Blipfoto.com

The daily photo journal

Legal

THIS PAGE (TOGETHER WITH THE DOCUMENTS REFERRED TO ON IT) SETS OUT THE TERMS ON WHICH YOU MAY USE OUR WEBSITE, WWW.BLIPFOTO.COM, (OUR SITE), WHETHER AS A GUEST OR A REGISTERED USER. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE OUR SITE. BY USING OUR SITE, YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE AND THAT YOU AGREE TO ABIDE BY THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE REFRAIN FROM USING OUR SITE.

Information about us

www.blipfoto.com is a site operated by Blipfoto Limited ("we"/"us") and may be accessed through the Internet. We are a company incorporated in Scotland with company number SC327482 and have our registered office at Blipfoto Limited, The Matrix, 62-66 Newhaven Road, Edinburgh EH6 5QB.

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us. When registering with our site, you must provide us with accurate, current and complete information. In particular, you must give us your real name. You also undertake to maintain and update such information so that it at all times remains accurate, current and complete.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You undertake to inform us immediately of any actual or suspected loss, theft or unauthorised use of your user identification code or password. We will not be responsible for any loss to arising from any unauthorised use of your identification code or password or from your failure to comply with the foregoing.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

When using our site, you must comply with the provisions of our Acceptable use policy and our Contributor rules.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Use of site

OUR SITE AND THE SERVICE WE PROVIDE ON OUR SITE ARE DIRECTED TO PERSONS AGED 13 YEARS OF AGE AND OVER. IF YOU ARE UNDER 13 YEARS OF AGE PLEASE REFRAIN FROM ACCESSING OR USING OUR SITE.

The site and the service are for personal, non-commercial use only.

Intellectual property rights

We do not claim or have ownership in any of the materials which you submit, post or display on or through our site. You retain ownership in such materials and you are free at all times to use your own materials as you see fit.

By submitting, posting or displaying materials on our site, you hereby grant to us a non-exclusive, perpetual, worldwide and free licence to use, publish, display, reproduce, modify and distribute such materials on and through our site and for the promotion, marketing and advertising of us and our site (and to permit others to do the same on our behalf).

You warrant, represent and undertake that you own or otherwise have the right to submit, post or display the materials made available by you on or through our site and that the submission, posting or display of such materials does and will not infringe the rights of any person.

We are the owner or the licensee of all other intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world.

You may print off and download extracts of any page(s) from our site for your personal reference and use and you may draw the attention of others to material posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Commercial use

If we are contacted by a third party seeking permission to use for commercial purposes any of the materials which you have submitted, posted or displayed on our site, we will endeavour to contact you and seek your permission. If we are unable to contact you or if you do not agree to the proposed commercial use of such materials, then no such use will be permitted by us. If, however, you agree to such use, we reserve the right to charge a fee for facilitating the commercial exploitation of the materials.

Trade marks

"blipfoto", "blipfoto.com" and "blipblog" are trade marks of Blipfoto Limited.

Infringement of intellectual property rights

If you believe or suspect that any material on our site infringes the intellectual property rights of any other person you must let us know immediately.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.  In addition, any views expressed by our employees, agents, consultants or sub-contractors, whether through their individual journals, comments, forums or otherwise, are their own and do not reflect the views or opinions of Blipfoto Limited.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Termination

We reserve the right, in our sole discretion, to suspend or terminate your use of the site and our service at any time, with or without notice. Your account may be suspended or closed if we are of the opinion that you have at any time brought us or our site into disrepute.

In such circumstances we may remove (but are not obliged to remove) the materials which you have submitted, posted or displayed on our site. These terms will continue to apply to your previous use of our site and service.

Our liability

Your use of the site is at your sole risk. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We do not warrant that our site and service will meet your requirements or that it will be uninterrupted, error-free, timely, or secure or that defects or errors will be corrected. You are responsible for making and retaining copies of any materials which you submit, post or display on our site.

To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or otherwise.
  • Any liability for any direct, special indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind (in each case whether or a direct or indirect nature), however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.
  • All responsibility and liability for the conduct of other visitors to our website.

Under no circumstances shall our aggregate financial liability to you arising out or in connection with your use of our site and service exceed ONE HUNDRED POUNDS STERLING (£100).

The foregoing does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We take your privacy seriously. We process information about you in accordance with our Privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with our Acceptable use policy and our Contributor rules. You warrant, represent and undertake that any such contribution will comply with those standards, and you hereby hold harmless and indemnify us for any breach of our Acceptable use policy and our Contributor rules.

Any material you upload to our site will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any material submitted, posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy or otherwise breaches applicable law.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right, but not the obligation, to remove any material or posting you make on our site if, in our opinion, such material does not comply with our Contributor rules or the content standards set out in our Acceptable use policy. We have no obligation to check the lawfulness or accuracy of any material or posing you make nor to monitor your use of our site.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You are not permitted to use any robot, spider, other automatic device or manual process to monitor or copy all or any part of our site or the material published on it.

Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable use policy.

You are not permitted to hotlink (or "inline" or "direct" link) to our site's files, for example by using an <img> tag to display a JPEG image on our site in such a way that it will appear on another site.

If you wish to make any use of material on our site other than that set out above, please contact us.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. Your continued use of our site and service represents your acceptance of any such changes.

Governing law and jurisdiction

These terms of use (together with the documents referred to on this page) are governed by Scots law.

The Scottish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

Your concerns

If you have any concerns about material which appears on our site, please contact us.

Thank you for visiting our site.