Terms and Conditions

Version 2. 31st December 2020

TABLE OF CONTENTS

  1. User Contributions
  2. Content Standards
  3. Submission Ammendments
  4. Refunds
  5. Prohibited Uses
  6. Enforcement of Terms
  7. Links to Other Sites
  8. Intellectual Property
  9. Copyright Infringement
  10. No Guarantee of Service
  11. Disclaimer of Warranties
  12. Limitation of Liability
  13. Indemnification
  14. Jurisdiction
  15. Waiver and Severability
  16. Binding & Entire Agreement
  17. Your Comments and Concerns

1. USER CONTRIBUTIONS

We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by other entities about this website. Whilst it is our intention to investigate all credible complaints about objectionable User Contributions, we cannot guarantee individual responses or removal of such content.

By uploading your photograph to the Take a Moment exhibition, you are granting Ray Burmiston Photography Ltd the right to use and publicly integrate the image into the exhibition entitled Take a Moment and any linked social media accounts without consideration, for the lifetime of the exhibition, unless you request removal in writing by emailing help@takeamont.uk.

2. CONTENT STANDARDS

You are solely responsible for any content you post or actions you take via this site and their consequences.

All uploaded images must comply with our validation process and any information disseminated about this campaign.

3. SUBMISSION AMMENDMENTS

We reserve the right to make changes to submissions to make them suitable for the exhibition. This may include: converting to black and white, sharpening, cropping, resizing or rotating.

If you change your mind and would like your portrait from the online Take a Moment exhibition, email help@takeamoment.uk from your original email address, stating your reference number with REQUEST TO REMOVE in the subject line, we will remove your image as soon as we can. No refund will apply.

4. REFUNDS

As each Take a Moment print was custom made for you, once the order was processed, we cannot offer a refund. Each print is manually checked for quality.

5. PROHIBITED USES

You may use this website only for lawful purposes and in accordance with these Terms of Use. You agree not to use this site:

6. ENFORCEMENT OF TERMS

Because the purpose of this website is to use the Take a Moment exhibition to raise funds for awareness for mental health, with the specific theme of eyes closed portraits, Take a Moment has the right to:

You waive and hold harmless Take a Moment from any claims resulting from any action taken by Take a Moment during or as a result of its investigations and from any actions taken as a consequence of investigations by either Take a Moment or law enforcement authorities.

7. LINKS TO OTHER SITES

As is typical online, this site and user posts may contain hyperlinks to other sites. If there are other websites and resources linked to on this site, by Take a Moment these links are provided only for the convenience of our users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this site, you do so entirely at your own risk and subject to the privacy policies and terms and conditions of use for such websites.

8. INTELLECTUAL PROPERTY

All photography, logos designs and slogans are intellectual property of Ray Burmiston or have been permitted use by Ray Burmiston. You may not use these images without the prior written permission of Ray Burmiston. All other names, brands, and marks that may appear on the site remain the property of their respective owners and appear here for identification purposes only.

9. COPYRIGHT INFRINGEMENT

If you believe that a User Contribution violates your copyright, you may notify us of your suspected copyright infringement and we will investigate and in appropriate circumstances, reject submissions of users who are deemed to be repeat infringers.

All notices of copyright infringement claims should go to: help@takeamoment.uk

10. NO GUARANTEE OF SERVICE

Although we hope to make this site available for the duration of the exhibition, there may be times when we need to disable the site either temporarily or permanently. Please understand that we also reserve the right to withdraw or amend this website, and any service or material we provide on it. We may do this without notice at our sole discretion. Keep this in mind as Take a Moment will not be liable if all or any part of the website is unavailable at any time for any period of time. Also, from time to time, we may restrict access to some parts of the website, or the entire website.

11. DISCLAIMER OF WARRANTIES

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither Take a Moment nor any person associated with Take a Moment makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither Take a Moment nor anyone associated with Take a Moment represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations.

Take a Moment hereby disclaims all warranties of any kind, either express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

12. LIMITATION OF LIABILITY

In no event will Take a Moment, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the website, any websites linked to it, any content on the website or such other websites or any services or items obtained through the website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

13. INDEMNIFICATION

Should there be a problem as a result of your use of the website, we cannot be responsible for that. By agreeing to these terms, you agree to be responsible for the consequences flowing from your use of the site. That means that you agree to defend, indemnify and hold harmless Take a Moment, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the website, including, without limitation, any use of the website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the website.

14. JURISDICTION

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the website shall be instituted exclusively in the courts of the United of the United Kingdom Justice Service, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

15. WAIVER AND SEVERABILITY

No waiver of these Terms of Use by Take a Moment shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Take a Moment to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

16. BINDING & ENTIRE AGREEMENT

By using this site you agree to be bound by these Terms and our Privacy Policy. These Terms of Use constitute the sole and entire agreement between you and Take a Moment with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the website.

17. YOUR COMMENTS AND CONCERNS

The best way to reach us with your feedback, comments, requests for technical support, and other communications is to contact help@takeamoment.uk or use the contact form.

Thank you for visiting!

We may amend any part of these Terms of Use at our discretion at any time. Such changes will be effective and binding on you from the date at which the terms are updated.