Terms and Conditions
The following terms and conditions will govern your use of the prints and JPEGs of photographs and images supplied to you by PA (“Images”). Please read them carefully before proceeding to order an Image from us. You will be legally bound by them whether or not you choose to read them. By ordering an Image from us, you will be taken to have read, understood and accepted these terms and conditions in the same way as if you had signed a printed version. If you do not accept these terms and conditions, do not order an Image from us.
1. The Images are owned PA Photos Limited (registered in England No. 3891060, having its registered office at PA Images, The Point, 37 North Wharf Road, Paddington, London, England, W2 1AF) (“PA”) or its licensors. The Images and all related rights shall remain the exclusive property of PA and its licensors.
2. By placing an order for an Image with PA, you warrant that you are at least 18 years old and legally capable of entering into a binding contract.
3. You may only use any JPEG Image to create prints for your personal use and/or as a screen saver on your personal desk top, lap top and other personal electronic or digital devices.
4. You may only use any Image print for your own personal use and may not make copies of it.
5. You may only use the Images for your personal, non commercial use. You may not distribute or commercially exploit the Images. This includes that you may not publish, reproduce (which includes placing on an electronic bulletin board, blog, social media site, corporate intranet or the Internet), display in public, display in business premises, communicate to the public, license, sell or otherwise distribute any Image without PA’s express prior written permission to do so.
6. You may not edit, adapt or change the Image without PA’s express prior written permission.
7. You will indemnify and keep indemnified PA against all loss, damage and expense (including any legal and other professional expenses) incurred or suffered by PA directly or indirectly arising (in whole or in part) from any use, reproduction or distribution by you (or any person authorised or permitted by you) of any Image in a manner not authorised by these terms and conditions.
8. All prices stated are inclusive of any applicable VAT or other sales taxes, which shall be added to the sum payable by you to PA. PA will not send you the Image until payment has been received as cleared funds. All fees are non-refundable once the Image has been sent to you by PA.
9. PA’s liability arising in connection with any Image ordered by you from PA shall be limited to the sum you have paid to PA for that Image. PA shall not be liable for any loss of profits, loss of revenue, loss of or damage to goodwill, loss of contracts, loss of customers or any indirect, special or consequential loss (even if we have been advised of the possibility of such loss). Nothing in these terms and conditions limits PA’s liability: (a) for fraud, (b) for death or personal injury caused by PA’s negligence or that of PA’s servants or agents, or (c) in relation to any other liability which cannot be excluded or limited by law.
10. PA does not accept any liability for failures or breakdowns in network connections and/or end-to-end connectivity across the Internet and/or performance problems experienced on any Internet or other networks outside PA’s direct control nor for any failures, interruptions, delays or other matters of a similar nature arising out of circumstances beyond its reasonable control.
11. All of the terms that have been agreed between you and PA in relation to the supply and licensing of the Images are contained in these terms and conditions. No other terms shall apply unless expressly agreed otherwise in writing. You acknowledge that you have not relied on any representation made by PA that has not been set out in these terms and conditions. No amendments to these terms and conditions shall be effective unless in writing and signed by an authorised signatory on behalf of each party.
12. PA may assign, sub-contract, sub-license or otherwise transfer its rights or obligations under these terms and conditions. You may not assign, sub-contract, sub-license or otherwise transfer your rights or obligations under this Agreement without the prior written consent of PA.
13. If any provision of these terms and conditions is held to be void or unenforceable in whole or in part, the terms and conditions shall continue in force in relation to the unaffected provisions and the remainder of the provision in question.
14. These terms and conditions shall be governed by English law and each of the parties hereby submits to the jurisdiction of the English courts.
15. Nothing in these terms affects your statutory rights as a consumer.