 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 our 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 our website without our express written consent.

You must not use our website to transmit or send unsolicited commercial communications.

You must not use our website for any purposes related to marketing without our express written consent.

User generated 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 our website, for whatever purpose.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us 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 us 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.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website.

Limited warranties

We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and exclusions of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us 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 these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem 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

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with our 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.

Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, products and services, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Irish law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the Republic of Ireland.

Privacy Policy

All information provided by you is only used to ensure the best possible online and/or shopping experience. All information is strictly confidential. Your personal information will not be shared, circulated, nor modified in any way without your previous consent.

If you place an online order with us, we request certain personal information. You must provide contact information (such as name, email and delivery address) and financial information (such as credit card number, expiration date and the 3 digit security code). We use this information for billing purposes and to complete your order. If we have trouble processing an order, we will use your information to contact you. Your telephone number is required in case you need to be contacted on the day of the photo walk or photo shoot.

We use third-party web beacons (Google Analytics) from Google to help analyse where visitors go and what they do while visiting our website. We reserve the right to modify this privacy policy at any time, so please review it frequently. If we make significant changes to this policy, we will notify you here and by a notice on the website in general.

This was last updated on May 18th 2015.

Use of Cookies

Cookies are pieces of information which a website transfers to your computer’s hard disk for record-keeping purposes. Cookies can make a website more useful by personalising information for visitors and by storing information about your preferences on our site. The use of cookies is an industry standard, and many major websites use them to provide useful features to their customers. It is our policy to use cookies only for the following purposes:

To identify you
To customize our site for you
To help improve navigation

Most browsers are initially set up to accept cookies. If you prefer, you can set your browser to reject cookies. However, you will not be able to take full advantage of our website if you do so.

We use tracking technology to better understand site traffic patterns and use. However, none of the information collected via tracking technology is personally identifiable information.