TERMS AND CONDITIONS OF SERVICE
Last updated November 15, 2020
1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf
of an entity ("you
"), and Conserve Photography Ltd
, located at:
Pavilion View, 19 New Road, Brighton, East Sussex, BN1 1EY, United Kingdom
"), concerning your access to and use of the
Conserve Photography website
) as well as
any related applications (the "Website
The Site provides the following services: Teaching content relating to
photographic conservation and preservation ("Services"). You agree that by
accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these
Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you
are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that
you print a copy of these Terms and Conditions for future reference.
The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or
documents that may be posted on the Site from time to time, are expressly incorporated by reference.
We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions
will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is
accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your
continued use of the Site represents that you have accepted such changes.
We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our
Our site is directed to people residing in the United Kingdom. The information provided on the Site is not intended
for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration requirement within such
jurisdiction or country.
The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted
to register for the Site or use the Services without parental permission.
Additional policies which also apply to your use of the Site include:
2. Acceptable Use
You may not access or use the Site for any purpose other than that for which we make the site and our services
available. The Site may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of this Site, you agree not to:
- Systematically retrieve data or other content from the Site to a compile database or directory without
written permission from us
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to
send unsolicited email or creating user accounts under false pretenses
- Use a buying agent or purchasing agent to make purchases on the Site
- Use the Site to advertise or sell goods and services
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features
that prevent or restrict the use or copying of any content or enforce limitations on the use
- Engage in unauthorized framing of or linking to the Site
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords
- Make improper use of our support services, or submit false reports of abuse or misconduct
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and extraction tools
- Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to
- Attempt to impersonate another user or person, or use the username of another user
- Sell, resell or otherwise transfer your profile
- Use any information obtained from the Site in order to harass, abuse, or harm another person
- Use the Site or our content as part of any effort to compete with us or to create a revenue-generating
endeavor or commercial enterprise
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making
up a part of the Site
- Attempt to access any portions of the Site that you are restricted from accessing
- Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
- Delete the copyright or other proprietary rights notice from any of the content
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that
interferes with any party's uninterrupted use and enjoyment of the Site, or any material that acts as a
passive or active information collection or transmission mechanism
- Use, launch, or engage in any automated use of the system, such as using scripts to send comments or
messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
- Use the Site in a manner inconsistent with any applicable laws or regulations
- Misrepresent experience, skills, or information about a User
- Advertise products or services not intended by us
- Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and
complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and
promptly update such information as necessary; (c) you will keep your password confidential and will be responsible
for all use of your password and account; (d) you have the legal capacity and you agree to comply with these
Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an
identification code or user name) and/or password you must promptly notify us at firstname.lastname@example.org.
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate
your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
4. Content you provide to us
There may be opportunities for you to post content to the Site or send feedback to us
("User Content"). You understand and agree that your User Content may be viewed by other
users on the Site, and that they may be able to see who has posted that User Content.
You further agree that we can use your User Content for any other purposes whatsoever
in perpetuity without payment to you, and combine your User Content with other content for use within the Site and
otherwise. We do not have to attribute your User Content to you.
In posting User Content, including reviews or making contact with other users of the Site you shall comply with our
Acceptable Use Policy as laid out above in section 2.
You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and
indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer
as a result of your breach of this warranty.
We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not
comply with the Acceptable Use Policy.
We are not responsible and accept no liability for any User Content including any such content that contains
incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor
any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any
time. User Content has not been verified or approved by us and the views expressed by other users on the Site do
not represent our views or values.
If you wish to complain about User Content uploaded by other users please contact us at
email@example.com or use the take down or report button.
5. Our content
Unless otherwise indicated, the Site and Services including source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics on the Site ("Our Content")
are owned or licensed to us, and are protected by copyright and trade mark laws.
Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our
express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and
Our Content and to download or print a copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use.
You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems
connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions,
additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies
you may have downloaded.
We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus
detection software to try to block the uploading of content to the Site that contains viruses.
The content on the Site is provided for general information only. It is not intended to amount to advice on which
you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any
action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties
or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Links to third party content
The Site may contain links to websites or applications operated by third parties. We do not have any influence or
control over any such third party websites or applications or the third party operator. We are not responsible for
and do not endorse any third party websites or applications or their availability or content.
We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services
from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is
responsible for such goods and/or services and if you have any questions or complaints in relation to them, you
should contact the advertiser.
7. Site Management
We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions;
(2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions;
(3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your
Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or
are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site and Services.
We do not guarantee that the Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access the Site
and you should use your own virus protection software.
8. Modifications to and availability of the Site
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our
sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services
without notice at any time. Where terms like "lifetime" or
"lifetime access" appear these relate to the lifetime of the Site, until its eventual
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not
obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate
to the Services, including descriptions, pricing, availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without
9. Disclaimer/Limitation of Liability
The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or
Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties,
terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing,
or common law) in connection with the Site and Services and your use thereof including, without limitation, the
implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to
the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content
and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers
and/or any and all personal information and/or financial information stored on our server; (3) any interruption or
cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like
which may be transmitted to or through the site by any third party. We will not be responsible for any delay or
failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an
event beyond our reasonable control.
Our responsibility for loss or damage suffered by you:
Whether you are a consumer or a business user:
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes
liability for death or personal injury caused by our negligence or the negligence of our employees, agents or
subcontractors and for fraud or fraudulent misrepresentation.
- If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer
that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for
any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our
liability to you for any cause whatsoever and regardless of the form of the action, will at all times be
limited to a total aggregate amount equal to the greater of (a) the sum of 100 GBP or (b) the amount paid, if any,
by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of
any products to you, which will be set out in our Terms and Conditions of Supply
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection
- use of, or inability to use, our Site/Services; or
- use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any
commercial or business purposes, and we have no liability to you for any loss of profit, loss of business,
business interruption, or loss of business opportunity.
- If defective digital content that we have supplied, damages a device or digital content belonging to you and
this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you
- You have legal rights in relation to goods that are faulty or not as described. Advice about your legal
rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these
Terms and Conditions will affect these legal rights.
10. Term and Termination
These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are
otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any
reason, by following the instructions for terminating user accounts in your account settings, if available, or by
contacting us at firstname.lastname@example.org.
Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion
and without notice or liability, deny access to and use of the Site and the Services (including blocking certain
IP addresses), to any person for any reason including without limitation for breach of any representation, warranty
or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in
breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or
participation in the Site and the Services or delete your profile and any content or information that you posted at
any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason set out in this Section 10, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent
to receive electronic communications and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders
and other records and to electronic delivery of notices, policies and records of transactions initiated or
completed by us or via the Site. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the
Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a
waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our
If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that
provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the
validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result
of these Terms and Conditions or use of the Site or Services.
For consumers only -
Please note that these Terms and Conditions, their subject
matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales
will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring
proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you have any complaint or wish to raise a dispute under these Terms and Conditions or otherwise in relation to
the Site please follow this link http://ec.europa.eu/odr
For business users only - If you are a business user, these Terms and
Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by
English Law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
A person who is not a party to these Terms and Conditions shall have no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
In order to resolve a complaint regarding the Services or to receive further information regarding use of the
Services, please contact us by email at email@example.com or write to us by post to:
Conserve Photography Ltd
Pavilion View, 19 New Road