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 AND DO NOT
MAKE ANY PURCHASES
OVERVIEW
This web site was
launched with the aim of providing an opportunity for photographers to upload
their own event photographs and share them with event participants. Photos 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 information about the camera used). For
reasons of practicality, images that are for sale can only be viewed and
downloaded in full only after making the relevant payment. Purchases must be made
solely on the basis of the information provided, 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, spector-photos are not involved in the operation of these
businesses and any questions or issues regarding service of these parties must be
raised directly with the parties.
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 subscriber) 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, 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 this site
management who will in turn contact the copyright holder 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 thesite.
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 permission, website copyright restrictions are still applicable to these images. 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 left accessible to website
users without making the correct payment, if this occurs as a result of unintentional administrative error, software failure or criminal behaviour.
PRIVACY STATEMENT
Personal 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
Paypal
and therefore any related financial information is used and stored on
Paypal secure systems beyond the control of this website. Paypal have their own
terms and conditions and these need to be agreed ahead of any financial
transaction. Individual participant information is, in general, restricted to
competitor number that is visible in the photograph. 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 right) 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. 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 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.
ACCOUNT ACTIVITY AND PAYMENT FOR PHOTOS
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 Paypal
facilities so it is necessary for the user to open an account before requesting
payment of earnings (users can still sell photos before opening a Paypal account but do not have a means of claiming earnings).
It is important that the email used in conjunction with
the Paypal account corresponds to the email registered on this site. Payments
to users will only be made when account balances have exceded £50 or after a
minimum of 6 month intervals. 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.
FEES & TAXES
There is no charge for registering to use the spectator-photos website. An administrative fee of 15% is deducted from the earnings from photo sales.
This fee is to cover the administrative costs for running the website as well as covering the costs of financial transactions by credit cards, paypal transactions, 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.
CHILDREN
spectator-photos.com 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
OTHER
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.
Website management have the right to amend or delete usernames that are deemed to be offensive, illegal or that falsely create the impression that the user represents a commercial company or brand.