Terms of use V1.1 22nd.December 2006

Introduction

This web site is operated by 'Accolade' who are Ian and Anne-Marie Casement ("we" or "us" or "our").

The web site provides access to a number of services that may be used in accordance with these terms.

The services include: the ability to upload digital images to the web site by "album owners" (the purchasers of our services) or the appointed "guests" of the album owners - being those in receipt of the username and/or password provided for this purpose.

The ability to order prints, cd's, DVD's and other products from the digital images that have been uploaded to the web site. These terms govern the relationship between you and us.

The web site (and the services provided through the web site) can only be used if you agree to these terms. You may only use the web site in accordance with these terms.

Only persons aged eighteen years or over may agree to these terms and use the web site or the services offered through the web site.

We may modify these terms at any time, and we will post the modified terms on the web site. We will notify you by email if we do so. The modified terms will come into effect as soon as they are posted on the web site and use of the web site (or of any services provided through the web site) after that point will be subject to the modified terms.

Your Account

You may open an account at GuestPix by purchasing an album and completing the Registration Form.

Once your registration has been accepted (and until your account is terminated) you will be allowed (subject to the restrictions contained in these terms) to upload images to the web site, request services to be supplied by us (such as the printing of images uploaded by you or your guests on your behalf).

You will have to give your email address in order to open an account. Your email address will help us to verify your identity on future visits. In the event that you register using a non-existent email address or an email address that belongs to someone else, GuestPix may terminate your account without notice.

You will need to provide a password by which you will be able to access and administer the material that you or your guests have uploaded to the site.

There is a charge to create a GuestPix album.

There may be charges for other services supplied by us. These will be notified to you at the time you request the services. When you place an order for goods or services (including printing services), you will need to give your credit card number. Any charges for the services requested will be billed to your credit card once the order has been accepted. In the event that you give details of a non-existent credit card number or the number of a credit card that belongs to someone else, we reserve the right to terminate your account without notice.

Images

You may upload digital images to the web site yourself or authorise your guests to upload images to the website. Images uploaded to the web site must be digital images in JPEG format. In certain circumstances you may request or purchase the facility for us to upload images on your behalf maybe from CD or other storage media.

Images uploaded by you or by your guests or on your behalf will (subject to the restrictions in these terms) be made available for viewing in a photo album accessible over the web site.

Guests may not alter or delete images in your GuestPix album. You must make sure that your guests do not breach these terms. We will not be liable for any damage to your photo album or any of the images in it (or any other data relating to you) caused by your guests.

Your guests will be able to order prints of the photographs in your photo album. This will be at their expense.

You (as album owners) may delete images uploaded to the web site by you or by your guests.

What you are allowed to do

You may access any part of the web site that is not password protected. Access to some parts of the site is only available if you have a valid password. You may not access these areas without a valid password. You may print off one copy per visit of any individual page or part of a page (other than your own images) of the web site for your own personal use.

You must not do any of the things set out under "What you are not allowed to do", below.

What you are not allowed to do

You are not allowed to copy (whether by printing off onto paper, storing on disk or in any other way), distribute (including distributing copies), alter or tamper with in any way or otherwise use any material contained in the web site except as set out under "what you are allowed to do"

You are not allowed to use the web site (or to copy or use any material from the web site) for any commercial purpose other than to conduct a commercial transaction with GuestPix. This includes allowing access to your photo album in return for payment or for any other commercial purpose.

You are not allowed to remove any copyright, trade mark or any other intellectual property notices contained in the original material from any material copied or printed off from the web site.

You must keep your password secure at all times. You will be responsible for any damage caused by unauthorised access resulting from your failure to keep your password secure.

You are not allowed to upload, email to us or order prints of any images or other material which contain:

• nudity or pornographic or obscene material;
• racist material; material that is likely to incite hatred against any person or group;
• blasphemous material; defamatory or otherwise actionable material;
• images of any criminal act;
• material the use or inclusion of which infringes any copyright, trademark or other intellectual property right of any third party;
• material that breaches any applicable laws or legislation

Although we prohibit the uploading of certain types of image to the web site, we cannot control the use of our web site. It is possible that images or other material may appear on our web site which are unlawful or offensive. We are not responsible for such images or material but if you become aware of any such images or material on the web site you should do either:

• If the material is in an album which you are the owner of please delete it.
• Or please contact us without delay.

We may at our discretion contact law enforcement authorities if we believe that anything unlawful is occurring or has occurred in relation to the web site (including the uploading of any images in breach of the above restrictions).

We may restrict access by the removal of administration rights to an album.

We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

We may without notice and at our sole discretion delete or remove any image that have been uploaded, emailed or submitted for printing in breach of these terms.

We may refuse to provide any further services to anyone who breaches these terms.

You will indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of: any use by you or your guests of this web site in breach of these terms, any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; any claim that the processing, printing or other dealing with by us in accordance with these terms of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.

Rights

To allow us to publish and reproduce any images uploaded to GuestPix you and your guests relinquish all intellectual property rights, including copyright, to the images that you have uploaded to the web site and grant whatever permission is necessary for us to publish, print, transmit, store and reproduce any images for any purpose.

We may delete, remove or refuse to display any material from your GuestPix album at our sole discretion. We may display, modify, print, transmit, distribute or delete any of the images that you upload, provided that this use is necessary in order to provide any of the services offered by us via the web site or is otherwise allowed by these terms.

It is a condition of allowing you to use the web site and any services offered through it that you have the right to copy, upload or otherwise deal with images in relation to the web site and to allow us to process and otherwise deal with those images in accordance with these terms.

You may not upload, email to us, request us to print or otherwise deal in relation to the web site with any images or other material unless you have the right to do so and to allow us to use such images or other material in accordance with these terms. For example, you may not take photos from another web site or other publication and do anything with them unless you have the permission of the relevant rights owner.

Operation of the web site

We may change the format and content of the web site (or any products or services offered by this web site) at any time.

We may terminate or suspend the operation of this web site (or terminate or suspend provision of any products or services offered via this web site) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.

You are advised to keep back ups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for loss of, deletion or corruption of any images or any other material.

Data protection

Personal data provided to us through this web site will only be used in accordance with our privacy policy. Please read through this carefully before proceeding. By providing your personal data to us you are consenting to its use in accordance with our privacy policy.

Services/ products

Once you have placed an order for any goods or services via this web site (including any order for printing services), the order will not be treated as having been accepted until you receive confirmation from us that this is the case. This confirmation may be by email or post. The decision as to whether to accept any order from you is at our discretion and we are not bound to do so. In the event that prints are produced and then discovered to have been posted in your photo album in contravention of these terms, we will not dispatch the prints to you or to the guest who ordered the prints. We may, at our sole discretion, refund all or a proportion of the payment made in respect of the order concerned but reserve the right to charge in full as if the prints had been dispatched.

To maintain continuity of service we reserve the right to use alternative photographic paper products in the production of prints, to those stated on the web-site.

Free prints may be offered from time to time as part of a promotion or competition. Qualifying sizes for free prints are 6"x4", 6"x4.5" and 5"x3.75". Free prints can only be claimed as part of an online order through this web site. Postage and packing charges will still apply and will need to be paid by credit or debit card or from your account, unless otherwise stated.

Offer codes may be published from time to time as part of a promotion.

Offer codes may provide a number of free prints or a discount on part of an order.

Offer codes can only be used for online orders placed through this web site. A maximum of one offer code can be specified per order.

Unless otherwise specified, postage and packing charges will still apply to orders subject to an offer code. Further conditions may apply and if so will be published with the relevant offer code.

We will use our reasonable endeavours to reply promptly to all correspondence. Such reply may be by email or by post.

Termination

You may terminate your account by contacting us via email or post. You may be asked to provide further proof that you are the holder of the account. Your account will be terminated as soon as reasonably practicable following receipt of your email or letter. We may terminate your account without notice at our sole discretion. Once your account is terminated, your photo album will be removed from the web site and your password will no longer enable access to the password protected areas of the site.

Questions or complaints

Complaints or claims must be notified to us within twenty eight days of receipt of goods, or in the case of non-delivery, in a reasonable time after the goods were expected to arrive. If you have a question or complaint, please contact us.

Law and jurisdiction

These terms (and the provision of goods and services by us) are governed by and to be interpreted in accordance with English law. In the event of any dispute arising in relation of these terms or in relation to the provision of any goods and services by us the English courts will have exclusive jurisdiction over such dispute.