Terms of Use
Legal stuff.
Introduction
Access to and use of www.cupoty.com (‘the Site’) is provided by Close-up Photographer of the Year (‘CUPOTY’), subject to the following Terms of Use (‘Terms’).
These Terms govern your use of the Site, any correspondence between you and CUPOTY, and any newsletters or publications downloaded by you or sent to you by CUPOTY. By using the Site, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you should not use the Site.
CUPOTY reserves the right to change these Terms by publishing the changes on the Site. Your continued use of the Site after changes are published means you accept the modified agreement.
The material on the Site is intended for information purposes, and does not constitute advice for the matters it discusses. Therefore, please do not use this site unless you agree that any action you take in reliance on the information here given is entirely at your own risk.
The headings used within these Terms are for convenience only and do not limit or otherwise affect these Terms.
Use of content
Unless otherwise stated, all content and material on the Site remains the intellectual property of CUPOTY, its licensors, contributors, or in respect of certain images, the author of the image.
All images contained on the site are protected by copyright and may not be copied or used in any manner without the written permission of the copyright owner. You may download, copy and print written information from the Site, but only for your personal use subject to your agreement not to:
republish material from the Site;
sell, rent or sub-license material from the Site;
reproduce duplicate, copy or otherwise exploit material from the Site for a commercial purpose;
create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Site;
edit or otherwise modify any material on the Site; or
redistribute material from the Site except for content specifically and expressly made available for redistribution.
You may not store any copies of the Site’s content on any server or other storage device connected to a public or open network whereby such content may be viewed or retrieved by any third party.
Acceptable use
You agree to use the Site only for lawful purposes, and not to infringe the rights of, or inhibit the use and enjoyment of the Site by any third party. Such restriction and inhibition includes, without limitation:
unlawful conduct;
behaviour that may cause harassment, distress or inconvenience to any person;
the transmission of obscene or offensive material;
the upload or transmitting of viruses or any other type of malicious code that will, or may, affect the functionality or operation of the Site, or of any other website, or the internet;
to collect or track the personal information of others;
to transmit or send unsolicited commercial communications.
Removal of material
CUPOTY reserves the right to remove any material posted, uploaded, emailed or otherwise transmitted to the Site, at any time and for any reason without giving advance notice.
Website access
CUPOTY reserves the right to restrict access to areas of the Site, or indeed the whole Site, at our discretion and to refuse service to anyone for any reason at any time.
Virus checking
Whilst efforts have been made to ensure the Site is free from viruses, we cannot guarantee the Site, or downloaded files, are free from viruses or malware and we do not accept any responsibility for damage or loss caused by any such virus or malware. For your own protection you must use adequate virus-checking software when using the Site, and we ask that you virus check any file you post on the Site or send to us via email or WeTransfer.
Links
Links to third-party websites on the Site are provided solely as a convenience to you. CUPOTY is not responsible for the contents or the reliability of linked third-party websites, either to or from the Site, and does not necessarily endorse the views expressed within them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.
User comments, feedback and submissions
If you send feedback, creative ideas, suggestions, proposals, plans, opinions, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation to:
maintain any Comments in confidence;
pay compensation for any Comments; or
respond to any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Personal information
Your submission of personal information through the Site is governed by our Privacy Policy, which you can read here.
Errors, inaccuracies and omissions
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Disclaimer of warranties
CUPOTY does not guarantee, represent or warrant that the material on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs. CUPOTY may make changes to the materials on the Site, or to the information, products, services and prices described in them, at any time without notice. The materials on the Site may be out of date, and CUPOTY makes no commitment to update the materials on the Site. You agree that from time to time CUPOTY may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’, without any representation, warranties or conditions of any kind, either express or implied, including, but not limited to, all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Limitation of liability
In no case shall CUPOTY be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnity
You agree to indemnify, defend and hold harmless CUPOTY from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
Entire agreement
These Terms, together with our Privacy Policy and, if you enter the Competition, the Rules, constitute the entire agreement between you and us in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site.
Law and jurisdiction
These Terms of Use will be governed by and construed in accordance with English law, and any disputes relating to these Terms of Use will be subject to the jurisdiction of the courts of England and Wales.
Contact information
Any questions about the Terms of Use should be sent by email to hello@cupoty.com.
These Terms were last updated in October 2018.