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1.
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Introduction
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1.1
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You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register. You will be advised if this is necessary.
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1.2
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By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
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1.3
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Final touch photography may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
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2.
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Licence
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2.1
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You are permitted to print and download extracts from this Website for your own use on the following basis:
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2.1.1
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no documents or related graphics on this Website are modified in any way;
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2.1.2
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no graphics on this Website are used separately from accompanying text; and
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2.1.3
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Final touch photography’s copyright and trade mark notices and this permission notice appear in all copies.
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2.2
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Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Final touch photography or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
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2.3
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Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Final touch photography’s prior written permission.
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2.4
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Any rights not expressly granted in these terms are reserved.
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3.
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Service access
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3.1
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While Final touch photography endeavours to ensure that this Website is normally available 24 hours a day, Final touch photography shall not be liable if for any reason this Website is unavailable at any time or for any period.
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3.2
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Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Final touch photography’s control.
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4.
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Visitor material and conduct
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4.1
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Other than personally identifiable information, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. Final touch photography shall have no obligations with respect to such material. Final touch photography and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
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4.2
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You are prohibited from posting or transmitting to or from this Website any material:
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4.2.1
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that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
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4.2.2
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for which you have not obtained all necessary licences and/or approvals; or
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4.2.3
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which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
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4.2.4
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which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
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4.3
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You may not misuse the Website (including, without limitation, by hacking).
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4.4
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Final touch photography shall fully co-operate with any law enforcement authorities or court order requesting or directing Final touch photography to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
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5.
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Links to and from other websites
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5.1
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Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. Final touch photography has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. Final touch photography therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
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5.2
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If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
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5.2.1
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you do not remove, distort or otherwise alter the size or appearance of Final touch photography logo;
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5.2.2
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you do not create a frame or any other browser or border environment around this Website;
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5.2.3
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you do not in any way imply that Final touch photography is endorsing any products or services other than its own;
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5.2.4
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you do not misrepresent your relationship with Final touch photography nor present any other false information about Final touch photography;
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5.2.5
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you do not otherwise use any of Final touch photography trade marks displayed on this Website without express written permission from Final touch photography;
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5.2.6
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you do not link from a website that is not owned by you; and
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5.2.7
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your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
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5.3
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Final touch photography expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
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5.4
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You shall fully indemnify Final touch photography for any loss or damage suffered by Final touch photography or any of its group companies for breach of paragraph 5.2.
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6.
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Passwords
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6.1
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Each password is for a single user only. It is recommended that you keep this password private but should you decide to share it with third parties Final touch photography shall not be liable for any loss or damage resulting from misuse of the images licenced to you.
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6.2
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Responsibility for the security of any passwords issued rests with you.
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7.
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Disclaimer
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7.1
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Final touch photography may make changes to the material on this Website from time to time.
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7.2
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The material on this Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Final touch photography provides you with this Website on the basis that Final touch photography excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
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8.
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Liability
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8.1
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Final touch photography, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of Final touch photography’s partners, employees or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the content, use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
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8.2
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Nothing in this legal notice shall exclude or limit Final touch photography’s liability for:
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8.2.1
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death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
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8.2.2
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fraud; or
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8.2.3
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misrepresentation as to a fundamental matter; or
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8.2.4
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any liability which cannot be excluded or limited under applicable law.
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8.3
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If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
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9.
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Governing law and jurisdiction
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This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
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Issue date: 6th May 2008
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