1. The Print Service is operated by Diamond Photos whose principal business address is Diamond Photos, 28 Ballards Lane, Finchley Central, London N3 2BJ. Diamond Photos is also referred to in these Terms as “we” and “us”. We reserve the right to amend these Terms from time to time.
2. The Print Service (the “Service”), operated by Diamond Photos, is only available to customers in the UK and Ireland. The Service offered allows you to order via the internet: photographs; photo gifts; posters; and canvas prints of your images. Your images will be uploaded and stored in accordance with section 18 below. Once your order has been completed and payment is confirmed Diamond Photos will prepare your order for you to pickup by visiting our store within normal working hours. Unless otherwise expressly stated, all new features and/or enhancements of the Service will be subjected to these Terms.
3. Diamond Photos uses reasonable endeavours to ensure that the Services is available 24 hours a day 7 days a week. Telephone assistance will be available during normal working hours. On occasion the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Diamond Photos. Diamond Photos will take reasonable steps to minimise such disruption where it is within the reasonable control of Diamond Photos. You agree that Diamond Photos shall not be liable to you for any modification, suspension or discontinuance of the Service.
5. All brand, product and service names used in the Service which identify Diamond Photos or third parties and their products and services are the property of Diamond Photos and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any licence or right on the part of, Diamond Photos or any third party with respect to any such image, logo or name.
6. Diamond Photos and/or the relevant third parties are, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilise or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means).
7. Diamond Photos does not endorse or take responsibility for the content on other websites or the availability of other websites which you access via the Service and you agree that Diamond Photos is not liable for any loss or damage that you may suffer by using other websites.
8. These terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising under or in connection with these Terms shall be subject to the jurisdiction of the courts of England and Wales.
9. These terms constitute the entire agreement between Diamond Photos and you with respect to your use of the Service. Diamond Photos failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more right or provision contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
10. No contract will exist between you and Diamond Photos for the supply of any services or products unless and until Diamond Photos accepts your order by a confirmatory e-mail.
11. All prices are stated in UK £’s sterling and are valid until altered by us. Prices do not include any delivery charges or duties. Any dates specified for delivery of any products are intended to be an estimate only.
12. Please read carefully Diamond Photos Returns Policy which forms part of these Terms.
13. For the sole purpose of fulfilling any orders for you, you grant to Diamond Photos a non-exclusive, royalty-free licence to use, copy, distribute, and display your images.
14. You are personally responsible for all of the images you order for print or copy using the Service. You must have the legal right to copy each image that you order for print. Professional images that are provided to you by professional photographers or made available through websites, magazines, books or other resources, are protected by copyright and should not be sent to the Service to be printed.
You agree not to use the Service:
15.1 for any unlawful purpose;
15.2 to upload, post, order for print, email or otherwise transmit or communicate any material that is obscene, indecent, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
15.3 to upload, post, order for print, email or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including but not limited to Diamond Photos and
15.4 to harm minors in any way, including, but not limited to, content that is indecent, violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
15.5 to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
15.6 to upload, post, email or otherwise transmit any material which is likely to cause harm to Diamond Photos or anyone else’s computer system, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service;
You further agree that you shall not:
15.7 interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or
15.8 provide any information to Diamond Photos that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
16. Diamond Photos does not control the content of your images and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material you provide to the Service.
17. You agree that Diamond Photos may at any time without notice:
17.1 move or suspend any part of the Service; or
17.2 refuse to fulfil any order, or any part of any order and delete any images you have sent to the Service if, in Diamond Photos’ sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Diamond Photos to do so.
18. Diamond Photos will retain your images for seven days from the date you have collected them after which they may be deleted without further notice being given to you. Diamond Photos may change this policy at any time, upon reasonable notice to you.
19. Diamond Photos agrees that all services will be carried out with reasonable skill and care, and any good supplied will be of satisfactory quality and reasonably fit for its purpose.
THE SERVICE, DIAMOND PHOTOS’S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY DIAMOND PHOTOS “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, DIAMOND PHOTOS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR IMAGE TO DIAMOND PHOTOS, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT AND DIGITAL IMAGES. IN THE EVENT OF ANY LOSS OR DAMAGE TO YOUR DIGITAL MEDIA OR IMAGE, DIAMOND PHOTOS SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF A LIKE AMOUNT OF BLANK DIGITAL MEDIA. IN THE EVENT OF ANY MISTAKE BY DIAMOND PHOTOS, SUCH AS THE SHIPMENT OF A DEFECTIVE PRODUCT, DIAMOND PHOTOS WILL BE LIABLE ONLY TO THE EXTENT OF ITS RETURNS POLICY.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, DIAMOND PHOTOS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, DIAMOND PHOTOS’S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF DIAMOND PHOTOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
20. Nothing in these Terms and Conditions shall confer on any third party any benefit or right to enforce any term of this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms.
Diamond Photos Returns Policy
1. The Service is not a colour matching service and although we will endeavour to produce the best quality from each image there will be colour variations and colour shifts caused by many factors including your own monitor settings and calibration.
2. You may return any item (excluding personalised products or bespoke orders) if you are unhappy within 14 days of receipt for an exchange ensure your receipt and order reference number is enclosed and the item is in its original packaging and not damaged.
Terms of website use
This agreement is between Diamond Photos (referred to as “us”, “our” or “we” in these terms) and the visitor to our website (referred to as “you” or “your” in these terms).
2 Use of material
We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose.
3 Intellectual property
Our website and all of the related pages, including but not limited to content, software, code, graphics or other material contained either in the sponsor advertisements or electronically distributed on this website is owned by us Diamond photos or the sponsors or all or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted material, trademarks or any other intellectual property without the expressed written consent of the owner is strictly prohibited.
4.1 We do not give any warranty, condition, guarantee or representation, express or implied, relating to information contained on this website or to any website to which it is linked.
4.2 Further, we do not warrant that our website will be free of error or that the website and the server are free of computer viruses or other harmful applications.
5 Links to third party sites
We may from time to time, let you leave the site to linked sites. The linked sites are not under our control and we explicitly state that we are not responsible for the contents of any linked site. The links are provided for your convenience and any such link does not imply endorsement by us of the site or of any association with the operators of the site.
6 Who we are:
This website is owned and controlled by Diamond Photos.
The full postal address is Diamond Photos, 28 Ballards Lane, Finchley Central, London, N3 2BJ. Telephone number: +44 (0) 208 346 8687
7 Limitation of liability
7.1 We shall not be liable to you, except in respect of injury or death of any person (for which no limit applies within the jurisdiction of England and Wales) regardless of the form of action, whether in contract, tort (including negligence and breach of statutory duty), strict liability, or otherwise whatsoever, for any loss of profit, business, contracts, or revenues, or for any special, indirect or consequential damage of any nature whatsoever arising directly or indirectly out of your use of our website.
7.2 If you enter our website, you agree that this clause 7 relating to limitation of liability is reasonable and it reflects the nature of a website.
If any term is held to be invalid, unlawful or unenforceable, it shall not affect the enforceability of any of the remaining terms.
Copyright Notice This website is owned by Diamond Photos (referred to as “us”, “our” or “we” in these terms). This Copyright Notice refers to our website, and applies to each visitor to our website (referred to as “you” or “your” in these terms).
2 Intellectual Property
Our website and all of the related pages, including but not limited to content, software, code, graphics or other material contained either in the sponsor advertisements or electronically distributed on this website is owned by us or Diamond Photos or the sponsors or all or both and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unauthorised use of any copyrighted materials, trademarks or any intellectual property without the express written consent of the owner is strictly prohibited.
3 License to use material
3.1 We recognise that when you obtain access to our website, your computer downloads a copy of the material on this website. By obtaining access to our website, you agree that you will use the material for your personal use only. You agree not to use the material for any commercial purpose.
3.2 In particular, notwithstanding the content of clause 2 above, you may not do any of the following without prior written permission from us:
3.2.1 redistribute or modify any of the content of our website unless you obtain written permission from us by way of an authorised officer;
3.2.2 remove any copyright or trade mark notices from any copies of the content;
3.2.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the content of our website.
This Privacy Statement is provided by Diamond Photos (referred to as “us”, “our” or “we” in these terms) for the information of visitors (referred to as “you” or “your” in these terms) to our website.
1. We wish to demonstrate our firm commitment to your rights to privacy. This is why we have set out the privacy guidelines set out below. You will probably appreciate that these guidelines will need to change over time. We will post changes to this page when such changes are necessary.
The information contained in this Privacy Statement shall be governed and construed in accordance with English law and be subject to the exclusive jurisdiction of the English courts.
3 Who we are
This website is owned and controlled by Diamond Photos.
The full postal address is Diamond Photos, 28 Ballards Lane, Finchley Central, London, N3 2BJ.
Telephone number: +44 (0) 208 346 8687
Email address: firstname.lastname@example.org
4 Data Protection Act
Diamond Photos has notified the Data Protection Commissioner under the terms of the Date Protection Act that it may obtain information about data subjects.
5 Information gathered by us
5.1 You will appreciate that we need to gather some personal information from you when you wish to buy our products or services. The full details of the information we need is set out on the order form. You can volunteer some of the information we ask, but you are not obliged to fill in all the boxes marked with an asterisk.
5.2 Any information that is gathered from visitors or customers to this site is not sold, made available to, or otherwise distributed to third parties for any purpose.
5.3 We may, on occasions, collect additional personal information from surveys and contests, which you will not be obliged to fill in or return to us.
5.4 The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis.
5.5 We also collect demographic and profile data on our website. This information may be combined with other forms of information to permit us to bring together, in aggregate form, information about the people who use our site. Such information will enable us to understand, in general terms, user preferences in relation to the content of the site and the effectiveness of the advertising.
6 Information that is automatically logged
When you enter our site, we use your internet protocol (“IP”) address to help diagnose problems with our server, to administer our website and to help identify you. We also have the ability to know what type of operating system and browser software you use and to identify the geographical location of your browser. Your IP address is also used by us to gather broad demographic information and other purposes, such as monitoring visitor frequency.
8 What do we do with the information we collect
8.1 The information in aggregate form permits us to carry out an analysis of user behaviour in general. This allows us to measure overall interest in our site and to help us develop the site to make it more interesting in general terms. We will also be able to inform advertisers how many users have clicked on to the various advertisements displayed on our site. The analysis we perform does not include any personal information provided by you. We merely use the aggregate form of the information for these purposes. We will not provide any personal information to any third party unless you give us specific authority to do so.
8.2 You have the option on the relevant order form to indicate whether you wish to receive promotional e-mail about the services that we and our advertisers offer. We will not send you any such promotional e-mail if you do not indicate your agreement to receive such information.
9 Sharing information
We share the information we gather with advertisers and other partners. The information we share comprises information in aggregate form only. We do not share personal information about anybody unless we have your specific permission to do so.
10 Registration and order forms, surveys and contests
10.1 Our order forms, surveys and contests ask you to provide us with your contact details, such as name, postal and e-mail addresses. In addition, we need financial information, such as details of your bank account or credit card number when you order from us.
10.2 The information you provide will enable us to provide information about our company to you and to contact you. We will only provide this information where you indicate that you wish to receive further information from us on a regular basis.
11 Telling you what information we hold about you
If you wish to know what information we hold on you, please contact us. We will only send this information to the e-mail address we have on file, unless you send us your postal address and request us to send the information to you at your postal address
12 Removing and correcting information
If you request us to remove your personal information from our database or you wish us to amend or change the information we hold about you on our database, we will remove or amend any such information on your request.
15 Data quality
You may change and modify the information you have previously provided to us, as follows:
15.1 Send an email to us at email@example.com
15.2 Send a letter to Diamond Photos, 28 Ballards Lane, Finchley Central, London, N3 2BJ.
16 Contact us
If you have any questions about this privacy statement, how we run the website or your dealing with our website, please send an e-mail to us at firstname.lastname@example.org