TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS DESCRIBED HEREIN AS WELL AS ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. BY USING THIS SITE OR ANY OF ITS SERVICES YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED. IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE THIS WEB SITE OR SERVICES TO PROMOTE SALES AND DO NOT MAKE ANY PURCHASES. USE OF THIS SITE IS AT YOUR SOLE RISK.

 

OVERVIEW
This web site was launched with the intention of providing an opportunity for photographers to upload their own event images and share them with event participants. Images are made available in electronic format and the photographer has the option of sharing files free of charge or for a pre-determined price.

Photos, descriptions and prices are provided by users that upload their own images and therefore the quality of uploaded images as well as information supplied will vary according to subscriber abilities, skills, equipment and preferences. An indication of the final image quality can be established by viewing the available watermarked image as well as the picture file information included with the photo (the photographer may also provide additional supporting information). For reasons of practicality, images that are for sale can only be viewed and downloaded in full after making the relevant payment. Purchases must be made solely on the basis of the information provided on the site, no refund will be offered if these conditions of sale have been met. This website acts solely as an interface between photographer and interested parties, as a consequence spectator-photos does not take responsibility for the uploaded images (content and quality) or related descriptions. This site may reference links to supporting services that offer prints of images or other services. These service providers operate as independent enterprises with separate terms & conditions. Site management assume no responsibility for, and make no warranty or representations as to the accuracy, reliability or usefulness of content or products made available by service providers through this site. Any questions or issues regarding products or services by these parties must be raised directly with the parties concerned.

 

COPYRIGHT
The copyright of all images on this site remain the property of the image owner, normally the photographer. Anybody uploading images to this site for free display or for sale must have the express permission to do so by the copyright holder. Digital images downloaded and/or purchased from the site are intended for personal use. Authorisation for this restricted use is granted by the copyright holder (the photographer) as a condition of using this website. This means that downloaded images can be reproduced as often as required for personal use (prints, t-shirts, personal web pages, etc) but cannot be sold, or offered for sale as pictures or as images on items sold. If an image is required for commercial purposes the permission of the image owner / copyright holder must be granted in advance. This can be requested initially from Spectator-Photos site management who will in turn contact the registered site user for their permission. Without express permission from the copyright holder the use of these images for commercial purposes is strictly forbidden.

By using this website and posting images, as a condition of use, copyright holders grant spectator-photos a perpetual, nonexclusive, royalty-free right to use, publish, distribute, reproduce, perform, adapt and display content on the website, including the right to use the supplied title and information. This also includes permission to retain backup copies indefinitely and transfer images to customers according to the website purchasing terms. In addition permission is granted by the copyright holder to allow the use of images, as displayed on this website, to be used on other websites on condition that size is restricted and that it carries a spectator-photos credit link back to the site. The copyright holder hereby also grants authorisation for digital images obtained from this site (according to the purchasing terms) to be used by the press subject to the image carrying a web site credit and having a single use limit applied. Permissions required in addition to those stipulated must be agreed in advance with the copyright holder, who can be contacted via web site management.

Spectator-photos website management will endeavour to protect unsold images from full public access by using size restrictions and watermarking, as deemed applicable. Files will be passed on to customers when purchasing terms have been met. The purchasing price is prescribed by the user and added to the photo description page when it is uploaded by the user. Photos uploaded by users that are not registered or logged in, and photos that are classified as "free", will not be protected and will be available to viewers to download without additional permission, website terms of use (non-commercial) and copyright restrictions are still applicable to these images as well as all watermarked images. In instances where copyright terms of images from this website are violated, including but not limited to the use of watermarked images as displayed on this website that are used for other purposes such as on social networking sites and commercial use of images, it is the owner of copyright's responsibility to take any action against the perpetrator, legal or other. Website management will not take any action on behalf of the copyright holder or become involved in such disputes unless it specifically establishes that is in the interest of the website to do so. These website Terms and Conditions can be referenced by the copyright owner as supporting information in instances where infringements are challenged. It is the user's responsibility to ensure that the correct price is applied to the photo. Website management cannot be held accountable for lost potential earnings if unprotected photos are unintentionally accessed by website users that do not make the correct payment, if this occurs as a result of unintentional administrative error, software failure or criminal behaviour.

 

PRIVACY STATEMENT
User data stored on this website is restricted to user name and contact email. We will not pass on this information to any third parties without express permission of the user and we will not send mail for communications that are not important or relevant to the operation of this website.

This website uses "cookies", which are text files placed on your computer, to enable functionality of the website (e.g. saving shopping basket ) and tracking website users using marketing links to other promoted websites. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored on hosting servers in the United States . Spectator-Photos will use this information for the purpose of web functionality and traffic monitoring to the promoted sites. Spectator-Photos may also transfer this information to third parties where required to do so by law, or where such third parties process the information on behalf of Spectator-Photos. Spectator-Photos will not associate your IP address with any other data held. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Spectator Photos in the manner and for the purposes set out above.

Financial transactions are conducted using independant payment portal services (e.g. Paypal) and therefore any related financial transaction information is used and stored on their secure systems beyond the control of this website. The independant payment portal service providers have their own terms and conditions and these need to be agreed ahead of any financial transaction. Individual event participant information is, in general, restricted to competitor number that is visible in the photograph but may also include other publicly available event related details. Information that is displayed with the photograph is added at the discretion of the user uploading the images and therefore the image owner takes sole responsibility for content and accuracy of information displayed. Most events such as road races are held in public locations and there are not usually restrictions concerning taking photographs, Website management are not aware of any legal reasons that photos cannot be taken or posted on this website however it is ultimately the responsibility of the photographer to establish if specific laws are applicable that restrict taking and publishing photographs. Photographs taken in private locations may be subject to restrictions and special consideration should be taken to ensure that laws are adhered to. If there are concerns or objections about published photos, or people appearing in photos on the web, then website management can be advised by clicking on the 'report image' button when the picture is displayed (top) and sending a request to remove the image with the reasons. Alternatively website management can be contacted by email (webmaster@spectator-photos.com) with details of the image in question and the reasons for removal. This also applies to concerns about images containing pictures of children that cause concern to parents, guardians or officials. Website management reserve the right to remove images without consent of the regisered user (image owner).

 

AMMENDMENTS
Spectator Photos reserves the right to change or modify these Terms and Conditions or referenced guidelines at any time at its sole discretion. Changes or modifications will be effective immediately after the revisions are posted. Continued use of the site constitutes acceptance of the changes therefore frequent review of the terms of use is highly reccommended. If you do not agree with any changes stop using the website and services immediately and do not make any purchases.

 

INFRINGEMENT
User access to the website is at the sole discretion of website management. Infringement of the terms and conditions above, behaviour deemed unacceptable, users who infringe any intellectual property rights of others or any illegal activity will result in refusal of access and suspension of account. Pornographic material of any kind is prohibited from being displayed on this Web site. Material that may in any matter violate any law, regulation, or treaty, or infringes on the rights of any third party must not be uploaded or transmitted on this site. Defamatory, fraudulent, obscene material, or material that may harass or abuse others is not permitted. It is not permissible to transmit or post any materials that can be harmful to the security or integrity of the website or any of its users, including but not limited to materials such as viruses, software programs, or worms. It is not permitted to access accounts that they are not authorised to access. It is not permitted to misuse, transfer, sell, or otherwise disclose private information provided by other subscribers or visitors. It is deemed unacceptable behaviour to interfere with other subscribers’ or visitors’ use and enjoyment of the website services. It is not permissible to modify, adopt, or hack the website or modify any other website so as to falsely imply or make it appear that the website is associated with this website. Spam mailing site members and posting of information known to be false is prohibited.

As a site user you expressly agree that use of this site, including all content, data or software distributed, downloaded or accessed from the site is done so at your sole risk, including authorised or unauthorised material from other site users. You understand and agree that you will be soley responsible for any damage to your business or computer system (including loss of data) that may result from the download of such content, data or software.

 

ACCOUNT ACTIVITY AND PAYMENT FOR PHOTOS
As an account user you shall remain solely liable for the content of any messages or other information you upload or transmit to Spectator-Photos. You agree to indemnify and hold Spectator-Photos harmless from any claim, action, demand, loss or damages (including legal fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this end-user agreement, or your violation of any rights of a third party. By registering with this site, you appoint Spectator-Photos as your agent to process photo sales on your behalf according to the standard website sales process described herin. Subject to the terms and restrictions of this Agreement. Spectator-Photos will at all times hold your funds separate and will not use your funds for its operating expenses or any other operational purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose.

Site management reserve the right to hold funds beyond the normal holding period to ensure integrity of the funds if it identifies suspicious account activitiy and shall not be held responsible for payments made to unintended recipients or for payments made in incorrect amounts due to the input of incorrect information by users or unauthorised / illegal account activity. Spectator-Photos shall not be obligated to pay a user any amounts for which Spectator-Photos has not been fully paid by the website end customer.

Information about account holder photos sold and the earnings is posted in the "user profile" of the account holder. This information is updated regularly, however there may be a delay between the time the purchase is made and the posting of this information. Earnings are available 14 days after customer payment has cleared. Payments to users will be made using independant payment portal service facilities (e.g. Paypal), unless an alternative payment method has been specifically agreed, so it may be necessary for the user to open an account with the payment provider in order to accept payment of earnings (users can still sell photos but may not have a means of receiving their earnings). It is important that the email used in conjunction with the payment account (e.g. Paypal ) corresponds to the email registered on this site. Payments to users will only be made when account balances have exceded 50 GBP (or equivalent) or after a minimum of 6 months has lapsed since the last payment, the user is responsible for additional transfer fees that may be imposed by the independant payment portal service provider for withdrawing funds. If a user account remain inactive for a period of 12 Months the account will be suspended, it can be re-opened on request to site management however earnings not claimed from an inactive account may be forfeited after a 24 month period of account inactivity. It is the account holder's responsibility to maintain a valid email address and the account holder hereby specifically agrees that the email address registered with the account can be used as the sole means of communication with the user, in addition to generic messages posted on the website. Website management reserves the right to impose limits on site sales volumes and freeze or suspend any account in the system for an indefinite period if there is suspicion of any illegal activity taking place or for any other reason whatsoever.

 

LIMITATION OF LIABILITY
By using this site you agree to indemnify and hold harmless spectator photos, website management, affiliates, service providers, suppliers and agents from any breach of the conditions and terms of use or violation of any representations or warranties contained in this agreement. You further agree to indemnify and hold spectator photos harmless from any claims arising out of or relating to any materials that you submit or post on this website, or from any claims arising out of misuse of information provided to you by other subscribers or visitors.

Spectator-Photos has taken reasonable steps to ensure correct site functionality, accuracy and completeness of the content shown on this site to ensure that the user doesn't suffer any loss or damages as a result of the use of this site. Spectator-Photos assumes no responsibility for any damages suffered by a user, including but not limited to, loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of conent or email, network or system outages, file corruption or service interruptions caused by negligence or site user errors or ommissions. Spectator-Photos disclaims any warranty or representation that confidentiality of information transmitted through this web site will be maintained. Under no circumstances are site management liable for any direct, incidental, special, consequential or punitive damages arising from or in connection with the use or inability to use this site or any content provided through this site, or resulting from unauthorised access to or alteration of account information. including but not limited to damages for lost profits, use, data or other intangibles, even if site management has been advised of the possibility of such damages or risk. It is the user's responsibility to ensure that username and password are used responsibly and site management assumes no liability in connection with any actions taken by an individual using your username and password without your consent or knowledge or any cause which site management do not have direct control, including, but not limited to, problems attributable to computer hardware or software (including computer viruses).

Spectator-Photos shall have no liability in connection any photos, products, or otherwise, purchased or used as a result of the use of this site. It is expressly understood that the user is aware that Spectator-Photos provides a service to bring buyer and seller of images together and accepts no responsibility for the quality, suitability, legality or otherwise of the product purchased as a result of using this site. It is expressly expected that sellers of images are the ligitimate owners of copyright with full legal right to sell the images in line with the terms and conditions expressed herin. Spectator-Photos shall not be liable for any fraud, deception or misrepresentations by users of the service in any capacity whatsoever, or consequential damages resulting from such illegal activity, including the sale of images by parties that are not the legal owners or copyright holders. Where jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages liability is to be limited to the fullest extent permitted by law.

 

FEES & TAXES
Registering on Spectator-Photos website is free, additional (optional) features may be charged and the cost of these features will be communicated on request. An administrative fee of 30% is deducted from the earnings from photo sales. This fee is to cover the cost of financial transactions, hosting & administering the website as well as paying agreed third party commissions to event organisers, supported charities, etc. No charges or deductions are made for payment of local tax, it is the registered user's responsibility to assess their responsibility to pay any government taxes due on their earnings, declare and make any necessary tax payments. Spectator photos website acts as a platform and intermediary for photo sales and is not the direct seller. Website fees may be amended at any time at the sole discretion of website management

 

CHILDREN
Spectator-Photos does not sell photos or products offered for sale by children, or sell photos, products or services to children. If you are under 18, you may only use spectator-photos website with the involvement of a parent or guardian.

 

SECURITY
It is the user responsibility to ensure that account details are kept confidential. Website management cannot be held accountable for losses resulting from un authorised account access or other illegal activities. The site user is responsible for understanding that security relies heavily on the use of a username and password and undertakes to contact site management immediately that there is a risk that username and/or password have been compromised, or if someone has requested a payment from your account without your permission.

 

OTHER
You agree that any materials other than uploaded photographs, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information provided by you in the form of email or submissions to Spectator-Photos, or postings on this site, are non confidential and shall become the sole property of Spectator-Photos. Site management shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Site management reserves the right, without notice and in its sole discretion, to terminate your right to use this site, delete any user details and posted content, and to block or prevent future access to and use of this site. This includes but is not limited to users that post spam, advertising, non relevant or inappropriate material. Website management may also amend or delete usernames or other user postings that are deemed to be offensive, illegal or that falsely create the impression that the user represents a commercial entity or brand. 

If any provision of this user agreement is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from this end user agreement and shall not affect the validity and enforceability of any remaining provisions.

 

Last updated 21 April 2016