Website usage terms and conditions
Welcome to our Website. This page sets out the terms and conditions (“Terms”) on which Wotfoto Limited (“We”, “Us”, or “Our”) provides the Services described below to you via our Website and apps (the “Website”).
About Wotfoto and the Website
This Website is about photographers and photography.
It is owned by Wotfoto Limited, a company registered in England and Wales with company registration number 10971396, and having its registered address at Hoarstone, Bridgend, Noss Mayo, Plymouth, PL8 1DX, United Kingdom.
You are warned that the Website displays visual content containing nudity and violence that may be offensive to some.
Accepting the terms
Please read these terms carefully before using the Website. By accessing or using the Website or using our services, you agree to be legally bound by these terms. If you are using the services on behalf of your employer, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer.
You hereby warrant that:
- you are at least 18 years old;
- you have the capacity to agree to these Terms.
By using the website or services, you are agreeing on behalf of yourself and those you represent, to comply with these Terms and all applicable laws. If you, or those you represent, do not agree to any provision of these terms, you must not use our Website or Services.
These terms may be subject to change, and you are advised to refer back to these terms from time to time and before registering with the Website.
As a Visitor you may, at our sole discretion, access certain areas and features of the Website.
To access additional information and services and to upload listing details if you are a photographer, or Venue or Event owner, for example, you will need to Register with us.
These Services are for use by individuals who own Visual Content, and entities that represent owners of Visual Content including but not limited to galleries, agents, representatives, distributors other market intermediaries.
The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of your access to the Services.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account on the Website.
We reserve the right to disable your Login Details and suspend your access to the Website if:
- we have reason to believe that your password has been compromised;
- we believe that you or someone using your Login Details has fail to comply with one or more of these Terms;
- we believe that you have provided us with false, inaccurate or misleading information.
Free listings and Paid For services
The Website offers various Paid For products or services providing additional features to the standard Free listing. Paid For listings will generally revert to a Free listing with the loss of the additional Paid For features at the end of the listing period (usually 12 months).
If you accept one of our Paid For services you agree to the terms and conditions governing all such purchases including all requirements to pay applicable fees and charges. We will notify you of any changes to fees and charges.
We may offer trial subscriptions to Paid For services for free or at special discounted prices. Unless otherwise stated, and when available, these trial Paid For subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial or subscription period. You may need to cancel your subscription at least 10 days prior to its renewal date in order to avoid further charges.
Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.
User Submissions and Listings
The Website relies upon its Members or Registered Users to submit new content. This can be in the form of Reviews of existing Events or Venues, or in the form of New Listings. A New Listing enables the creation of, for example, a new photographic Venue or a photographic Event to be added to the Website.
You shall not submit to appear on the Website through your use of the Services, any information, comments, images, third party URL links or other material whatsoever in any format, whether on your Profile or elsewhere on the Website, that may reasonably be deemed to be offensive, illegal, inappropriate or that is pornographic or sexually explicit.
By creating a submitting new content you acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website. You agree that we may, at our sole discretion, choose to display or remove any User Submission or any part of the same that you make on the Website and you hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide licence to do so. We may refuse or remove a User Submission without notice to you.
Creating a new Free Listing does not provide permanent ownership of the Listing. By posting a new Listing you acknowledge that the Listing may be Claimed by someone else. This could be, for example, the Venue owner, or Event organizer. See the section on Claiming Listings below. In the event of a Claim being accepted for a Paid For Listing you will be refunded.
We have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates, employees, or agents will be liable for User Submissions or any loss or damage resulting from your use of User Submissions or any content on the Website.
We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
When submitting information to the Website you represent and warrant that you have all rights necessary to grant to us the license above and that none of your User Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.
In order to prevent the creation of Duplicate Listings we may moderate the submissions of some categories of Listing on the website, but other than this we will not check their accuracy. When Listings or User Submitted content is being queued for Moderation there will be a delay before it is can be accessed on the Website.
Checking the accuracy of Listings
Other than checking for Duplicate listings as detailed in the section covering Moderation above, we do not check the accuracy of submissions.
When using the Website you agree that it is your responsibility to check the validity and accuracy of all the information provided.
Your relationship with other users
You acknowledge and agree that we only provide you with the Services and the Website. You understand that we are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between you and other Users.
Consequently, you acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Users.
We recommend that you take all reasonable care when arranging any meeting or otherwise with any other User.
As a Registered User you can Claim responsibility for an existing Venue, Event or other Listing on the Website. We will check your request and the information you have provided, and perform such verification checks that we consider necessary in order to confirm your ownership of the Listing.
Any change in Ownership is at our sole discretion and we reserve the right to refuse a Claim for a Listing for any reason. Where we accept your Claim you shall become the Listing Owner and will be able to Update its information.
The term Listing Title refers to the tile of User Submissions such as that for an Event, Venue or Photographer.
We reserve the right to edit or amend Listing Titles when we think that this is necessary for the sake of accuracy, clarity, or for any other reason.
Ownership, use and intellectual property rights
By posting content to this Website you are warranting that you have the right to reproduce the content. We cannot and will not be held liable for any breach of copyright action brought against us for displaying the content you have posted.
Posting content to our Website does not mean that you surrender your copyright held in that content, you retain full rights to those works that you had prior to uploading.
By posting Content to the Website you grant us a non-exclusive, perpetual, irrevocable, fully paid, worldwide license to make the Content available to other Users of the Website.
Old and expired listings
Users need to check their listings and update them at least once per year. Listings that have expired, are inaccurate, or not updated, will, at our discretion, be updated or removed from the Website.
We respect the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Website infringes the copyright or other intellectual property infringement of any person. We will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Website.
Security of information uploaded to the Website
While we try to make sure that the Website is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable. We will not be legally responsible for keeping any such Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Submissions.
Accuracy of information and availability of the Website
We will aim to ensure that the Website is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on this Website is at your own risk.
We may suspend or terminate operation of the Website at any time as we see fit.
Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other Websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we try to make sure that the Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.
Hyperlinks and third party Websites
The Website and services may contain hyperlinks or references to external or third party Websites other than this Website. Any such hyperlinks or references are provided for your convenience only. We have no control over third party Websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party Website does not mean that we endorse that third party's Website, products or services.
You further acknowledge and agree that we/wotfoto.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Website or resource.
Limitation on our liability
Except as otherwise provided by law, neither Wotfoto nor any of its affiliates, parents, subsidiaries, directors, shareholders, employees or agents shall be liable for any loss, injury, claim, liability, or damage of any kind resulting from your use of the Website, any facts or opinions appearing thereon, or the services. Wotfoto shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, legal fees) in any way due to, resulting from, or arising in connection with the use of or inability to use the site or services. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, Wotfoto’s sole obligation to you for damages shall be limited to £100.00.
You and Wotfoto agree that any proceedings to resolve or litigate any dispute arising hereunder will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you act or propose to act in a representative capacity. You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Wotfoto and all parties to any such proceeding.
Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
No changes to these Terms are valid or have any effect unless agreed by us in writing. We reserve the right to vary these Terms from time to time. Our updated terms will be displayed on the Website and by continuing to use and access the Website following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.
If you and we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you. These Terms are construed in accordance with English Law. The courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms.