Terms of Use
Please read these terms of use very carefully before using any of our websites, products and services. This agreement documents the legally binding terms and conditions for the use of the websites, products, and services that THE PHOTOKITCHEN currently owns. By using or accessing such sites, products or services in any way, viewing or browsing, or adding your own content to the site, you are immediately agreeing to be bound by these terms of use. A website, service or product of THE PHOTOKITCHEN may adopt sales terms and conditions, and terms and conditions for the use of that particular website, service or product. Should this be the case, the separate terms of use of that particular site, service or product shall control that particular website, service or product. Otherwise, this agreement shall apply to the entire network of websites, services and products that THE PHOTOKITCHEN currently owns and/or manages, controlling access and use thereof. These terms of use are subject to change by our company at any time, and such changes will take place immediately upon update of this document. Should any of these terms be breached, any permission granted to you shall immediately be terminated. All rights not expressly granted herein, are expressly reserved by us. If you do not agree to these terms of use, you must not access or use any of our websites, services and products.
Use & Access To This Site
Your use and access to this website, or any of THE PHOTOKITCHEN brands and projects websites, products and services are subject to your agreement to the terms in this agreement, including the Privacy Policy which govern the use of our sites, services and products, we grant you limited access to this website for personal and non-commercial use, provided that you will not modify, alter or download any portion of it without written authorization to do so from us. You may use the websites, services, and products only for lawful purposes. You agree not to take any action that might compromise their security, render them inaccessible to others or otherwise interfere or cause damage to their content. You agree not to add to, subtract from, or otherwise modify their content, or to attempt to access any content that is not intended for you, including removal of any copyright or proprietary notices contained therein. You agree not to use theme in any manner that might interfere with the rights of third parties. No right, title or interest in any content is transferred to you, whether as a result of consulting and downloading such content or otherwise. We reserve complete title and full intellectual property rights in all content, except when stated otherwise.
To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.
Restrictions of Use and Access
You may not make use of the contents of any of our sites, products and services for any commercial purpose. This includes the use of listings, descriptions, code, price lists and any type of information or medium which is considered to be classified. You also further agree to not download or copy any content for the benefit of any third party, including but not limited to data mining, robots and data extraction tools. This website, or any of our websites products and services may not be reproduced, duplicated, copied, displayed, sold, resold, framed, co-branded, hyperlinked, visited, or exploited for any commercial purpose without our express written consent. You agree to collaborate with us in detecting and ceasing such unauthorized activity from any third party, immediately You agree not to interfere, disrupt or attempt to gain unauthorized access to any restricted portion of this website, any of our websites, services, products or computer networks. Furthermore, you also agree to not disseminate or store malicious code, program, or engage in any activity deemed by
THE PHOTOKITCHEN brands and projects to be in conflict with the intent of this agreement. Furthermore, you agree to use this website, or any of our websites, services and products only for lawful purposes. You are strictly forbidden from transmitting through, or posting on this website, any content which is unlawful, harmful, defamatory, threatening, defamatory, harassing, abusive, sexually explicit, vulgar, offensive, profane or in any way objectionable, including but not limited to any material or content encouraging the conduct of such practices, or which may constitute criminal offense, or violate any local, national or international law.
Proprietary Information – Trademarks
The service marks, brand names, trademarks and logos appearing on this, or any of our websites, products and information about our services are owned by our company, other related companies, or others. It cannot, will not, and does not constitute any type of license, right or agreement, to use such service marks, brand names, trademarks and logos without the express written permission of the owner. Furthermore, any framing, hot-linking, meta tags, hidden text techniques, used to enclose such service marks, brand names, trademarks and logos without our express written permission is strictly forbidden.
Copyright
Copyrights in any content provided in this website or any of our websites, products and services are fully and exclusively owned by THE PHOTOKITCHEN brands and projects and are protected by international copyright laws. As copyrighted content, we consider, but do not limit to: computer generated graphics, images, photos, artwork in digital and printed formats, animations, audio recordings, sounds, soundtracks, information, data in any format and collected by any means, databases, directories, email services, graphic user interfaces, layouts, grid systems, page layouts, design or code, in original or any copied formats. You agree to not copy, modify, alter, reproduce or create derivative works from any of the copyrighted contents in any form or by any means without our written permission.
Hyperlinks
This website, or any of our websites products and services do sometimes contain links (or hyperlinks) to other websites which are maintained by third parties. You acknowledge that such links are provided for your convenience, and do not reflect any sort of endorsement, affiliation, relationship or sponsorship by our company. You also acknowledge that we are not responsible in any manner (including but not limited to any loss or injury that you may suffer), for any matter associated with the linked site, including but not limited to any content provided on, or through any of such linked sites or reliance thereon. We make absolutely no representations or warranties regarding any linked site, their contents, credibility, availability and accuracy.
Your use of any links and linked site is solely at your own risk. Furthermore, you also acknowledge that the use of any other site is subject to the terms and conditions, privacy policies and any other policy or disclaimer (or lack thereof) of that site. Any third-party link to this site, or any of our websites, products and services, is not an indication of endorsement or sponsorship by or with us. We are not aware of every site linked to us, and therefore take no responsibility over them.
Submissions & Submissions Of Confidential information
Never use this website, or any of our websites, products and services as a means of submitting information which you consider to be proprietary or confidential, unless when placing orders and purchasing products and services, in which case some personal information will be required. Except when otherwise specified in writing by us, towards you and your case in particular, any submission (each a “Submission” or collectively “Submissions”) of information or material by you, will be considered a contribution to us, our services and products, for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Furthermore, you agree that any information and materials, including but not limited to questions, comments, databases, suggestions, notes, plans, ideas, files, photos, graphics, letters, scans, art or artworks or any other information submitted by you in the form of emails, posts, social sharing, press articles, printed articles, are non-confidential (but still subject to our privacy policy) and also become the sole property of our company. We automatically shall own exclusive royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the submission, and are entitled to the unrestricted use of such materials for any purpose, without acknowledgement or compensation to you.
Authority & Child Safety
By using our website, websites, products and services, you represent that you are at least 13 years old, and that if under the age of 18, are using this website, or any of our websites products and services with legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in all terms and policies in this site. If not, please leave this website and any of our website’s products and services now. We take the online privacy of minors very seriously, and do not knowingly allow children under the age of 13 to access or register on our websites or use our products and services. We do not knowingly collect or request personal information from children under the age of 18, except with legal parental or guardian consent. We reserve the right to immediately cease access of anyone under the age of 13, to any of our websites, products and services, without previous warning. We also highly encourage parents and legal guardians to take advantage of access controls which are designed to assist in the limitation of, or blocking access to, certain types of content online, which you feel is harmful or inappropriate for minors.
Downloads
You understand that we cannot guarantee or warrant that files available for downloading through this website (or any of the websites owned by us), our products or services, will be free from viruses, worms, trojan horses, any type of infections or code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and recovery methods to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the sites, services and products for the reconstruction of any lost data.
Security
Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). THE PHOTOKITCHEN brands and projects will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that we consider insecure, THE PHOTOKITCHEN brands and projects will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, THE PHOTOKITCHEN brands and projects reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. THE PHOTOKITCHEN brands and projects reserves the right to investigate suspected violations of these terms of use. THE PHOTOKITCHEN brands and projects reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing THE PHOTOKITCHEN brands and projects to disclose the identity of anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these terms of use. By accepting this agreement, you waive and hold harmless THE PHOTOKITCHEN brands and projects from any claims resulting from any action taken by THE PHOTOKITCHEN brands and projects during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either THE PHOTOKITCHEN brands and projects or law enforcement authorities.
Disclaimer
THE PHOTOKITCHEN brands and projects makes no express or implied warranties, representations or endorsements whatsoever with respect to this site, or any of THE PHOTOKITCHEN brands and projects websites, services, products and contents. THE PHOTOKITCHEN brands and projects expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. THE PHOTOKITCHEN brands and projects does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. We do not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
Accessibility
Even though we make every effort to keep our websites, products and services operable and accessible at all times, you acknowledge and agree that at times this, or any of our websites, products and services may be inaccessible inoperable for any reason whatsoever. Such reasons may include, but are not limited to: maintenance procedures, migrations or repairs which may be performed from time to time; equipment and server malfunctions; any cause which is beyond our control, or which is not reasonably predictable.
Limitation On Liability
THE PHOTOKITCHEN brands and projects, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if THE PHOTOKITCHEN brands and projects has or have been advised of the possibility of such damages. In no event will the collective liability of THE PHOTOKITCHEN brands and projects and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of 10€ or the amount you have paid to THE PHOTOKITCHEN brands and projects for the applicable content, product or service out of which liability arose.
Indemnity
You will indemnify and hold THE PHOTOKITCHEN brands and projects, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these terms of use by you, including any use of content other than as expressly authorized in these Terms of use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
Use Of Communication Services
THE PHOTOKITCHEN brands and projects websites may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message of communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that: You do not have the right to post, including proprietary material of any third party; Advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; Violates any law or may be considered to violate any law; Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecom-munications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users reable to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; Includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; contains affiliate links, or any type of link strategy used in SEO; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
THE PHOTOKITCHEN brands and projects reserve the right to monitor use of this site, as for all brand and project sites belonging and/or associated to THE PHOTOKITCHEN brands and projects, to determine compliance with these Terms of use, as well as the right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither THE PHOTOKITCHEN brands and projects nor any third party that provides content to THE PHOTOKITCHEN brands and projects will assume or have any liability for any action or inaction by THE PHOTOKITCHEN brands and projects or such third party with respect to any submission.
Termination & Restriction Of Access
THE PHOTOKITCHEN brands and projects reserve the right, in its sole discretion, to terminate your access to any or all of THE PHOTOKITCHEN brands and projects websites and related services or any portion thereof at any time, without notice.
Amendments, Corrections & Inaccuracies
Even though every effort is made to deliver accurate content, information contained in our websites products and services may contain typographical errors and inaccuracies and may not be complete or current. We therefore reserve the right to make any corrections, modifications and updates to contents at any time without prior notice – including after product and service purchases. Such information may also be related to descriptions, pricing and availability.
Miscellaneous
These Terms of use will be governed and interpreted pursuant international laws, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in connection with any dispute between you and THE PHOTOKITCHEN brands and projects arising out of these terms of use or pertaining to the subject matter hereof. The parties to these terms of use each agree that the exclusive venue for any dispute between the parties arising out of these terms of use or pertaining to the subject matter of these terms of use will be in the state courts of Ireland in which THE PHOTOKITCHEN brands and projects presents its headquarters. If any part of these terms of use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
These terms of use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. THE PHOTOKITCHEN brands and projects may revise these terms of use at any time by updating this posting.
