Terms and Conditions

Please read the following Terms of Use (“Terms”) carefully. These Terms govern your access to and use of The Picture Works service (“Service”). You (“you”) agree to these Terms, if you use the Service. This will constitute a binding agreement between you and The Picture Works. Your access to and use of the Service are expressly conditioned on your compliance with these Terms. Note that any violation of these Terms may result in termination of our Service to you. The Picture Works reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after The Picture Works makes any such changes, you agree to be bound by the revised Terms.

1. Your submissions

You may submit certain material to The Picture Works, including without limitation, photographic images, as part of your use of the Service (“Submissions”).

Under these Terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the Service:

Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.

Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;

Any material sent from an anonymous or false address;

Any material that promotes bigotry, racism, hatred or harm against any individual or group.

While The Picture Work is not responsible for, and does not review or comment on the content of Submissions provided by The Picture Works users, The Picture Works reserves the right in its discretion to (i) delete, move or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that The Picture Works deems necessary relating to use or misuse of the Service. The Picture Works may request confirmation of the copyright or trademark ownership from the submitter. If The Picture Works does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain Submissions, The Picture Works reserves the right to (i) suspend the shipping of an order relating to the Submission in question, and/or (ii) share the submitter’s account information with governmental organisations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, The Picture Works reserves the right to suspend the display, viewing or sharing of any Submissions until the issue has been resolved.

We recommend you keep back-up copies of your Submissions on your hard drive or other personal system. The Picture Works service is not intended as a back-up solution.

The Picture Works will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

Copyright notice

The Picture Works is committed to protecting photographers’ and artists copyrights and expects users of the Service to do the same. Each image submitter is required by international law to own the right to, or to obtain permission to, use any image before the image is uploaded or printed at The Picture Works. If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

The Picture Works 97 Upper Georges St Dun Laoghaire Co Dublin Ireland info@thepictureworks.com

2. Third-party software

We may make third party software available to you from time to time. To access such third party software, you must first agree to the third party software provider’s terms and conditions governing use of such software which agreement will be between you and the third party software provider. The Picture Works is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties relating to such software.

This means that we do not guarantee that any third party software you access will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. You acknowledge sole responsibility for and assume all risk arising from your download and use of any such software.

3. Third-party links

We may provide links to third-party sites that might be of interest to you, however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that The Picture Works is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by The Picture Works of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site’s privacy and other policies and terms of service, and to contact that site’s Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

4. Copyrighted material and software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of Republic of Ireland and foreign countries. You may not copy or distribute such material without the copyright owner’s prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

All right, title and interest in and to the The Picture Works site and Service is and will remain the exclusive property of The Picture Works and its licensors.

The site and Service are protected by copyright, trademark and other laws Republic of Ireland and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or Service on, or in connection with, any other website, for any purpose.

5. Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the Service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable lawyers fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

6. Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these Terms and any claims hereunder shall be governed by and subject to the laws of the Republic of Ireland, without regard to its conflict of law provisions, and hereby consent to jurisdiction and venue in the courts located in Dublin , Republic of Ireland.

7. Disclaimer of warranties

THE SERVICE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH The Picture Works’ SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, The Picture Works EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Picture Works MAKES NO WARRANTY THAT ITS SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. The Picture Works MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH The Picture Works’S SITE OR ADVERTISED THROUGH The Picture Works’S SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM The Picture Works OR THROUGH THE SITE OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL The Picture Works BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE PICTURE WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE PICTURE WORKS SITE OR SERVICES, FROM ANY CHANGES TO THIS SITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE PICTURE WORKS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE PICTURE WORKS WITH HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE PICTURE WORKS TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO €100. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE PICTURE WORKS HAS SET ITS PRICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SPECIFIED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Customer Policy for Idea Submission

Many of our customers are interested in submitting ideas for products and services to be used at The Picture Works, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers’ interest in improving our service; however, please note our policy on external idea submission:

• Unsolicited ideas submitted to The Picture Works or any of its employees automatically become the property of The Picture works
• By submitting unsolicited ideas to The Picture Works you automatically forfeit your right to the intellectual property of these ideas.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to The Picture Works or its employees.

10. Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you.

All items purchased through The Picture Works are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

When you place an order, The Picture Works will not bill you until we ship the items ordered. The Picture Works reserves the right to ship partial orders (at no additional cost to you). The portion of the order that is partially shipped may be charged to your credit card at the time of shipment.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this Service, and supersede all other communications, written or oral, with regard to the Service. The failure of The Picture Works to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.