ImagePark.co.uk Legal Notices
Copyright Notice
Copyright © ImagePark.co.uk. All rights reserved. The material on this site may not be reproduced and may not be distributed, publicly performed, proxy cached on AOL or otherwise used, except with the prior express permission of ImagePark.co.uk (alternatively referred to as "ImagePark," "We," or "Us").
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Custodian of Records
For enquiries please see contact page.
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ICRA and Site Blocking Information:
The Site is rated by the Internet Content Rating Association ("ICRA").
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1. ImagePark.co.uk CONTENT AND USER SUBMISSIONS
The contents of the ImagePark Internet service ("the Service") are intended for the personal, non-commercial use of its users. All materials published on the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips (collectively, the "Content") are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by ImagePark.co.uk or the original copyright holder of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
The Service is protected by copyright as a collective work and/or compilation, pursuant to U.K. copyright laws, international conventions and other copyright laws. Except as set forth in Section 1 of these Terms of Service, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Service in whole or in part.
You may download or copy the Content and other downloadable items displayed on this Service for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, non-commercial use is expressly prohibited without the prior written permission from us, or the copyright holder.
We may use photographs, images, illustrations and video clips supplied to us by the model to advertise the model. These are provided to us in good faith and on the understanding that permission has been obtained, if necessary, for their use as promotional material for the model.
If you believe that content has been used on the Site in a manner that constitutes copyright infringement, please provide us with a written notice (email is sufficient) that includes the following information:
an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the copyrighted work claimed to have been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
We endeavour to remove or replace such an image immediately we are notified. You may alternatively request a credit be added to said material to reflect ownership. Please add a read receipt to your email to ensure we receive it.
Our Address for notice of claims of copyright infringement on this Site is:
By Email:
copyright@imagepark.co.uk
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3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
The Site contains links to other related World Wide Web Internet sites, resources and sponsors of the ImagePark. Selection of an ad banner or link will redirect you off of the Site to a third party Web site. Interactions that occur between you and the third party are strictly between the you and such third party and are not the responsibility of the ImagePark. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ImagePark does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party Web site.
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4. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind submitted by you or ImagePark’s use thereof in accordance with the terms and conditions of these Terms of Service, will (i) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (ii) contain unlawful material; (iii) constitute false or misleading indications of origin or statements of fact; (iv) slander, libel or defame any person or entity; or (v) cause injury of any kind to any person or entity; or (vi) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old. You hereby indemnify, defend and hold ImagePark and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable legal fees. You shall cooperate as fully as reasonably required in the defence of any claim. ImagePark reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of ImagePark without ImagePark’s prior written approval.
As a model being promoted on our site, you agree to be bound to all of the Conditions herein with particular emphasis being placed on condition 4.1 above.
ImagePark neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. THE SITE, THE SERVICE, THE SOFTWARE (DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY ImagePark OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE PROVIDED "AS IS." ImagePark MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY MATERIALS PROVIDED THROUGH THE SERVICE. ImagePark DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE.
You hereby acknowledge that the use of the Site and the Services available therein is at your sole risk.
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5. LIMITATION OF LIABILITY
ImagePark SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION WITH USE OF THE SERVICE, THE SOFTWARE OR ANY OF THE MATERIALS PROVIDED BY THE IMAGEPARK OR THIRD PARTIES THROUGH THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE IMAGEPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law.
To the fullest extent permissible under applicable law, ImagePark’s aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to One Hundred British Pounds (£100).
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6. SOFTWARE LICENSES
You acknowledge and agree that you shall have no rights to the proprietary software and/or any related documentation, enhancements or modifications thereto, provided to you to improve our Service ("Software"). You may not sublicense, assign or transfer any licenses granted to you by ImagePark, and any attempt at such sublicense, assignment or transfer is void. You may make one (1) copy of such software for archival purposes only. You may not copy, distribute, modify, reverse, engineer or create derivative works from the Software.
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7. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized service.
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8. TERMINATION
ImagePark may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of the Service for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
ImagePark, including, without limitation, its authorized agents and employees may terminate your use of the Site without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any ImagePark event or (ii) attempting to alter or improperly access any feature or function of the Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the Site or ImagePark employee; post content (including, but not limited to, the creation of usernames) that is offensive or otherwise disruptive of Site activities; post unsolicited advertising; or improperly impersonate a ImagePark employee or other individual.
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9. RISK OF LOSS
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
10. PRODUCT DESCRIPTIONS
ImagePark and its affiliates attempt to describe all of the products on the Site as accurately as possible. However, ImagePark does not warrant that product descriptions or other Content of this Site is accurate, complete, reliable, current or error-free. If a product offered on our Site itself is not as described, your sole remedy is to return it in unused condition.
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11. MISCELLANEOUS
This Agreement has been made in and shall be construed and enforced in accordance with United Kingdom law without regard to any conflict of law provisions. ImagePark makes no representation that the Content in this Site is appropriate for access outside of the United Kingdom. Those who choose to access this Site from outside the United Kingdom do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought to a court located in West Sussex, United Kingdom.
These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and ImagePark with respect to your access and use of the Site and Services and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and ImagePark with respect to this Site or Services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. ImagePark may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of ImagePark or (iii) in connection with the sale of this Site or the business unit associated with this Site.
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