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These Terms of Use (the “Terms of Use”) govern your use of all Web sites operated by Carlisle Photo, including, without limitation, the Web site currently located carlislephoto.org.uk (collectively, the “Site”), provided for your informational and educational purposes. Please read these Terms of Use carefully. These Terms of Use constitute a binding agreement between you and Carlisle Photo regarding your use of the Site. By using the Site, you agree to be bound by these Terms of Use and the Carlisle Photo Privacy Policy http://carlislephoto.org.uk/privacy. If you do not agree to any provision of these agreements, you may not use the Site.

1. Terms of Use Changes

Carlisle Photo may, in its sole and absolute discretion, change these Terms of Use from time to time. Carlisle Photo will post a copy of these Terms of Use as changed on the Site at http://carlislephoto.org.uk/terms-of-use. Your continued use of the Site constitutes your agreement to abide by these Terms of Use as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.

2. Ownership

The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Carlisle Photo Content”), and the Carlisle Photo word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks (collectively, “Marks”), are owned by or licensed to Carlisle Photo and are subject to copyright, trademark and other intellectual property rights under international laws.

3. Privacy Policy

You agree that Carlisle Photo may use any information Carlisle Photo obtains about you in accordance with the provisions of the Carlisle Photo Privacy Policy http://carlislephoto.org.uk/privacy.

4. Fraud

Carlisle Photo reserves the right, but undertakes no obligation, to actively report and prosecute actual and suspected credit card fraud. Carlisle Photo may, in its discretion, require further authorisation from you such as a telephone confirmation of your order and other information. Carlisle Photo reserves the right to cancel, any order if fraud is suspected. Carlisle Photo captures certain information during the order process, including time, date, IP address and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, Carlisle Photo reserves the right, but undertakes no obligation, to submit all records to all law enforcement agencies and to the credit card company for fraud investigation. Carlisle Photo reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.

5. Links to Other Web Sites

The Site may contain links to third party Web sites or Internet resources that are not owned or controlled by Carlisle Photo. Carlisle Photo’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Carlisle Photo’s endorsement of such other Web site or resource or its contents. CARLISLE PHOTO SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY WEB SITES OR RESOURCES, AND CARLISLE PHOTO DOES NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY SUCH THIRD PARTY WEB SITES OR RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH ANY LINKED WEB SITES OR FEATURED IN ANY ADVERTISING.

6. Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE site IS AT YOUR SOLE RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Carlisle Photo EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY AND NON-INFRINGEMENT), WITH RESPECT TO THE site. without limiting the foregoing and TO THE MAXIMUM EXTENT PERMITTED by LAW, Carlisle Photo ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.

7. Limitation of Liability

IN NO EVENT WILL CARLISLE PHOTO BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IT WAS ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

8. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Carlisle Photo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Carlisle Photo’s liability shall be the minimum permitted under such applicable law.

9. Indemnity

You agree to indemnify, defend, and hold harmless Carlisle Photo and its affiliates and any of their officers, employees, directors, shareholders, agents, partners, licencors, successors and assigns (the “Carlisle Photo Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to Carlisle Photo; (b) your use of the Site; or (c) your violation of these Terms of Use. Carlisle Photo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Carlisle Photo in asserting any available defences.

10. Force Majeure

Without limiting the foregoing, under no circumstances will Carlisle Photo be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

11. Termination

Carlisle Photo may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach any provision of these Terms of Use. In the event of any such termination, the indemnification provisions set forth above shall survive.

12. General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The failure of Carlisle Photo to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use, the Carlisle Photo Privacy Policy http://carlislephoto.org.uk/privacy together with and any other policies, rules or guidelines posted in connection with the Site, constitute the entire and exclusive agreement between Carlisle Photo and you regarding the Site.

We are a not for profit organisation, run by volunteers. Your donations help us support artists and bring photography to the community.