This agreement applies as between you, the User of this Web Site and FotoFactory.ie , the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site.
If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“FotoFactory.ie”- Means FotoFactory.ie with it's offices at Galway, Ireland.
“Service”- means collectively any online facilities, tools, services or information that FotoFactory.ie makes available through the Web Site either now or in the future;
“Premises” - Means our place of business located at Galway, Ireland..
“System” - means any online communications infrastructure that FotoFactory.ie makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” - means any third party that accesses the Web Site and is not employed by FotoFactory.ie and acting in the course of their employment; and
“Web Site” - means the website that you are currently using (www.FotoFactory.ie) and any sub-domains of this site (e.g. https://www.FotoFactory.ie/aboutus.html) unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of FotoFactory.ie, our affiliates or other
relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable European and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by FotoFactory.ie.
3. Third Party Intellectual Property
3.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
3.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
3.3 You, as a distributor warrants that all designs or instructions submitted to FotoFactory.ie will not cause FotoFactory.ie to infringe any patent, registered design or trademark in the execution of the Client’s order.
4. Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of FotoFactory.ie or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site https://www.FotoFactory.ie without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of FotoFactory.ie. To find out more please contact us by email at firstname.lastname@example.org
7. Use of Communications Facilities
7.1) When using the enquiry form or any other System on the Web Site including user forum/s you should do so in accordance with the following rules:
7.1.1)You must not use obscene or vulgar language;
7.1.2) You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3) You must not submit Content that is intended to promote or incite violence;
7.1.4) It is advised that submissions are made using the ENGLISH language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.1.6) You must not impersonate other people, particularly employees and representatives of FotoFactory.ie or our affiliates; and
7.1.7) You must not use our System for unauthorised mass- communication such as “spam” or “junk mail”.
9.1) FotoFactory.ie makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2) No part of this Web Site is intended to constitute a contractual offer capable of acceptance. No goods and / or services are sold through this Web Site and product and / or service details are provided for information purposes only
9.3) Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from FotoFactory.ie correspond to the actual products and / or services, FotoFactory.ie is not responsible for any variations from these descriptions.
9.4) FotoFactory.ie does not represent or warrant that such products and / or services will be available from us or our premises. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Premises.
9.5) All pricing information on the Web Site is correct at the time of going online. FotoFactory.ie reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
10. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
FotoFactory.ie accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. Limitation of Liability
11.1. To the maximum extent permitted by law, FotoFactory.ie accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
11.2. Nothing in these terms and conditions excludes or restricts FotoFactory.ie’s liability for death or personal injury resulting from any negligence or fraud on the part of FotoFactory.ie Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Sale of Goods Act 1893 and Sale of Goods and Supply of Services Act 1980, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to by email to email@example.com such notice will be deemed received the day of sending if the email and is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
FotoFactory.ie has the right to refuse to open an account or to close an existing account, for intellectual property infringement,violation of a third party's rights including those of privacy or publicity, for fraud, submission of material that is obscene in nature, violent or that might be construed as defamatory, or for any breach of the terms of this or any other agreement that you have with FotoFactory.ie.
16. Payments, Compensation and Delivery Charges
FotoFactory.ie shall pay you a royalty for each unique sale of Submitted Content for which FotoFactory.ie receives payment. The current royalty rates and terms of payment are set out in the members area of FotoFactory.ie.
17. Delivery of Goods
All goods are sent via An Post or a third party courier.
18. Law and Jurisdiction
These terms and conditions and the relationship between you and FotoFactory.ie shall be governed by and construed in accordance with the Law of Ireland and FotoFactory.ie and you agree to submit to the exclusive jurisdiction of the Courts of Ireland.