Website user Terms and Conditions

Effective April 21st 2016, replaces previous version

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR AGREEMENT TO, AND COMPLIANCE WITH, THE TERMS AND CONDITIONS SET FORTH BELOW.

PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.

YOUR USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AND YOUR CONTINUED USE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS IN EXISTENCE AT THE TIME OF YOUR USE.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE.

 

  1. DEFINITIONS

Thephototeam.co.uk will from here on be referred to as “The Photo Team”.  All pages within this website and any material made available for download will from here on be referred to as the “Website.”

The term “Visitor” will from here on refer to anyone accessing the Website.

“You” and “Your” will from here on refer to any Visitor of The Photo Team website.

The term “Photographer” refers to those who enter into an agreement with The Photo Team to provide photography in exchange for payment via The Photo Team.

The term “Purchaser” refers to any Visitor of The Photo Team purchasing photographs or products via The Photo Team.

 

  1. INTRODUCTION AND AGREEMENT TO TERMS

The Photo Team is a photography company which offers all kinds of photography services, where visitors may browse and purchase photographs. The website is a eCommerce-enabled showcase of digital images created by photographers working on behalf of The Photo Team and associated brands and presented for viewing and acquisition by visitors. By using this website, visitors agree to abide by all the General Terms and Conditions as set forth in ALL the sections.

 

III. GENERAL TERMS AND CONDITIONS

The Photo Team reserves the right to modify or add additional conditions to the General Terms and Conditions at any time. Please check for updates to the User Agreement. Our User Agreement will indicate the date on which we published it and it came into force. For 30 days after introducing a revised version of the User Agreement we will indicate on our home page and on the account dashboard at login that a revised User Agreement has taken effect and applies to your use of the website. Your continued use of the website shall constitute your acceptance of the User Agreement in effect at the time of your continued use.

By accessing this the gallery you hereby assign and grant The Photo Team and its legal representatives the irrevocable and unrestricted right to use and publish photographs at the premises of the client or in which the client may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases The Photo Team and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that The Photo Team may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by The Photo Team.

Except for Photographer content described above, Visitors grant to The Photo Team a royalty-free, perpetual license to use all rights, including copyright, in content that they upload to the Website, such as comments about this Website or about content uploaded by Photographers, or comments submitted as guest entries. The Photo Team reserves the right to amend, redact and/or delete comments for any reason.

All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organisation, or arrangement of content on this Website, is the property of The Photo Team or its licensors or suppliers.

All pages within this Website and any material made available for download are the property of The Photo Team, and while displayed on the website all images will be protected by digital encryption and digital watermarks. The Website is protected by government and international copyright and trademark laws. No portion of the materials on this Website owned by The Photo Team may be reprinted, republished, modified, or distributed in any form without the express written permission of The Photo Team. You agree that you shall respect our intellectual property rights and the intellectual property rights of others. You also agree that you shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these terms and conditions or any applicable end user license agreements are reserved by The Photo Team.

Content Disclaimer, Complaints, and Notifications of Claimed Copyright Infringement

The Photo Team cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this Website. If your photograph or trademark appears on this Website without Your consent and you wish to have it removed, please contact The Photo Team and provide the URL to the photograph in question. Please state the reason why you would like it removed and The Photo Team will make a reasonable effort to resolve the issue with the Photographer.

By entering the online gallery, you agree to join our mailing list, if you wish to unsubscribe, please send an email to info@thephototeam.co.uk, or unsubscribe by clicking the link at the bottom of the email.

Please send this information to The Photo Team – info@thephototeam.co.uk.

The Photo Team has a policy of terminating the account of any person who has been determined to be a repeat copyright infringer.

 

Trademark Notice

The Photo Team, thephototeam.co.uk, Openphotobooths.co.uk and Eventspaparazzi.co.uk and the aperture are logos, trademarks, and service marks of The Photo Team Photography Ltd. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

 

Purchase Terms

Purchasers acknowledge that physical products purchased through this Website are purchased for personal use only and are custom made to purchaser’s order and have no market beyond purchaser’s purchase thereof.

Purchasers may not reproduce, scan, display, transmit, distribute, modify, alter or otherwise exploit the physical products, or any portion thereof, for commercial use or in any manner, without the prior written consent of photographer or a representative of The Photo Team Photography Ltd.

Purchasers acknowledge that products (including digital products) purchased through this website are purchased subject to the terms set forth, and the acquisition of a copy of a work (digital or not) does not itself convey any rights under copyright or other laws to exploit the work. Purchasers acknowledge that The Photo Team provides NO warranties for ANY digital product license. All digital product licenses are entered into by photographers and purchasers at their own risk.

 

NO REFUNDS WILL BE GIVEN UNDER ANY CIRCUMSTANCES FOR PICTURES PURCHASED, please contact accounts@thephototeam.co.uk if you have any issues relating to payment.

 

Warranty Disclaimer

THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE PHOTO TEAM DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. THE PHOTO TEAM DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM THE PHOTO TEAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

YOU AGREE THAT THE PHOTO TEAM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. THIS LIMITATION OF REMEDIES IS PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU AGREE THAT THE PHOTO TEAM SHALL NOT BE HELD LIABLE FOR THE ACCIDENTAL LOSS OF PHOTOS, CORRUPTION OF DATA SUBMITTED, OR THE COPYING OF PHOTOS BY ITS USERS OR UNAUTHORIZED USERS. IN ANY EVENT THE LIABILITY OF THE PHOTO TEAM, ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, VENDORS AND SUPPLIERS IS LIMITED TO THE LIFETIME AMOUNT PAID BY YOU FOR SUBSCRIPTION FEES ONLY EXCLUDING ANY PRODUCTS ORDERED THROUGH THIS WEBSITE OR ANY OTHER FEES. THE LIFETIME AMOUNT OF YOUR SUBSCRIPTION FEES PAID WILL BE DETERMINED AT THE SOLE DISCRETION OF THE PHOTO TEAM.

 

Although The Photo Team attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorised additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform The Photo Team so that we can take appropriate action. Information contained on the Website may be changed or updated without notice.

Risk of Loss

All items purchased through The Photo Team and shipped to purchaser by The Photo Team are subject to a shipment contract under which the risk of loss and title for such items pass to purchaser upon The Photo Team’s delivery to a shipping carrier.

Indemnity

You specifically agree to indemnify and hold harmless The Photo Team, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers from any claims, demands, causes of action, judgments, liabilities, losses, and expenses arising from

(1) Your breach of these terms and conditions or violation of any representations or warranties contained in this agreement;

(2) any materials that You submit or post on this Website; or

(3) Your misuse of information provided to You by other Visitors. The indemnity provisions contained in this section include but are not limited to reasonable solicitor’s fees and court costs.

Prohibited Material and Activities

The Photo Team reserves the right to refuse material and activities or to remove any material and activities from the Website in its sole discretion. All material of any kind that we deem pornographic in our judgment is prohibited from this Web site. The Photo Team may, in its discretion, but is not obliged to, allow images that contain nudity if they exhibit artistic or other social value and are not pornographic.

Furthermore, You agree that You shall not (1) transmit or post to The Photo Team or the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments 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; (4) access any account that does not belong to You without the authorization of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to You by other subscribers or visitors; (6) interfere with other Visitors’ use and enjoyment of the Services or the Website; (7) modify, adapt, or hack The Photo Team or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with The Photo Team; (8) spam other The Photo Team users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to The Photo Team users, including but not limited to any false or misleading advertising or coupons.

You agree that The Photo Team does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website.

The Photo Team reserves the right to prohibit access of any Visitor in its discretion.

Links To and From the Photo Team

You agree not to portray The Photo Team or any of the products or Services provided in a false or misleading manner. You further agree not to link to this Website for any purpose or in any way that is defamatory, fraudulent, indecent, or damages the name or reputation of The Photo Team.

The Photo Team makes no representations whatsoever about any other site that you may access through this Website. When you access a non-The Photo Team Website, you understand and agree that it is independent from The Photo Team, and that The Photo Team has no control over the content on that site. In addition, you understand that a hyperlink to a non-The Photo Team site does not mean that The Photo Team sponsors, is affiliated with, or endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You agree to accept all responsibility and any liability stemming from you’re following or providing a link to another site, including where you’re following or providing a link to the other site may lead to infringement of a copyright owned by another.

Additional Terms & Conditions Specific to Open Photo Booth, particularly the FREE Attendance Service.

This is a booking agreement between The Photo Team and the client booking event photography.

The Photo Team Photography Ltd are being booked to provide services at your event. You are entering in to a contract with The Photo Team Photography Ltd so please read the following terms and conditions carefully. If there are any areas you wish to discuss please do not hesitate to contact us – 0800 689 1001.
The Photo Team Photography Ltd will provide the best photography service possible where possible.
Our photographers will work to your brief or in the absence of a brief we will work in a professional manner to achieve the best results from your event. The Photo Team Photography Ltd agrees to attend your event upon confirmation of this booking form, subject to availability. Confirmation will be sent email. The Photo Team Photography Ltd will only accept bookings via a booking form, the event will only be confirmed when you have received written confirmation, confirming all the details of your event via email, until this is received please do NOT assume we will attend your event. Apart from serious circumstances beyond all reasonable control, once your booking is confirmed we will attend. When on-site, our teams will act professionally and always abide by health and safety guidelines. Our electrical equipment is PAT tested where required. The Photo Team Photography Ltd carry a minimum £5m Public Liability Insurance. If you have any questions please do not hesitate to ask prior to signing/emailing and returning this document – 0800 689 1001.
Thank you for taking the time to read this document and thank you for booking with The Photo Team Photography Ltd.

1. Representatives of The Photo Team Photography Ltd are the only professional photographers allowed to attend the event taking portraits for commercial gain. Should any other professional photographer request permission to take photographs for whatever reason, we ask that you consult with ourselves prior to permission being granted. Exceptions will include dedicated photographers for the bride or groom parties who are there to develop an album of the wedding.

2. You agree to insist any other professional or commercial photographer refrains from taking photographs of our studio and printing station set ups.

3. The Photo Team Photography Ltd will only attend bookings where an online booking form has been completed.

4. The Photo Team Photography Ltd will post all photographs from the event on our web site for further review and purchase by the guests/members.

5. The Photo Team Photography Ltd may distribute leaflets at the event to promote our services and after the event sales.

6.  By accessing any of the galleries via our website, all terms and conditions of our website are agreed to, we are sympathetic to parent’s feelings regarding publication of photographs of minors on the internet and will remove any photographs without question. Please identify any photographs to our staff and these will not be published.

7. The Photo Team Photography Ltd requests that you promote our attendance during the event via any available public address system and or DJ.

8. The Photo Team’s best position for our studio is in the same area as the main function or bar area, not in a side room or out of the way location. Failure to provide a position that is agreeable with The Photo Team Photography Ltd will constitute cancellation on your part and the full cancellation fee becomes payable.

9. Our studios need a minimum of 2x3m space to ensure we can set up. It is the responsibility of the person making the booking to ensure sufficient space is allocated for our photography team. This must be clear of any obstructions such as fire escapes and stairs. PLEASE NOTE, The Photo Team will NOT under any circumstances use equipment/backgrounds which are supplied by the venue/client without prior agreement. The cancellation fee of £150, will be applied if terms and conditions are not met.

10. CANCELLATIONS: Should you cancel your event a cancellation fee of £150 will be applied (unless cancelled 12 weeks prior to the event), while it is unlikely, if circumstances beyond our control mean that The Photo Team have to cancel a confirmed booking, no substitute will be provided nor will any compensation be payable to the client.

11. Our Free attendance service is for events with over 200 guests only (excluding roaming photography), this number is sufficient to generate sales to cover our costs. The cost of our attendance when numbers are below 200 guests is £150. In return we will provide you with 10 prints via a voucher system. Should one of our teams arrive on the day to discover that the number of guests is below 200, you will be invoiced for £150.

In the event an issued invoice is not paid in a timely manner, The Photo Team use a debt recovery company to retrieve all unpaid invoices, please appreciate the company we use charge for their services, which will be passed to the client directly, this mean the invoice price will increase based on the debt recovery company charges.


Photographer specific Terms and Conditions

By establishing an account or using the Website, Photographers agree to both the general terms and conditions and to the additional terms and conditions applicable to Photographers which is outlined further within the contractual agreement supplied by The Photo Team. The Photo Team reserves the right to modify or add further conditions to the Photographer Terms and Conditions, including but not limited to changes in billing terms, privacy policy, new functionality and access restrictions. The Photo Team will provide 30 days’ notice for changes to billing terms, termination of Services, mergers, and acquisitions. It is each Photographer’s responsibility to regularly check the email account provided to The Photo Team or this Website in order to be aware of any communications or notices. Each Photographer hereby specifically agrees that a notice sent to the Photographer email account constitutes sufficient notice.

Photographer Services

The Photo Team may offer different levels of services depending on the Photographer’s contractual plan. It is each Photographer’s responsibility to be informed of these terms and conditions, as well as the various levels of services provided by The Photo Team. For detailed description and comparison of different levels of services available please refer to the The Photo Team pricing plan supplied with the contract.

Subject to the conditions set forth in this agreement, The Photo Team may provide Photographers with the services (hereafter referred to as “Photographer Services”) described in the agreement document supplied with the contract.

The Photo Team will make reasonable efforts to maintain images, information, media, or data provided by Photographer in the course of operation of the Website, but each Photographer agrees that (1) The Photo Team does not provide a “locker” or archive service or otherwise warrant or guarantee that it will succeed in maintaining the images, information or media for the Photographer; (2) the Photographer shall be responsible to maintain backup copies of his or her works at all times; and (3) The Photo Team shall not liable for any loss of images, information, media, or data.

Photographer Responsibilities

It is each Photographer’s responsibility to become familiar with our Privacy Policy.

Depending on the Photographer’s preferences, Purchaser may have the option of placing orders to be fulfilled by the Photographer independently; using Photographer selected print labs and shipping methods. Alternatively, when made available, Purchasers may place orders to be fulfilled by The Photo Team and its affiliates and suppliers.

Photographers agree that they shall be solely responsible for processing orders placed for fulfilment by Photographers. It is the Photographer’s responsibility to fulfil Purchaser’s orders placed for fulfilment by Photographer within a reasonable time of the placement of the order.

Photographers agree that they shall be responsible for reviewing, approving, and taking all other necessary steps to process the orders placed for fulfilment by The Photo Team within a reasonable time of the placement of the order, this does not include those pictures that are enable to be downloaded directly from the website.

Once a Photographer has approved the order and taken all other steps necessary to process the order, The Photo Team shall be responsible for processing and shipping the orders placed for fulfilment by The Photo Team directly to Purchasers, in accordance with the terms of the order.

The Photo Team shall notify the Photographer electronically of all orders placed within 24 hours. The Photo Team shall notify the Photographer of any refunds or fee disputes by any Purchaser. Purchasers pay The Photo Team in advance for orders placed for fulfilment by The Photo Team. Purchasers pay Photographers directly for orders placed for fulfilment by Photographers. Photographers agree that they shall be solely responsible for all aspects of the orders placed for fulfilment by Photographer.

Each Photographer is responsible for any and all activity that occurs under the Photographer’s user name or account. Each Photographer is responsible for obtaining permission and proper release documentation from any person whose image is posted by the Photographer on The Photo Team. While The Photo Team has the right to refuse or remove any material or activities on its Website in its full discretion, The Photo Team specifically reserves the right to censor and delete any images where The Photo Team, in its sole judgment, lacks confidence in the documentation of a proper release.

By using The Photo Team service Photographers agree to not publicly share, post or redistribute product, shipping or service prices and details.

Account Charges and Balances

A first time account holder who is dissatisfied with the service may obtain a refund of charges actually paid by him or her to The Photo Team in connection with that account if, within 30 days of opening the account, he or she requests cancellation of the account and a refund. Any such request must be communicated to The Photo Team by sending e-mail through the Contact Us form. Commissions will be paid on request, please the percentage The Photo Team takes can change without notice.

The Photo Team will provide, as part of its fulfilment services included in Photographer Services, an account where payments to Photographers from Purchasers will be held. The Photo Team will pay out account balances upon request. The Photo Team will pay account balances to Photographers via electronic bank transfer, if available, within (5) business days from the request. Notwithstanding the previous sentence, The Photo Team shall have the right to withhold pay-outs pending investigation of suspicious account activity and to refuse or defer payment for its own protection or for an offset of Photographer’s obligations to The Photo Team where The Photo Team considers account activity to be in bad faith or to violate the User Agreement.

The Photo Team reserves the right to pay out all or some account balances at the end of every calendar year, at the sole discretion of The Photo Team.

The Photo Team will charge Photographer accounts periodically to collect amounts owed for The Photo Team Services. In the event that Photographer’s account has a negative balance, The Photo Team shall have the right to discontinue placement of orders from the Photographer’s account until the negative balance is cured. Each Photographer agrees that The Photo Team may terminate any account at The Photo Team’s discretion. Nothing in the Photographer Terms and Conditions shall limit The Photo Team’s right to pursue all remedies allowed by law to collect on delinquent accounts.

Photographer Restrictions on Use

You must be over 18 years of age in order to open an account with The Photo Team.

Renewal and Termination

Unless otherwise instructed, The Photo Team will renew each Photographer’s subscription automatically at the end of each billing period. Photographers must notify The Photo Team of their wishes to discontinue service no less than 90 days prior to the end of the contractual period; otherwise The Photo Team reserves the right to renew Photographers’ subscriptions and charge Photographers accordingly.

Each Photographer agrees that The Photo Team may terminate each Photographer’s subscription and/or access to and use of the Photographer Services, with or without cause at any time at the sole discretion of The Photo Team, for any reason. Violation of the Conditions listed in this agreement may prompt The Photo Team to take any necessary action that The Photo Team deems appropriate to enforce its right including but not limited to the institution of legal proceedings.

Each Photographer agrees to give The Photo Team 90 days’ notice to terminate a Photographer’s account at the Photographer’s request. The Photo Team will not refund the remainder of the fee for the contract Period in the event of termination by a Photographer.

License Granted by Photographers

By delivering or transmitting images or any other media to The Photo Team, Photographers grant The Photo Team a non exclusive right to use, reproduce, alter the resolution of, transmit, publicly display, distribute, and make available the images or other media as The Photo Team deems appropriate for the sole purpose of providing the Photographer Services. All other rights in transmitted images or media, including copyright, remain with the Photographer.

Each Photographer understands and agrees that The Photo Team may (but is not required to) make backup copies of any images, information, or media transmitted by Photographer to The Photo Team and may keep archives of them for the purpose of maintaining business records of The Photo Team and preserving evidence of its Website activity.

Each Photographer represents and warrants that the Photographer owns or otherwise controls all of the rights to any images, information, or media that the Photographer transmits to The Photo Team; that use of the such images, information, or media supplied by the Photographer and the rights that the Photographer conveys to The Photo Team does not violate this agreement and will not cause injury to any person or entity; and that the Photographer will indemnify The Photo Team for all claims demands, causes of action, judgments, liabilities, losses, and expenses arising from the images, information, media, or data supplied by the Photographer.

Each Photographer agrees that The Photo Team has the right in its sole discretion, but not the obligation, to edit or remove any activity or images, information, or media. Each Photographer understands and agrees that The Photo Team takes no responsibility and assumes no liability for any images, information, or media posted by the Photographer or any third party.

Any license between a Photographer and a Purchaser is the sole responsibility of the parties. Photographers may prepare their own licenses, or they may modify sample licenses provided by The Photo Team. Photographers acknowledge that The Photo Team provides NO warranties and bears no responsibility for the correctness or appropriateness of ANY digital product license, whether produced by the Photographer or created from a sample provided by The Photo Team. All digital image licenses are entered into by Photographers and Purchasers at their own risk. It is the sole duty of the Photographer to ensure that the entered license comports with the laws of the jurisdiction desired or designated by the Photographer.

Software Download Component

By subscribing to the Photographer Services, each Photographer agrees to download and install a software component on the machine that the Photographer will use for access to the Photographer services. Each Photographer is aware that this software will be used for uploading files. This software is proprietary to The Photo Team and is protected to the full extent of the law. Each Photographer agrees to use this software solely for the purposes provided in this agreement. The Photo Team is not responsible for any damages arising out of or related to the use of this software.

No Employment Relationship

Nothing in this agreement is intended to, or should be construed to; create a partnership, agency, joint venture, or employment relationship between The Photo Team and Photographer. Photographers are not entitled to any of the benefits which The Photo Team may make available to its employees. Photographers are not authorised to make any representation, contract or commitment on behalf of The Photo Team without prior written authorisation to do so by an officer of The Photo Team. Photographer shall be solely responsible for, and will file, as required by law, all tax returns and payments required to be filed with the United Kingdom with respect to the performance of services and receipt of fees under the Conditions of this agreement. Photographer shall be solely liable for any failure to pay applicable taxes. The Photo Team will not withhold any part of Photographers’ compensation for the payment of any social security. The Photo Team will report amounts paid to Photographers by filing appropriate forms with the Inland Revenue Service as required by law for independent contractors.

International Users

The Photo Team is located in the United Kingdom and conducts its transitions in the United Kingdom. Visitors who reside or do business outside the United Kingdom specifically agree that their transactions with The Photo Team take place in the United Kingdom. They also specifically agree that they shall, to the extent necessary, comply with all the local laws, rules, and regulations applicable to them regarding the use of this Website, including but not limited to, the transmission of data over the Internet, and applicable tax laws.

Assign ability

You understand and agree that The Photo Team may assign the rights and Conditions under this agreement. You understand and agree that your personal information may be transferred to the succeeding entity you may not subcontract, assign, or otherwise delegate your obligations under the Conditions set forth in this agreement without The Photo Team’s prior written consent.

Entire Agreement

These terms and conditions constitute the entire agreement between The Photo Team and Visitors who are not Photographers pertaining to the subject matter of this Agreement. In addition to being subject to these terms and conditions, Photographers also are subject to the Photographer Terms and Conditions in Part IV of this document. In its sole discretion, The Photo Team may modify these terms and conditions by posting the revised version on this Website as stated above. If any of the conditions in this agreement are found invalid, void, or unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions. Apart from modifications by The Photo Team through revised terms and conditions posted on its Website, this agreement with respect to any single person or entity may be further amended only by a writing explicitly supplementing or superseding this agreement containing signatures by both that person or entity and The Photo Team. For the purposes of this paragraph, “writing” does not include an e-mail message, and a “signature” does not include an electronic signature.

Restrictions on Use

You must be over 18 years of age in order to open an account with The Photo Team.