Please read this agreement ("Agreement") carefully before using our website.
This Agreement applies to you. Using this website indicates that you accept this Agreement. If you do not wish to be bound by this Agreement do not use this site or download any images. Theimagefile reserves the right to alter this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use.
Disclaimer
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND NDK PHOTOGRAPHY LTD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ANY IMAGES OR THE WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ALL SUCH IMPLIED TERMS ARE EXCLUDED TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW. THEIMAGEFILE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR USING OR DOWNLOADING ANY CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NDK PHOTOGRAPHY LTD IS UNABLE TO MAKE REPRESENTATIONS OR WARRANTIES AS TO THE FUNCTIONALITY OF THIS WEBSITE. YOU ACKNOWLEDGE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.
NOTWITHSTANDING THE ABOVE, IN THE EVENT THAT NDK PHOTOGRAPHY LTD ARE FOUND LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OUR TOTAL AGGREGATE LIABILITY IN ANY CALENDAR YEAR SHALL BE LIMITED TO THE TOTAL CHARGES (INCLUDING ANY FEES) PAID BY YOU TO US IN THAT CALENDAR YEAR. NOTHING IN THIS AGREEMENT SHALL OPERATE TO RESTRICT OR EXCLUDE A PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR FOR FRAUD.
WHERE WE AGREE TO SUPPLY GOODS AND/OR SERVICES TO YOU WE AGREE TO DO SO ON A "REASONABLE ENDEAVOURS" BASIS ONLY.
Website Ownership
This website is owned and operated by NDK Photography Ltd. All of the content featured or displayed on this website, including, but not limited to, the design, photographs, graphics, images, moving images, sound, illustrations and software ("Content"), is (as between the parties) owned by NDK Photography Ltd, its licensors and its content providers.
Intellectual Property Protection
All elements of NDK Wedding Photography website, including, but not limited to, the general design and the Content, are protected by copyright, moral rights, database rights, trademark and other laws relating to intellectual property. Except as explicitly permitted under this Agreement, no portion or element of this website or its Content may be copied, made available to the public, re-used, distributed, or retransmitted via any means. This website, its Content and all related rights shall remain the exclusive property of NDK Photography Ltd or its licensors and content providers unless otherwise expressly agreed in writing.
Indemnification for Breach
You agree to indemnify NDK Photography Ltd, its subsidiaries, its affiliates, its content providers and licensors against any losses, expenses, costs or damages howsoever incurred by any or all of them as a result of your breach of this Agreement or your unauthorised use of the Content and related rights.
Use of this website and any Content
You must not use the website or any content:
a) fraudulently or in connection with a criminal offence;
b) to send, knowingly receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
c) to cause annoyance, inconvenience or needless anxiety;
d) in an unlawful manner, in contravention of any applicable legislation or licence as may be amended by us from time to time and which you are strongly advised to read; or
e) in any way that does not comply with any instructions that we have given to you.
If anyone other than you uses the website and any content with or without your knowledge or approval in contravention of any of the provisions of this Agreement we can treat such contravention as a breach by you of this Agreement.
You must tell us immediately if any third party makes or threatens to make any claim or issue legal proceedings against you relating to your use of the website or any content and you will, at our request, immediately stop the act or acts complained of. If we ask you to, you must confirm the details of the claim(s) in writing.
You must ensure that your contact details e.g. email address are included in a clear and legible form on all messages sent to the website, for receipt of any enquiries or complaints. We reserve the right to disclose to any person with an enquiry or complaint your contact details if such person cannot readily locate these details.
Privacy
While you will be asked to provide certain information about yourself in connection with enquiring / booking a wedding date, we will only use this information in fulfilling our obligations to you, and in the administration of our website. By registering with us you agree that we may also send you by email or otherwise information about new products, services or other promotions from us or our affiliates or partners which may be of interest to you. If you do not wish to receive this information, please contact us at weddings@ndkphotography.co.uk.
Force Majeure
We are not liable to you for any failure to perform our obligations due to any event outside our reasonable control including without limitation postal or courier delays, failure of third party communications, or lack of availability of supplies or utilities.
Governing Law and Jurisdiction
This Agreement shall be governed by the laws of Scotland without giving effect to any principles of conflicts of law. Any claim or proceeding arising under or otherwise concerning this Agreement (other than claims relating to intellectual property, which may be commenced by us in any jurisdiction) shall exclusively be brought in Scotalnd and you consent to personal jurisdiction. Should any clause of these Terms be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
