Terms and Conditions
Terms & Conditions of Service
Welcome to the Photo Centre page of Digitally Yours.
You may order prints from the Digitally Yours Photo Centre by uploading digital images to us for you to either pick up from our shop in The Harpur Centre, Bedford, or you can have your images, photo gifts and large photographic posters sent to you by first class post. The choice is yours!
These Terms and Conditions of Service (“Terms”) govern Digitally Yours on line Photo Centre service (“Service”). Your use of the Service constitutes your agreement to be bound by these Terms.
The Service is available to UK residents only. The Service allows customers to manipulate and upload digital images for print out, pickup, or a post back service.
Order Confirmation.
Print/gift orders will be confirmed by email. These Terms will not form a binding contract between you and Digitally Yours for the purchase and supply of prints until Digitally Yours confirms your order by email.
Payment.
You agree to pay for prints when you confirm your order.
Returns.
If for whatever reason you are not happy with your prints/personalised gifts please return in the original packaging and we will do everything we can to resolve the problem.
No Obligation to Monitor Content.
Digitally Yours does not control the content of your images and has no obligation to monitor such content for any purpose. You are solely responsible for all content and material you provide for the service.
Your Responsibility.
You must have the legal right to copy each image that you order. Photographs obtained from websites or print publications may be protected by copyright and should not be sent to Digitally Yours. You agree NOT to use the Service:
for any illegal or improper purpose; to upload any material that is obscene, indecent, offensive, blasphemous, pornographic, illegal, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, or otherwise objectionable; to upload any material that you do not have a right to transmit under any contractual or fiduciary relationship or which infringes any copyright, trade mark, patent or other intellectual property right or any moral right of any party including but not limited to Digitally Yours; to harm minors in any way, including, but not limited to, content that is indecent, violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; to upload any material which is likely to cause harm to Digitally Yours's or anyone else’s computer system, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorised access to the Service which may cause any defect, error, malfunction or corruption to the Service; to interfere with or disrupt this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or to provide any information to Digitally Yours that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
Refusal to Provide Service; Deletion.
Digitally Yours may at any time without notice: change or suspend any part of the Service; and/or refuse to fulfil any order and delete any images you have sent to the Service if, in Digitally Yours sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Digitally Yours to do so; and/or delete your digital images following printing. Digitally Yours is not obligated to store your digital images for you.
Privacy.
Digitally Yours is committed to safeguarding privacy.
Digitally Yours's Liability.
Digitally Yours will conduct the Service with reasonable skill and care, and will use its reasonable endeavours to ensure that the Service is available at all times and to ensure that the files available for you to download from the Digitally Yours website are virus free, but does not guarantee this.
THE SERVICE IS PROVIDED BY DIGITALLY YOURS ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND DIGITALLY YOURS MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ACCESSIBLE, USABLE OR ERROR FREE.
You are advised to keep backup copies of all material downloaded or uploaded through the Service or emailed to Digitally Yours. DIGITALLY YOURS WILL NOT BE RESPONSIBLE FOR KEEPING BACKUPS OR FOR THE LOSS OF, DELETION OR CORRUPTION OF, OR DAMAGE TO ANY CONTENT, IMAGES OR ANY OTHER MATERIAL.
YOU AGREE THAT DIGITALLY YOURS SHALL NOT BE LIABLE TO YOU IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE FOR ANY LOSS OF REVENUE, BUSINESS, CONTRACTS, PROFIT, DATA, GOODWILL OR REPUTATION OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL LOSS OR DAMAGE RESULTING FROM THE USE OF THE SERVICE, EVEN IF DIGITALLY YOURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
NOTHING IN THESE TERMS SHALL APPLY TO LIMIT OR RESTRICT DIGITALLY YOURS'S LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY ARISING FROM DIGITALLY YOURS'S NEGLIGENCE.
NOTHING IN THESE TERMS APPLIES TO DIGITALLY YOURS'S LIABILITY IN RESPECT OF ANY PRINTS SUPPLIED TO YOU BY DIGITALLY YOURS.
Trademarks.
All trademarks, service marks, names, and other intellectual property used in reference to the Service that identify Digitally Yours or third parties and their products or services belong to Digitally Yours and/or the relevant third parties. Neither the offer nor provision of the Service shall be deemed a grant to any person of any licence or right.
Copyright.
Digitally Yours and/or the relevant third parties own all copyright and database rights in the Service and its contents, unless stated otherwise. Publishing, distributing, extracting, modifying, re-utilising and reproducing any such content in any form, whether in hard or soft copy form, is strictly prohibited.
Governing Law.
These Terms shall be governed by and construed in accordance with the laws of England. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the English Courts.
Entire Agreement.
These terms constitute the entire agreement between Digitally Yours and you with respect to your use of the Service. Digitally Yours's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more right or provision contained in these Terms is invalid, the remainder of the Terms shall be enforceable.
No Third Party Rights.
Nothing in these Terms and Conditions shall confer on any third party any benefit or right to enforce any term of this Agreement. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms.