"You" means the member and/or user of the Site. "The Guild", "we", "us" and "our" means The Guild of Professional Photographers which trades as the Guild of Photographers. "Site" means the Guild of Photographers related site on the World Wide Web located at www.photoguild.co.uk. "Content" means the information and other material available within the Site.
By joining the Guild, you agree to these terms and conditions. If you do not agree with these terms and conditions then you need to inform us immediately and cease your membership and not utilse this Site.
- Benefits of membership may change during the period of membership.
- Members must keep their email, phone and postal address contact details up to date on their profile, and notify us of any changes.
- The Guild accepts no responsibility for the actions of its members.
- The Guild agrees to act as mediator between members and their clients if required, but takes no responsibility for the actions of either party or the outcome of any mediation.
- Complaints by members' clients will be monitored and may lead to expulsion from the Guild if deemed to be detrimental to the overall image of the Guild and/or its members. The balance of any pre-paid fees, less £35 to cover administration costs and the value of any joining benefits, will be refunded in such a case.
- The Guild reserves the right to terminate membership where it believes it is appropriate to take this action. No reason needs to be given. The balance of any pre-paid fees, less £35 to cover administration costs and the value of any joining benefits, will be refunded in such a case.
- Any suggestions, advice or information given to members is given in good faith, however, the Guild is not accountable for the results following any such suggestions, advice or information.
RIGHTS GRANTED/RIGHTS RESERVED
The Content of the site is for your personal use only, and you may download the Content onto only one computer hard drive. You agree not to (and agree not to assist or facilitate any third party to) copy, distribute, transmit, reproduce, publish, commercially exploit or create derivative works from the Content.
AVAILABILITY OF THE WEBSITE
You acknowledge that it is technically impossible to provide the Site free of faults 100% of the time and that we do not undertake to do so; that faults may lead to the temporary unavailability of the Site; and that the operation of the Site may be adversely affected by conditions and performances outside our control, including, (without limitation), transmission and telecommunications links between us and you and between us and other systems and networks. We and/or our suppliers may make improvements and/or changes in the Site at any time.
The Site and the Content is provided on an "as is" and "as available" basis and we make no warranties or representations, whether expressed or implied, in relation to the Site or the Content, including but not limited to implied warranties or conditions of completeness, accuracy, satisfactory quality and fitness for a particular purpose. You further acknowledge that some of the Content is supplied to us (directly and indirectly) by third parties and accordingly we can offer no warranty of whatever nature in relation to such Content.
- Membership shall be seen as a 12 month contract effective from the date of application and the fees for that 12 month period will be due at the appropriate overall cost determined by selected payment method at the time of joining.
- In accordance with the Consumer Contracts Regulations 2013 there is a 14 day cooling off period after joining the Guild. No use of any downloads can be used until that point without waiving that right. Consumers will not have a right to cancel once a download has started.
- A new 12 month membership contract shall be deemed to have commenced on each anniversary of the joining date and the fees for that 12 month period will be due at the appropriate overall cost determined by selected payment method at the time the renewal is undertaken.
- A member may cancel their membership contract with the 'Guild' by giving at least 1 month's clear notice in writing, and subject to the 12 months contractual term of membership referred to in Rule 1 above. Such notice shall not be deemed to have been received unless posted and 'signed for' on delivery or acknowledged by an email from the Guild, with the effective date for membership cancellation being the 'signed for' date or the date the Guild acknowledgement email is sent. No refunds will be given for any membership pre-payment that has been made and the withdrawing member will be liable for any unsatisfied dues or commitments towards the 'Guild' in the remaining part of the 12 month contractual period, unless otherwise agreed in writing (the latter being subject to an an administration fee of £35 to cover associated costs). If a member cancels their contract in the month after their renewal date any monies paid will be refunded minus an administration fee of £35 to cover associated costs.
- Should a member not be in a position to make a payment at a due date they should contact the Guild ideally in advance, and we will try to assist. Should a member not make a payment at a due date, the Guild will attempt to contact the member by various means including sending notification to the member's email address as listed on the Guild's website by the member, and by post to the listed postal address. If no payment to rectify the arrears is received within 28 days, the Guild may pass the matter over to a Debt Collection Agency to follow up. A fee of £35 will be added to the outstanding amount at this point to cover associated administration costs and fees. Any additional costs incurred thereafter as a result of the debt collection process will also be the liability of the member.
- When membership of the association is purchased it is accepted that the benefits of membership may change during the period of membership acquired. Whilst every effort will be made to maintain or enhance them none are guaranteed as they are constantly subject of review, plus circumstances sometimes change beyond the control of the Guild. Benefits may therefore be added or removed at any time and any imposed charges for services can be varied at any point as deemed necessary by the Guild.
- The Guild's Membership levels are subject to review and dip-sampling. With justification a membership level may be withdrawn and will expire on leaving the Guild because the monitoring cannot continue.
- Resigning members shall also forfeit all other benefits and interest in the 'Guild' with effect from their withdrawal date (eg logos cannot be used, membership certificates must not be displayed, and use of 'Pro' Membership services and the Discount scheme must cease). Membership misrepresentations and use of services to which one is not entitled could be in breach of the law.
- Every member shall at all times behave in such a manner befitting his professional status and the reputation of the 'Guild'
- Every member shall exercise professionalism, care and diligence in the discharge of duties for clients and will fulfil the obligations of any contracts agreed with them, other than subject to matters outside their control.
- All members who have achieved 'Qualified' status or higher must maintain Professional Indemnity and Public Liability Insurance.
- A member will not lay claim to any membership level, award or distinction that has not been properly achieved.
- A member may only use the Logos of the 'Guild', which they subscribe to and are qualified for. If using the Logo/s on a web site then a hyperlink to the 'Guild' website(s) must be created.
- Photographic competitions are open to all members unless otherwise stated. The entrant acknowledges that their entered image may be utilised by the Guild or it's Directors without charge for promotional use or in online or printed publications/books of any type. It is the responsibility of the entrant to ensure that any submitted images have all relevant consent to be utilised in these ways.
- Members agree to receive occasional updates via email
- All members agree to abide by the Guild's rules and Code of Conduct.
All fees payable by you for membership of the Guild or any associated Services shall be in accordance with the rates published on our web site, errors and omissions excepted, and shall be due and payable for provision of membership or Services in advance of any Fixed Contract Period. We reserve the right to alter the prices and/or pricing structure, including ceasing to offer elements of the current Guild Services. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services. You are strongly advised to monitor our website for any alterations of the Pricing Structure.
In no event (except for death and personal injury arising from our negligence) shall we be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site whether based on contract, tort, negligence, statutory duty or otherwise, even if we or any of our suppliers has been advised of the possibility of such loss or damage.
Your statutory rights in relation to any goods or services purchased through the Site are not affected.
LINKS TO THIRD-PARTY SITES
This Site contains hyperlinks to other web sites. You acknowledge and agree that we are not responsible for the availability of such external sites, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites. You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by us or third parties via the Site and that we will not be a party to or in any way responsible for any transactions between you and third parties.
You acknowledge that all copyright, trademarks and all other intellectual property rights in the Content shall remain vested in us or our licensor's.
You are responsible for the security and proper use of all user names and passwords used from time to time in connection with the Site and must take all necessary steps to ensure that they are kept confidential, secure, used properly and not disclosed to unauthorised people.
You must immediately inform us if there is any reason to believe that a user name or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
If you forget or lose a password or user name you must contact us and satisfy such security checks as we may operate.
We reserve the right to suspend user name and password access to the Site and the Services if at any time we consider that there is or is likely to be a breach of security.
We reserve the right (in our sole discretion) to require you to change any or all of the passwords used by you in connection with the immediate Site.
You must inform us of any changes to the information you supplied when registering for the Site.
PURCHASE OF GOODS OR SERVICES FROM THIRD PARTIES
We will use our reasonable endeavours to indicate whether goods or services which are advertised on the Site are being offered for sale by us or by a third party. Goods are offered by a third party ("Third Party Goods") where:
(i) the Site contains a link to a third party site where you may choose to purchase any goods or services offered for sale on that site (whether or not such goods or services are advertised on the Site); or
(ii) you may make an enquiry with us regarding goods or services offered by any third party, we then pass that enquiry on to the relevant third party or you contact that third party yourself, and you may subsequently decide to purchase such goods or services.
Where you choose to purchase Third Party Goods, the contract governing such purchase shall be between you and the relevant third party and on the standard terms and conditions (if any) of such third party for the purchase of such goods or services.
You agree and acknowledge that you are solely responsible for evaluating Third Party Goods. You acknowledge any bookings or purchases of Third Party Goods made by you through the Site shall be subject to terms and conditions of the third party supplying the goods and/or services concerned and that we will not be a party to or any way responsible for or liable to you in respect of any transactions between you and third parties.
We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.
- Please ensure that you own the rights to the pictures you submit for reproduction and that you have obtained any relevant permission to use them in this way.
- Regrettably, we will be unable to reproduce photographs for which you have not obtained the relevant consents.
- You agree and undertake with Guild of Photographers that you are the owner of the copyright in, or have authority to use, any material that you send to us for reproduction. We accept no responsibility with regard to this.
These terms and conditions are governed by the laws of England and you hereby consent to the exclusive jurisdiction of the English courts.
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
- The Service may continue to change over time as we refine and add more features. We may also stop, suspend, or modify the Service at any time without prior notice to you. We may also remove any content from our Service at our discretion.
Activation, Your Files and Privacy
- You may commence the use of the Service by uploading your files. You will be sent an activation email following activation as long as you have provided us with a valid email address.
- We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing your files at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Service, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Service. This permission also extends to trusted third parties we work with to provide the Service.
- We may choose to review public content for compliance with our community guidelines, but you acknowledge that the Guild of Photographers, nor any third part service providers it utilises, have no obligation to monitor any information on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Service.
Software and Updates
You are responsible for safeguarding the password that you use on your Guild Back-Up account to access the Service (the "Account") and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorised that activity. You should immediately notify the Guild of Photographers of any unauthorised use of your Account.
Your General Responsibilities
- Files and other content in the Service may be protected by intellectual property rights of others. Please do not copy, upload or download files unless you have the right to do so. The Guild of Photographers and any associated third party suppliers reserve the right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload or download such files. You, not the Guild of Photographers, will be fully responsible and liable for what you copy, upload, download or otherwise use while using the Service. You must not upload spyware or any other malicious software to the Service.
- You, and not the Guild of Photographers or any connected third party service providers, are responsible for maintaining and protecting all of your files. The Guild of Photographers will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
- If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.
You agree not to misuse the Service. For example, you must not, and must not attempt to, use the Service to do the following things -
- Probe, scan, or test the vulnerability of any system or network
- Breach or otherwise circumvent any security or authentication measures
- Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service
- Plant malware or otherwise use the Service to distribute malware
- Access or search the Service by any means other than our publicly supported interfaces (for example, "scraping")
- Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including "spoofing" or "phishing"
- Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or Services other than your own without appropriate authorisation
- Impersonate or misrepresent your affiliation with any person or entity
- Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred
- Violate the law in any way, or violate the privacy of others, or defame others.
In accordance with the Digital Millennium Copyright Act of 1998, the Guild of Photographers will respond expeditiously to claims of copyright infringement committed using the Guild of Photographer's Back-Up service
ADDITIONAL APPLICABLE TERMS
- The Guild of Photographers Backup Package is subject to the condition that the data being backed up is stored on the internal hard drives of devices that are not classified as External Storage Devices.
- The Guild of Photographer's Back-Up Service is not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from whilst the Software is running. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
- You must at all times run the Software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Our service provision will remove backups for computers that have not connected to the service for 30 days.
- If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
Limitation of Liability
The Back -Up Service is provided at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infingement. The Guild of Photographers will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service or Software (excepting that some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you if you reside there). To the fullest extent permitted by law, in no event will the Guild of Photographers or any utilised service providers be liable from any (A) indirect, special, incidental, punitive, exemplary, or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not the Guild of Photographers or its partners have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose, (B) aggregate liability for all claims relating to service for an amount greater than the cost paid for the service during the past 3 months. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
- Any fees payable by you for the Service shall be in accordance with the scale of fees and rates published on our web site (our "Pricing Structure"), errors and omissions excepted, and shall be due and payable for provision of the Service in advance of each Fixed Contract Period.
- The Pricing Structure for non-members is based upon usage as per the Terms and Conditions. We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Service. By continuing to access or use the Service after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Service. You are strongly advised to monitor our website for any alterations of the Pricing Structure.
- In the event that your actual usage increases so that you exceed your Usage Limit, then we reserve the right charge you for the additional disc space required or to migrate you to a higher Usage Limit (collectively a "Migration") prior to the end of the Fixed Contract Period, consistent with your increased actual usage. We are not obliged to contact you prior to a Migration, however such Migration is likely to incur additional fees for you under the Pricing Structure. If you do not agree to the Migration decision, you must then notify us that you want to revert to the previous Usage Limit and take the required steps to effect this change. Please note that if your actual usage is such that you exceed the highest available Usage Limit available at that time, then it is possible that no such Migration is possible, and we reserve the right to terminate the Service without notice to you as detailed below.
- You can stop using our Service any time. If paying directly for the service this must be by contacting us in writing at least 1 week prior to the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop using our Service will not be refunded to you.
- We reserve the right to suspend or terminate this Service at any time, without cause, with or without notice to you. This will automatically be done for anyone who cancels their Guild membership or falls behind with any membership payments. At our sole discretion, we may refund the unused portion of any fees for each Fixed Contract Period directly paid for the Service on a pro-rata basis.
- use the Service in any way that would cause us legal liability or be deemed a use for an illegal purpose
- use the Service in such a manner that has the effect of disrupting others' use of the Service
- act in conflict with a court order, or our providing the Service to you is in breach of a court order
- represent a danger to the best interests of other customers or third-parties
- exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit
- fail to disclose the number of devices on which you are running the Guild Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives (collectively "External Storage Devices") or otherwise
- use the Service in a manner that results in excessive bandwidth usage, as determined by us or our partner service suppliers
- directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Service or manipulate Service in any manner not specified by us
- use the Service to store, backup or distribute material protected by intellectual property rights of a third-party unless you own or have appropriate rights to such material;engage in activity that damages or is likely to damage our tangible or intangible assets
- or otherwise act in breach of the terms of our or our partners Acceptable Use Policy.
If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to resolve such issues and re-instate the Service, and failing such resolution, we may be able to help you retrieve your files, however there may be an additional cost to these additional efforts and we will notify you of this fee before commencing same.
These terms and conditions are governed by the laws of the country you are working in, and you hereby consent to the exclusive jurisdiction of the English courts.
Each provision of these terms and conditions excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision
The Guild of Photographers is the Trading name of the 'Guild of Professional Photographers Ltd. Registered in England. Registered Office - 76 Moorland Road, Burslem, Stoke On Trent, Staffs ST6 1DY
Company Registration Number 06997478. Vat Reg'd Number 176091109