TERMS AND CONDITIONS
Last Updated: September 12, 2021
Welcome to Overlook Photography! Overlook Photography creates beautiful and unique images of landscapes and nature around Cornwall, UK. Before you use or access our services, you must carefully review the Terms and Conditions set out below (the “Terms”). Specific pages on our website (the “Services”) may set out additional terms and conditions, all of which are incorporated by reference into these Terms. We may be change or update these Terms at any time in accordance with Section XVII, but you can always find the most recent version here.
Your use of the Services indicates your acceptance of these Terms and agreement to be bound by them. Acceptance of these Terms creates a binding contract between you and Overlook Photography whereby you agree to use the Services only in accordance with these Terms. If you have questions about these Terms, please contact Customer Support. Your use of the Services is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Services.
Please read and carefully review these Terms, as they form a legally binding agreement between you and Overlook Photography. You should pay special attention to the arbitration provision set forth below which, except and to the extent prohibited by law, requires you to arbitrate any claims you may have against Overlook Photography on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
I. Your Account
The Services are intended for adults. This means you must be at least 18 years old to use the Services. You can create an Overlook Photography account if you are at least 18 years old and submit certain requested information to Overlook Photography, including your name and correct email address. As a customer, you must provide Overlook Photography with true, accurate, and complete information about yourself when requested (whether by questionnaires, surveys, registration forms, or other informational requests), and must keep that information updated so it is current and accurate. You are responsible for preserving the confidentiality of your account and password, for restricting access to your account, and for all activities that occur under your account or password. You will immediately notify Overlook Photography of any actual or suspected unauthorized use of your account.
For French residents only, if you provide your phone number, you have the right to object to being contacted by phone for direct marketing purposes at any time, by registering free of charge on www.bloctel.gouv.fr.
II. User Conduct
You may not use the Services to process Prohibited Content. “Prohibited Content” includes, but is not limited to, Content or other material that:
- Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, violent, offensive, constitutes hate speech or is otherwise inappropriate;
- Consists of copyrighted material used without the express permission of the owner or material that has been altered so that the copyright, trademark or other proprietary notice is removed;
- Violates or otherwise encroaches on the rights of others including, but not limited to, intellectual property, privacy, publicity or privacy rights;
- Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Services (collectively “Corruptive Code”);
- Advocates illegal activity;
- Violates any law or regulation;
- Harms or advocates harm against anyone, including minors; or,
- Provides a link to material associated with any of the above.
By viewing the Services, you may be exposed to Content that you consider offensive. You take sole responsibility for any such exposure.
III. Third Party Software
As a convenience, Overlook Photography may make third-party software available through the Services, including by downloading. To use such software, you will agree to the terms and conditions imposed by the third-party software provider. The agreement to use such software will be solely between you and its third-party provider. Overlook Photography makes no representations or warranties concerning, and is not liable or responsible for, any such software.
IV. Links to Other Sites
The Services may contain links to other websites. We are neither responsible for the availability of these external sites, nor do we endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of, or reliance on, any content, goods or services available on external websites. These websites have their own privacy and data collection practices, and we are not responsible for their privacy practices. We recommend carefully reviewing the user terms and privacy notice of these other websites prior to use.
V. Privacy Notice
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Notice.
VI. Copyright & Trademark Ownership
The Services contain copyrighted material, trademarks and other proprietary information including, but not limited to, videos, comments, articles, information, catalogues, brochures, data, text, software, photos, and graphics (individually and collectively the “Overlook Photography Content”). The Overlook Photography Content is subject to copyrights and other intellectual property rights owned by Overlook Photography and other individuals or entities and is protected under United Kingdom and international law.
The names, trademarks, service marks, and logos of Overlook Photography belong exclusively to Overlook Photography and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any intellectual property right of Overlook Photography or any third-party.
VII. Your Intellectual Property Rights & License Grant
Content License. In order for Overlook Photography to provide the Services to you, you agree to bound by the terms of the image and content licences of Overlook Photography. These licences govern the use of content obtained by you from Overlook Photography in the forms of either samples, images displayed on the web site or images obtained in printed format via payment of the specified fees. Under the content licence you are hereby granted the perpetual, irrevocable, worldwide right to display Overlook Photography content. You may not modify, distribute, transmit, and make derivative works of the Content. Overlook Photography may display examples of the Content solely for the following purposes: (a) providing the Services to you; (b) showing you how your Content would appear in a product or service offered by Overlook Photography or one of its agents; and (c) improving the Services (e.g., customer support, technical support and/or vendor fulfilment). For example, we may show you a sample product, such as a card or calendar that includes one of an images, for your potential purchase.
Warranty. As a condition to account creation, you represent and warrant to Overlook Photography that ownership of the Content is retained by Overlook Photography or that you have written permission from the copyright (or other intellectual property right, such as droit d’auteur and trademark) owner to make such Content available to the Services and that the Content does not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any personal, copyright, droit d’auteur, trademark, trade secret right or other intellectual property or other proprietary right of any third-party.
The Services and Content are protected by U.K. and international copyright and intellectual property laws and by other applicable laws. You may not Process any Content owned by someone else without the express written consent of its owner. You are solely liable for any intellectual property infringement or other violations that arise or result from your use of the Services.
VIII. Limited Warranty
EXCEPT FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAW, ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. WITHIN THE LIMITS OF APPLICABLE LAWS, OVERLOOK PHOTOGRAPHY WARRANTS ONLY THAT PRODUCTS WILL BE PROVIDED TO YOU IN USABLE CONDITION. IF YOUR PRODUCTS ARE DAMAGED OR OF UNACCEPTABLE QUANTITY OR QUALITY, OVERLOOK PHOTOGRAPHY’S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR OVERLOOK PHOTOGRAPHY, AT ITS SOLE OPTION, TO EITHER (i) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCTS, OR (ii) REPRINT THE PRODUCTS AT NO EXTRA COST.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, OVERLOOK PHOTOGRAPHY AND ITS AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OVERLOOK PHOTOGRAPHY MAKES NO WARRANTY THAT (i) THE SERVICES WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICES WILL MEET YOUR REQUIREMENTS. OVERLOOK PHOTOGRAPHY MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICES OR THAT ARE ADVERTISED ON THE SERVICES, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, UNLESS SUCH DAMAGE IS IMPUTABLE TO US. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
For German residents only, if the delivered goods are defective, you are entitled, within the scope of legal provisions, to request rectification, withdraw from the contract, or reduce the price.
For French residents only, certain warranties may automatically arise, as described below:
Overlook Photography provides the legal warranty of conformity as set forth in articles L. 217-4 et seq. of the French Consumer Code and the legal warranty against latent defects as set forth in articles 1641 to 1648 and 2232 of the French Civil Code.
As regards the warranty of conformity, you have a period of two years from the delivery of the product within which to act. You can choose between the repair or replacement of the product, provided that your choice does not lead to a manifestly disproportionate cost in relation to the other option, given the value of the product or the extent of the defect, pursuant to article L. 217-9 of the French Consumer Code. You are not required to provide proof of the existence of a lack of conformity during the 24 months following the delivery of the product. This legal warranty of conformity is applicable irrespective of the commercial guarantee which may have been granted. Please note that Overlook Photography does not grant any commercial guarantee. In addition, you may implement the warranty against hidden defects of the product sold within the meaning of article 1641 of the French Civil Code. In this case, you can elect between the sale being cancellle or the sale price being reduced pursuant to article 1644 of the French Civil Code.
IX. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, OVERLOOK PHOTGRAPHY WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICES, EVEN IF OVERLOOK PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
In addition, when using the Services, information will be transmitted over a medium which is beyond the control and jurisdiction of Overlook Photography, its partners, advertisers, and sponsors or any other third party mentioned on the Services. Accordingly, Overlook Photography assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH OVERLOOK PHOTOGRAPHY IS TO DISCONTINUE YOUR USE OF THE SERVICES OR ANY SERVICE OFFERED BY OVERLOOK PHOTOGRAPHY. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
X. Order and Shipping Information
After creating your products, from your shopping cart you will be able to review/edit your products, and/or remove your products before placing your order.
Your order constitutes an obligation to pay, subject to acceptance by Overlook Photography at our sole discretion. Your order is accepted by us when we ship the goods to you. An order confirmation does not signify our acceptance of your order, but merely confirms receipt of your order. We will send you a shipment confirmation once your order is accepted.
Overlook Photography reserves the right to cancel any order prior to delivery at our sole and absolute discretion, whether or not you have already been charged. If your order is cancelled pursuant to this section, and you have already been charged, Overlook Photography will automatically issue a refund to you. As the products are individually produced, an approximate availability and delivery time are shown alongside the product description prior to order completion. The products will be delivered as soon as they are available. The times are estimates only and cannot be guaranteed. At the latest, delivery will occur within thirty (30) days from acceptance of your order by Overlook Photography.
Please note that Overlook Photography is not able to deliver to all regions worldwide. If your desired country for delivery is not in the dropdown list of countries on the order entry page, then we do not currently deliver to that country.
All prices are subject to the delivery charges that are stated on our Services, as well as any applicable taxes, duties, fees, or levies. All prices are inclusive of value added tax (VAT) or goods and services tax (GST) at the appropriate rate, where applicable. Overlook Photography reserves the right to change the prices published on the Services at any time. However, orders already submitted to us will not be affected by such changes.
Please note that merchandise may include logos or brand elements that are owned by Overlook Photography. We seek to ensure that these Overlook Photography brand elements are subtle, and they often appear on the back of the product. If you have any additional questions about how these elements may appear on your product, please contact us.
XI. No Right to Withdraw Orders Once Placed
There is no right to withdraw your order once it is placed as all goods are made to your specification. However, if goods are faulty, Overlook Photography will either refund the full purchase price (including shipping), or reprint the product at no additional cost. Additionally, the terms under Notice of Defects apply. In no other circumstances will Overlook Photography provide a refund.
XII. Notice of Defects
You have the following rights in addition to your rights under Section VIII:
(1) Your acceptance of the products occurs upon delivery of the products and will be presumed unless you notify us of defects by visiting www.overlookphootgraphy.co.uk/contact as soon as reasonably possible but in any case no later than within 28 days after the delivery, or in the case of non-delivery, you must notify Overlook Photography within a reasonable time after the products were expected to arrive.
(2) Please specify the delivery note/invoice number when reporting defects.
(3) Please note that only technical inadequacies and inaccuracies, which were avoidable with the technology available is considered a defect, but does not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
(4) It is important to notice that all sizes mentioned on the Services are approximate and some deviations can be expected as the products are created on an individual basis.
Overlook Photography may terminate your account (or any part thereof) or your use of the Services, and remove and discard any Content at any time, for any reason, including: (i) upon your request, (ii) conduct that violates these Terms or other policies or guidelines set forth by Overlook Photography elsewhere within the Services, (iii) conduct Overlook Photography believes is harmful to other Overlook Photography users or the business of Overlook Photography, or (iv) failure to maintain Active Participation in the Services. You agree that, to the extent permitted by applicable law, we will have no liability whatsoever to you or any other party as a result of a termination of your access to our Services, the website or mobile application, to your account and/or as a result of the deletion of any Content in or related to your account.
XIV. Choice of Law
Except where and to the extent prohibited by law, by using the Services you and Overlook Photography agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of them, other than disputes related to or involving Overlook Photography’s intellectual property, (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party seven (7) days in which to respond to or settle the Dispute.
Notice shall be sent to:
- Overlook Photography, Attention: Legal Department, 2 Cleave Close, Wadebridge, Cornwall, PL27 6FR, United Kingdom, or
- You at the address we have on file for you.
Both you and Overlook Photography agree that this Dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THIS PROCEDURE, YOU AGREE TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS THE SOLE AND EXCLUSIVE MEANS FOR RESOLVING SUCH DISPUTE. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable, with the exception of disputes related to or involving Overlook Photography’s intellectual property.
For German residents only, the laws of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
XV. Modification of Terms
Overlook Photography may amend these Terms at any time and for any reason, including the right to terminate all or any part of the Services. When we do so, we will update the “Last Updated” date at the beginning of these Terms. You will be notified of any amendments or modifications made by Overlook Photography to these Terms and given an opportunity to accept the new Terms or cease use of the Services.
XVI. Entire Agreement
These Terms constitute the entire agreement between you and Overlook Photography governing your use of the Services. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control.
The failure of Overlook Photography to exercise or enforce any Term will not constitute a waiver of such Term. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavour to give effect to the parties’ intent with regard to the provision as reflected in the Terms, and that the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Services or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.