Terms & Conditions.

Please read these terms and conditions carefully before viewing or using this website which is operated by imagicam Ltd. ( 'imagicam ' , 'imagicam Ltd.' , 'Our' , 'We' ).

imagicam's contact details are: imagicam House, 24 Pyegrove Chase, Forest Park, Bracknell, Berkshire. RG12 0WE, www.imagicam.co.uk e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

By using or accessing our website, you agree to be legally bound by these terms and conditions of use as they apply to your use of or access to our website. If you do not wish to be bound by these terms and conditions then you may not use our website.

imagicam Online Gallery Creation

Online Albums, FolioAgent portfolios or any other application used for displaying or selling images or other products via the imagicam website may only be created by users who have registered an account with imagicam Ltd. with the intention of using the imagicam Ltd. service. Subject to the provisions allowed by a specific service plan, registered users may create online galleries and upload images to them at any time. It is the responsibility of the user to ensure that all uploaded images are of the correct format, as per the imagicam image format requirements.

Some of the content on imagicam Ltd. may contain adult content and may not be suitable for children - be warned.

Do not use imagicam Ltd. to upload files or photos or other material that may be considered to be pornographic, vulgar, political, or offensive to us or any of our users. We reserve the right to monitor any images supplied to imagicam and to assess the suitability of them in terms for decency and appropriateness for the website. Any images that imagicam feel are not suitable will be removed immediately at any time without notice, explanation or liability without limitation. In these circumstances imagicam's decision will be final.

You are responsible for creating backups of anything posted to imagicam Ltd.. imagicam is not responsible for loss of access to, or deletion or alteration of any materials.

To satisfy National and International copyright laws, full permission from the owners of all images to be hosted in an imagicam Online Album, FolioAgent portfolio or any other gallery application must be sought before any image/s are put live. We regret that if such permission cannot be gained for each individual image, then images that do not have permission to be used cannot and will not be included in an imagicam Online Album, FolioAgent portfolio or any other gallery application.

Once a 'Request Live' has been received for a particular image or images, imagicam Ltd. will use its reasonable endeavours to process and put live the requested images by the 'Request Live Date' selected by the user. There will inevitably be situations, beyond the control of imagicam Ltd., whereby this will not be possible and for this reason, imagicam Ltd. cannot and will not guarantee the timescales for putting images live.

Images will not be posted live on the Internet until such time as the full payment requested for the service has been received by imagicam.

With respect to the creation of online image captions and front cover message text as may be provided through any imagicam application, imagicam Ltd. cannot and will not accept responsibility for their content or that of any other user editable data that may be viewed by visitors online. The imagicam website will be monitored from time to time and so we ask that if anything that is defamatory, infringing, obscene, or other unlawful material or information is found or such other material which causes you offence that you contact imagicam immediately so that we may investigate the position and take whatever action we deem appropriate.

An imagicam Standard Online Album will be hosted live on the Internet for a period of six months. This period will commence from the date that the Online Album is put live. An option to extend this period beyond six months is available. This option must be exercised within one month of the Standard Online Album hosting period ending.

Online Albums created in service plans that do not include LUXAlbum upgrades as standard may initially be put live with a seven day free trial of the imagicam LUXAlbum features. During this period, visitors to the Online Album may exercise the option to upgrade it to LUX for which a charge will apply. Albums upgraded to LUX will then be active for a period of twelve months, commencing from the date of activation. All functionality of the Standard Online Album will remain for the same period as the LUXAlbum.

An option to extend the LUX Album Upgrade beyond the activation period is available. This option must be exercised within one month of the LUX Album Upgrade activation period ending.

Uploads - And Our Fair Usage Policy

While you may upload as many images as required within the Image Quota stipulated on a respective service plan, imagicam operates a Fair Usage Policy, which is required to protect the integrity of our servers for all users.

Only customers uploading in excess of 10,000 images a month are likely to be impacted by our Fair Usage Policy. Although an average user is unlikely to upload anywhere near that amount of images, the Fair Usage Policy may identify a very small number of very heavy users. We will communicate with these users to try and establish what is driving the high usage and how individual usage patterns and habits can be modified. In extreme cases, imagicam may discontinue service for any organisation or individual at its sole discretion without liability for any loss incurred as a result of such action and for whatever reason.

We may from time to time change the terms of this Fair Usage Policy to keep it up-to-date with the value and range of services that we provide to our customers.

Prices and Product Availability

All prices displayed within the imagicam website for services and/or products offered by imagicam Ltd. are quoted in Great Britain Pounds (GBP) only. If imagicam Ltd. offer any products or services directly, imagicam Ltd. reserve the right to change, update or delete product information and prices on its website when appropriate without prior notice to you.

Prices and currencies for products and/or services offered by parties other than imagicam Ltd. via the imagicam website are completely within the control and discretion of the advertisers, sponsors and other third parties and may be changed at any time. imagicam Ltd. cannot guarantee availability of any advertised or offered products for sale or delivery, or the delivery of any services advertised or offered.

imagicam Ltd. also disclaims all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through a third party is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services of those third parties.

imagicam Ltd. is continually reassessing the content and quality of services we provide to our customers. For this reason, imagicam Ltd. reserve the right to make changes to the website content and service offerings without prior notice to you.

Site Security

imagicam Registered Account Holders

You shall agree that all information you provide during your registration or otherwise is true, accurate, and complete. imagicam Ltd. reserve the right to refuse service or subscription to any person or entity for any or no reason whatsoever. To obtain some specific Services, you will provide a password to be used with your user name. You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur using this user name and/or password. You agree to immediately notify imagicam of any unauthorised use of your user name and/or password or any other breach of security. You shall also agree to exit from your account at the end of each session. imagicam Ltd. cannot and will not be liable for any loss or damage arising from your failure to do so. For more information on security, see our Privacy Policy.

Your imagicam Album Management Area password is protected so that only you can access your Album Management Area and view the user information relevant to your account. We recommend that the password not be divulged to anyone. imagicam Ltd. will never ask for account passwords in an unsolicited phone call or e-mail. In the event that the password is forgotten, imagicam will only reissue one to the email address that is registered with your account. Ultimately, you are responsible for maintaining the secrecy of your password and any account information.

imagicam Online Album Customers

Your imagicam Online Album password and Album Admin password is protected to prevent unauthorised access of your Online Album. In the event that a username and/or password is forgotten, we will only reissue one to the customer email address registered during your Online Album creation. imagicam Ltd. will never ask you for either your username and/ or password together in an unsolicited phone call or e-mail. We recommend that you do not divulge your Album Admin username and password to anyone. Ultimately, you are responsible for maintaining the secrecy of your password and to whom you divulge your Online Album access details.

Site Accessibility

Failure of Performance or Delays Beyond Our Reasonable Control

imagicam Ltd. will not be responsible for any cessation, interruption or delay in the accessibility or operation of the imagicam website, or failure of performance in any respect, by reason of commercial impracticability or causes beyond its control including, but not limited to: the failure of any server hardware or software to operate or function properly; the inability to link to, access, conduct business or confirm transactions on or through the imagicam website whether caused by server hardware or software failure or caused by any Internet service provider or other third party; weather, casualty or natural disaster; civil disturbance; disruption of the public markets; war or armed conflict; sabotage; act of a public enemy; power or other essential commodity or service required in the conduct of its business; lack of availability of any product or service advertised or promoted on the imagicam website; or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree binding on such party.

In the event that the imagicam website is offline for greater than twenty four hours in any one period, imagicam Ltd. will compensate its customers by extending the Online Album hosting period for all affected live Online Albums by twenty four hours for every complete twenty four hour period the imagicam website was not accessible. The awarding of such compensation will be at the discretion of imagicam Ltd. No other compensation whatsoever will be given in such circumstances.

You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.

Browser Incompatibility Issues

There are many known incompatibility issues that exist between the various browser types that are used to access the Internet and subsequent versions thereof. The imagicam website has been optimised to use the latest versions of Chrome, Firefox, Safari and Internet Explorer browsers. We are continually working hard to address issues that arise but with that said, we cannot and will not guarantee fault free viewing of the imagicam website with any device or browser type, particularly if a browser other than those recommended is being utilised.

Linked Sites

Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other web or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

Using the imagicam Name, Trademarks and Logos

imagicam Ltd. trade names, trademarks, logos and images (the 'imagicam Ltd. Proprietary Materials') belong exclusively to imagicam Ltd.. imagicam Ltd. advertisers and sponsors are not permitted to use the name 'imagicam', or any imagicam Ltd. Proprietary Materials, or any copies or confusingly similar names, marks, logos or images, or any other materials provided by imagicam Ltd., unless prior written approval has been received from imagicam Ltd..

Downloaded Content

It is your responsibility as a user of imagicam Ltd. to take precautions to ensure that information, data, and software you download or otherwise select for your use is free of viruses and other destructive items.

Liability

We exclude all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the products/ services we offer on our website or any information or service provided through our website to the fullest extent as permitted under English Law.

In relation to the purchase of products/ services, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or anything from imagicam Ltd., we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of imagicam our servants, agents or any other person.

If we are liable to you for any reason, our liability will be limited to the amount paid by you for the product/ service concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.

The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

If any provision of these terms is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of these terms and the remainder of such provision shall continue in full force and effect.

For the purposes of the Contracts (Rights of Third Parties) Act 1999 and notwithstanding any other provision set out in these terms nothing set out in these terms is intended to, and does not, give any person who is not a party to an agreement with imagicam any right to enforce anything set out here.

These terms and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.

You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms.

Online Payment Security

Credit Card Security

We have made strenuous efforts to ensure that security is one of our highest priorities. We have devoted a great deal of effort to ensure that our online security measures help to safeguard your information. In doing so we have taken the following important steps:

  • Credit Card details are taken through an on-line secure server system provided by WorldPay.
  • All transmissions of data are encrypted.
  • imagicam Ltd. never sees the card details, only WorldPay.
  • The card details are taken, the card validity checked and the transaction fulfilled whilst you, the shopper are still on-line.
  • The system provides you, the shopper and imagicam with a confirmation of the transaction.

We hope that once you understand the measures we take to help ensure secure transactions and privacy, and the steps you can take yourself, you will be as happy about the safety of your online transaction and order information as we are. If you have any further concerns or queries please do not hesitate to contact us.

Copyright/ Trademark Notice

© imagicam Ltd. 2001 - 2017 All Rights Reserved

The images, information and material on this website is protected by copyright and/or database right throughout the world and are owned by imagicam Ltd. or its licensors. You may not commercialise or otherwise copy or make use of it without our written permission.

 

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