Terms & Conditions
DISCLAIMER
The use of this Site is subject to these Terms of Use. This Site is owned by ArcK Photography & Printing trading as ArcK Images (referred to as “We” or “us” or “our” in this section. In entering this Site, you as user agree to be bound by these Terms.
Services Available on an "As-in" Basis; Warranty Disclaimer
This Site, the material on the Site or made available via the Site (referred to in this section as the "Content") are provided on an "as in" and "as available" basis.
To the full extent permitted by law, We exclude all liabilities in contract or negligence and We disclaim all express or implied warranties:-
(a) Of merchantability and fitness for a particular purpose;
(b) Of non-infringement and title;
(c) That the use of the Site will be free from any interruptions, delays, inaccuracies, server down-time, errors or omissions;
(d) That the Site will be free from viruses, worms or other harmful components;
(e) That the Content will satisfy your requirements or expectations; and
(f) That the Content presented or displayed on this Site are correct, accurate or reliable.
Content of the Site
The Content belongs to us and You acknowledge that We are the owner of all intellectual property rights including copyright in the Content. Subject to the following exception, all the sales of the Content on this Site are for private and personal use only. Notwithstanding the foregoing, if You are media organisations, digital files available can be used for editorial use and only for that purpose.
You may only use the Content for Your personal, non-commercial use, and provided that You acknowledge we are the copyright owner. You may not otherwise distribute, reproduce, modify or in any way commercially exploit any of the Content in any manner for public or commercial purposes. Under no circumstances should the use of the Site be construed as granting a license or right to use any of the intellectual property rights displayed in the Site save as expressly allowed under These Terms.
You shall indemnify and hold us free and harmless from any claims arising from Your use of the Content that are brought by or asserted from any person or entity.
Interpretation
The following terms will be given the following definitions when used in these Terms of Use and on this Site:
"Commercial Use" means the use of an image to advertise, market or promote a product, service or entity, for advertising, promotion, marketing, merchandising, raising of funds, or in any way endorsing any good or service.
"Editorial Use" means the use of an image for editorial, factual, educational, news, informational and/or historical purposes, including in order to depict persons, places or event of public interest.
"Personal Use" means the private display of an image print in a non-public setting solely for an individual's personal appreciation.
Limitations on Liability
To the maximum extent permitted by applicable law, We, our directors, officers, employees, partners, licensors, agents or other representatives shall not be liable for:-
(a) Any direct, indirect, incidental, exemplary, punitive, or consequential damages of any kind;
(b) Loss of: profits, revenue, data, use, good-will or other intangible losses;
arising out of or in connection with the use of this Site or its Content, sales of its Content or reliance on its Content.