Photo Shop Terms & Conditions

Welcome:

Hi, I’m glad you have stopped by to take a look at things here.

To help make this easy for you, let’s start here. FIRST OFF, I own the copyright to all my work and the contents you may find here on this website. THIS COPYRIGHT IS NEVER SOLD!

Secondly, when you, a non-commercial buyer, is intent on buying anything from our shop – be it a print, an eBook or a digital download – you are buying a product. In buying this product, you are buying access to my images and this on a “personal use” basis. You don’t ever get to own any of these images – the product, yes [as in a print], not the image. As a User, you are granted a limited, non-exclusive, non-transferable perpetual personal use license to use the product you purchased solely for your personal, non-commercial use.

Finally, copyright is a bit like buying or renting an apartment. While you have personal use of that apartment, you don’t own the building – usually. It’s kind of like that with my pictures. Hopefully, that was the easy part? The heavier part follows.

DEFINITIONS:

  1. ROGAN COLES [and his trading entity, ARGENT PHOTOS] henceforth “Rogan”, “Argent”, “Content Provider”, “we”, “us”, “our” is the owner of the “ROGAN COLES PHOTO SHOP” website – henceforth referred to as the “SITE”.
  2. USERS and VISITORS – As a visitor and/or User of this “SITE, you will henceforth be referred to as “you”, “your”, “User”, “Users”, “Buyer”, “Buyers”.
  3. The ROGAN COLES PHOTO SHOP: The “Rogan Coles Photo Shop” is an extension of the Rogan Coles Photo Archive website and, this website is now that website’s on-line web shop. This website will be henceforth referred to as the SHOP.
  4. TERMS AND CONDITIONS: The Terms and Conditions for this SITE and are henceforth referred to as the “Terms”.
  5. CONTENT: The term CONTENT refers to all the text, pages, layouts and other graphic content found on this SITE as well as your interaction with this SITE in the form of comments, posts and reviews. These items are henceforth referred to as CONTENT.
  6. MEDIA: The term MEDIA is a “sub-set” of the term CONTENT. The term “MEDIA” as used through out this document is used in its widest sense and includes images – digital and otherwise, a picture, a print, a photograph, a drawing or some form of graphical representation – digital and otherwise, a video, a sound recording, portable documents in whatever format, eBooks in whatever format, software and other downloadable materials. These items will be henceforth referred to as “MEDIA”.
  7. GOODS: The term used in this context refers to purchases and/or products sold through the auspices of this SITE, images, text and/or copy made read for sale – put basically, anything that can bought from this SITE – excluding personal data of course.
  8. eBook: The terms eBook means an “electronic book”. An eBook is packaged in a downloadable format and is intended to be read using a portable eBook reader or other computer related device.
  9. PDF Book: a PDF book is much the same as an eBook – in the sense that it is packed in a downloadable format. The difference is that the PDF books is the downloaded on to your computer or cellphone. The PDF book can either be viewed on your preferred device or printed out as a tangible hard copy.
  10. DIGITAL DOWNLOAD: A digital download refers to the process of downloading some form of digital media via the Internet – as in “downloading” a file from my web server to your computer.
  11. LICENCED USE: An image – like any of the other content on this site – is NEVER SOLD, it is “licenced” for a specific use. “Licenced Use” refers to the terms and conditions of use that you, the “Buyer”, agrees to when seeking to acquire and thus buying and paying for a licence to use some form of media or content for a specific use. Yes, you get the downloaded media or content when buying the “licence” but, it is the licence you are paying for together with the use of that media.
  12. PAYMENT GATEWAYS: A Payment Gateway, is the generic name for the payment processor that this SITE uses to process payments. At present, we use STRIPE and Paypal to facilitate the payments process on this SITE.
  13. WARRANTS:
    • ACCESS – You, as a visitor this SITE and possibly as a signed up User are, on entering this SITE, subject to this SITE’s “Terms and Conditions”. You warrant that you have read and understand these Terms as well as the terms of our Privacy Policy.
    • PRIVACY – Our use of any Personal Information you provide is governed by our Privacy Policy. You acknowledge and agree that you are solely responsible for the veracity of that personal information.

The Rogan Coles Photo Shop:

  • THE ROGN COLES PHOTO SHOP: Our online shop has been built using the Woocommerce plugin. As yet, nothing fancy has been added to this WordPress plugin.
  • PAYMENT METHODS: For the time being we are using STRIPE and PayPal as our preferred payment gateways and payment processors. You can also pay by direct debit – bank to bank as it were. Other payment methods can be arranged on request.
  • PAYMENTS:
    1. All payments shall be made in U.S. dollars.
    2. The Buyer shall bear responsibility for all charges and conversion costs incurred in make full payment in U.S. dollars regardless of the Buyer’s home currency or payment method.
    3. Some payment methods may incur bank charges. Please be aware of what banks may charge for such transactions. The User is responsible for all bank charges incurred.
  • PAYMENT INFORMATION:
    1. When you provide your payment information to us or to one of our payment processors, you represent to us that you are the authorised user of any card, the PIN, key or account associated with that payment.
    2. In making your purchase you authorise us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
    3. We may also require you to provide us with your contact address or other applicable personal information in order for us to meet our obligations under applicable tax laws.
  • CHANGES OF BILLING AND/OR PAYMENT INFORMATION:
    1. If you have made any recurring purchases, you agree to notify us promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number.
    2. You also agree to notify us promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.
  • RECEIPTS – Users will receive an electronic confirmation upon payment as a receipt.
  • NO REFUNDS – Goods purchased from this Site are sold as is and in good faith. We don’t offer trails or previews of any of out product other than what can be seen or found on this Site. You are entitled to express dissatisfaction with your purchase and, where we can, we will take any necessary reasonable remedial action. But, there are no refunds once a purchase has been made.

DOWNLOAD LICENCING:

  1. Personal Licence:
    • As the “Content Provider” and upon receipt of full payment, I grant you, the Buyer, a “limited, non-exclusive, non-transferable perpetual personal-use licence” to download and copy the accompanying image(s) or video(s) (collectively, “Media”) subject to the following restrictions:
      1. This licence is for PERSONAL USE ONLY. “Personal Use” means the “non-commercial use of the Media for display on personal websites and computers or, the making prints or video copies for personal use”.
      2. The Media may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.
      3. The Media may not be used in any form of advertising, marketing or for any sort publicity campaigns.
    • The Media may not be resold, relicenced, or sub-licenced in any form whatsoever.
    • Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider.
    • There are no warranties, express or implied. The Media are provided ‘as is’.
    • As the Content Provider, I will NOT be held liable for any third party claims or incidental, consequential or for any other damages arising out of this license and/or Buyer’s use of the Media in whatever form or context.
  2. Commercial Licence:
    • As the “Content Provider” and upon receipt of full payment, I grant you, the Buyer, a “limited, non-exclusive, non-transferable and revocable worldwide licence” to use the accompanying image(s) or video(s) (collectively, “Media”) for a permitted commercial purposes, subject to the following conditions:
      • What you can do:
        1. use the media for editorial, illustrative and/or promotional purposes,
        2. in brochures, publications and on packaging,
        3. as part of a commercial website for promotional purposes (maximum 800 x 600 pixels),
        4. prints, posters, flyers, tearsheets for promotional purposes (not for resale),
        5. prints, posters, or other commercial display of Media,
        6. in magazines, books, newspapers and/or other printed publications,
        7. in video, broadcast TV and/or theatrical productions.
      • What you may not do:
        1. Buyer may not resell, relicense, redistribute the Media without express written permission from Content Provider.
        2. Media may not be used for any form of advertising
        3. Use the Media in a derivative work and then reselling or redistributing such derivative work is prohibited.
        4. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner.
        5. Media may not be incorporated into trademarks, logos, or service marks.
        6. Media may not be made available for download from your or any other third party’s website.
    • As the Content Provider, I retain all rights, licence, copyright, title and ownership of the Media.
    • There is no warranty, expressed or implied, with the purchase of this digital image or video file.
    • As the Content Provider, I will NOT be held liable for any claims, or incidental, consequential or other for any damages arising out of this licence or the Buyer\’s use of the Media.

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