1. Introduction

These Terms set out your rights and obligations, and those of Collages On Canvas (“we” or “us”), in relation to www.collagesoncanvas.co.uk (the “Site”), any Collages On Canvas application that you access (the “App”) and any goods or services available through, and material of any kind accessible or relating to, the Site, the App or us (the “Services”). When we refer to “Collages On Canvas” in these Terms, we mean us, the Site, the App and/or the Services, according to the context.

You must take the time to read and understand these Terms.

2. Providing a Payment Method

If we ask you to provide some information about yourself when you register for Collages On Canvas, you must ensure that this information is accurate and current.

Note that we are entitled to treat anything done through a User’s Account, or by means of an email address, phone number or other communications method associated with that Account, as having been done by the User; it is up to the User to maintain the security of his/her Account.

When you place an order for a Product, you will need to supply us with details of a payment method, such as a credit or debit card, (your “Payment Method”) and other personal details so that we may process the order for you. If we suspect that your Payment Method belongs to someone else or is one which you are not entitled to use, we reserve the right to suspend or terminate your Account at any time.

Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there.

3. Your Images

  • We reserve the right to apply various techniques to make generally accepted improvements to the quality of the Image, such as by:
    • Removal of “red-eye”;
    • Brightness enhancement; and
    • Detail enhancement
  • We also reserve the right to make changes to Images which are intended to improve their storability, including:
    • Compression;
    • Size reduction and downscaling; and
    • Format conversion,

We strive to retain Images that are of sufficient quality for inclusion in personalised Products, but some loss and modification of detail may be apparent under close examination;

You are advised to keep back-ups of all of your User Content, including backup copies of Images. We do not undertake or guarantee to keep your Images and other User Content indefinitely, and we will not be responsible for the loss of, deletion or corruption of Images or any User Content. We do not keep back-up copies of Images and other User Content; we have no liability to you or any User if Images or other User Content become lost or corrupted as a result of any cause (including human error, software or hardware failure, failures of telecommunications or internet services, or events beyond our control).

 

4. User Content and Content Rules

Images and other material (including textual annotations to and comments on Images) uploaded, posted, contributed, distributed, communicated, transmitted or linked-to by a User on, through or in connection with Collages On Canvas are treated as “User Content” for the purposes of these Terms. Users must have the right to deal with their User Content in the manner provided by our Services. You must not upload User Content, or otherwise deal with User Content through Collages On Canvas, if you do not have the right to do so. Each User shall ensure that his/her User Content does not:

  • infringe anyone’s copyright; in particular, you must ensure that you either own the copyright in an Image that you upload to Collages On Canvas or that you are fully licensed by the copyright owner to upload the Image and to make any subsequent use of it (such as by including the Image in a personalised Product);
  • infringe any other rights, such as a trade mark, of any person or entity or a duty owed to any person or entity, such as a duty of confidentiality;
  • contravene any applicable law (including, without limitation, any criminal law) or regulation;
  • include anything that is false, inaccurate, misleading, offensive, abusive, threatening or defamatory, or that might cause needless annoyance, inconvenience or distress to any person;
  • contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  • misrepresent the User’s identity in any way or impersonate any person;
  • include any material containing personally identifying information about another person, such as their real name, address, phone number, or email address, except with the written approval of that person;
  • contain material which is pornographic, obscene, indecent or offensive, which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or that may incite hatred or violence against any person or group;
  • harass, upset, embarrass, alarm or annoy any person;
  • give the impression that it emanates from us, if this is not the case;
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
  • infringe our fair use requirements or otherwise interfere with the proper working of Collages On Canvas

The above are our Content Rules.

 

5. Terms of purchase for Products

A contract between a User and Collages On Canvas for the purchase of a Product is created as follows:

  • The User places the order for a Product on the Site or App by pressing an order confirmation button at the end of the checkout process: if the Product in question includes an Image or other User Content selected by the User it is a “personalised Product”;
  • By confirming your order, you are agreeing to purchase the Product you have selected
  • At this point, we take payment for your order by means of your nominated Payment Method.
  • We will send to you a “Thanks for your order” email detailing your order for the Product, and other information we must provide to you.

Note that Collages On Canvas may reject an order in certain circumstances, namely:

  • Your order breaching the requirements of these Terms;
  • The use of Images which infringe the Content Rules;
  • The use of Images which are corrupted, unsupported technically or inadequately pixelated;
  • The Product you order being unavailable;
  • Our inability to obtain authorisation for your payment; or
  • A relevant pricing or Product description error being identified.

If your order is rejected, we will contact you to confirm this and reverse the payment you have made for that order.

6. Intellectual Property

By uploading, posting, contributing, distributing, communicating or transmitting User Content (including Images), a User expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt, distribute and communicate to the public that User Content worldwide through Collages On Canvas and any other interactive services through which Collages On Canvas is accessible for the purpose of ,performing obligations we owe to Users and exercising rights Users grant to us, subject to and in accordance with under these Terms. The licence under this Clause 6 will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account. For the avoidance of doubt, the licence under this Clause 6 does not permit us commercially to exploit a User’s Images (or other User Content) by creating and selling our own products bearing the User’s Images (or other User Content) without the User’s consent. Note that we may modify User Content in order to conform it to Collages On Canvas or the requirements of a Product (such as by cropping Images). You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to Collages On Canvas (including, without limitation, User Content associated Users other than you) are owned by, or licensed to, us. No-one may copy, distribute, show in public or create any derivative work from Collages On Canvas, or any of the material which is found on Collages On Canvas unless properly licensed to do so by us. You are not allowed to use Collages On Canvas (or to copy or use any material found on Collages On Canvas) for any commercial purpose other than to conduct the purchase of a Product from Collages On Canvas. You are not allowed to remove any copyright, trade mark or other intellectual property notices contained in material taken from Collages On Canvas. No-one may use any robot, spider, scraper or other automated means to access Collages On Canvas for any purpose without our prior express written permission.

7. Privacy

Our Privacy Policy governs all users of Collages On Canvas. By using or accessing Collages On Canvas, you give your consent to the content of that policy. If you do not wish your personal data to be handled in that way, then you must not use Collages On Canvas. Users shall not use the Services in connection with the sending of any unsolicited messages, or to harvest or otherwise collect information about Users, including email addresses, without their express consent. No User shall use any information regarding other Users that is accessible through the Services except as expressly permitted by these Terms.

8. Our Role

To the extent that the law permits, you release Collages On Canvas, its agents, directors, officers, shareholders and employees from all liability arising out of or in connection with any Images or other User Content. You must not assume that accessing, the import or export, or the advertising, offering, purchase or sale, of any Image, User Content or Product complies with applicable law or regulation by reason of it appearing on Collages On Canvas. We do not have any responsibility or liability for the deletion of, or any failure to store or deliver, Images or User Content. Collages On Canvas may contain links to or advertisements for other sites, services or products (“Third Party Promotions”). Third Party Promotions may contain materials which you find offensive, objectionable, unlawful or inaccurate. The sites or other destinations to which Third Party Promotions lead are governed by their own terms of use and privacy policies which will differ from these Terms. The inclusion of links to Third Party Promotions does not indicate that we endorse them and we are not responsible for examining or evaluating the content of such sites or destinations or goods or services available through them.

9. Suspension

We reserve the right at any time and without notice (a) to suspend or terminate your ability to access Collages On Canvas, (b) your use of all of part of the Services, (c) to remove from access via Collages On Canvas any User Content associated with a User or his/her Account, (d) to warn Users and other users of Collages On Canvas against interacting with a particular User, and/or (e) to take technical and legal steps to stop any Users from using Collages On Canvas if they appear to us to be in breach of any provision of these Terms. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person. In addition, we are entitled to suspend provision of all or part the Services, or the availability of User Content associated with any User, at any time if we are obliged or advised to comply with an order, instruction or request of any limb of government, or any regulator, court or other competent authority.

10. Contact from third parties.

If anyone contacts us in relation to User Content or a transaction associated with you, then you agree:

  • to provide all reasonable information and assistance we may require in connection with responding to that contact; and
  • to respond promptly and accurately to it, should we pass the message to you for a response.

11. Additional services.

We, our affiliates or third parties with which we contract may offer new, updated or additional services through Collages On Canvas from time to time. Your use of those services will be governed by these Terms but may also be subject to additional terms of use, which you must comply with. Provided that those terms are notified to you on Collages On Canvas in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of these Terms.

12. Operation of Collages On Canvas

We reserve the right to withdraw or modify all or part of the Services or Collages On Canvas where we have legal or commercial reasons to do so. There may be times when the operation of Collages On Canvas is adversely affected, or becomes inaccessible, as a result of technical difficulties experienced by Collages On Canvas, on the Internet or other communications networks, or other matters that are beyond our control. Please note, however, that we cannot guarantee continuous, uninterrupted or secure access to Collages On Canvas or any of the material that appears on it. If we are conducting a period of planned unavailability of the Services, we will inform Users of this by a notice that appears on one or more pages of Collages On Canvas.

13. Liability

We use reasonable care and skill to provide Collages On Canvas in accordance with our specifications for Collages On Canvas but:

  • the Services are provided “as is”; and
  • we cannot and do not guarantee that Collages On Canvas or the Services will meet your requirements, including (without limitation) as to the availability or speed of delivery of any User Content placed on or made through Collages On Canvas.

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms. Nothing in these Terms excludes or restricts our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence, nor our contractual obligations in respect of Products we agree to supply following our acceptance of your order in accordance with Clause 5. We, our agents, directors, officers, shareholders, employees and subcontractors will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:

  • for any loss of revenue, data, business, anticipated savings, profits, opportunity, goodwill or reputation, or for any business interruption; or
  • for any indirect, special or consequential loss damage, costs or other claims,

howsoever caused or arising. Except as expressly stated elsewhere in these Terms, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law. For the avoidance of doubt, Collages On Canvas will not have liability to you or any other person in respect of User Content. We will not be liable for any failure to perform our obligations under these Terms caused by matters beyond our reasonable control. The provisions of this Clause 13 shall survive the termination or expiry of these Terms.

14. Indemnity

You agree to indemnify Collages On Canvas, its agents, directors, officers, shareholders, employees and subcontractors against all liabilities, claims and expenses that may arise out of or in connection with any:

  • breach of these Terms by you or through your Account; or
  • User Content associated with you or your Account.

15. Assignment

We reserve the right to assign these Terms, and to assign or subcontract any or all of our rights and obligations under these Terms, but will not do so in such a way as to reduce any guarantees you are given under these Terms. You may not without the written consent of Collages On Canvas assign or dispose of these Terms or any of your rights and obligations under it.

16. Entire Agreement

These Terms are intended to contain your entire agreement with us relating to your use of Collages On Canvas we believe them to be fair and reasonable. They replace all earlier agreements and understandings with you relating to Collages On Canvas.

17. General

If any part of these Terms is held to be invalid or unenforceable, the remainder shall remain valid and enforceable. Our failure to act with respect to a breach of these Terms by you or others does not waive our right to act with respect to subsequent or similar breaches. The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these Terms. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, provided that this shall not affect any right or remedy of a third party which exists or is available apart from that Act.

18. Law

These Terms, the Services and each order and purchase of a Product shall be governed by English law. You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with these Terms, the Services and any order for or purchase of a Product.