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Terms and Conditions | Use of Images

25 October 2022

The following Terms and Conditions apply to your use of this website and any photographs purchased from within this website constitute a legal agreement between you and Frank Biganski, sole trader and photographer with frankbiganski.com (collectively known as Photo Art by Frank Biganski, Frank Biganski, Frank J. Biganski, and Frank Biganski, Photographer). Please read these Terms and Conditions carefully before you purchase and distribute photographs contracted through this website. If you do not agree to be bound by these terms of use, please exit this website.

Frank Biganski does not meet HM Revenue & Customs annual income threshold requirements so VAT is not required to be collected or paid. Payment is made before your images are downloaded, and all forms of debit and credit cards are accepted. Once a download has been executed, no refunds will be authorised.

Copyright
The content of this website, including without limitation, graphics, photographic images, and overall design of this website, and all content, are owned by Frank Biganski, Photographer and are protected by UK Copyright Law. Reproduction, storage, or transmittal, of any image on this website, whether whole or in part, is prohibited without express prior written permission of Frank Biganski, Photographer.

Use of Images/Photographs
Photographs are intended for the life of purchaser only and purchased image(s) may not be shared or given to anyone else. Image licensing is intended to be used solely as agreed upon when you selected a license when purchasing an image. You may not use or reproduce a photograph in such a manner as to suggest an affiliation with, or endorsement by any product, person, or entity, that is not affiliated with you. And you agree not to modify, alter, or manipulate any picture, including without limitation, adding other material to a photograph, without the prior written consent of Frank Biganski, Photographer.

Use of images provided by Frank Biganski, Photographer is restricted solely for the purposes of non-commercial use only such as in-home display, personal use stationary, inner-office Powerpoint presentation, social media, website, or for display at dental office, reception area or board room at corporate office, or for display at an office complex such as WeWork.

Images may not be used for mass distribution and sold as your own work.
Images may not be used for the mass production and sale of t-shirts, coffee mugs, calendars, magnets, give-a-ways, stationary, postcards, greetings cards, etc. If you are interested in purchasing any image for commercial use, you must contact Frank Biganski at frankbiganski@yahoo.com or call +44 (0) 7761 678108 to discuss a one-off purchase price for an “Exclusive Limited-Use License Rights” purchase.  “All Rights” will be considered but otherwise, Frank Biganski, Photographer retains Exclusive All Rights to every image purchased.

Delivery of Images
Customer will be able to download the image(s) immediately after purchase, and a download link with invoice will be immediately emailed to customer as well. Customer is allowed to download image(s) up to two times, so the customer must save the image(s) to their personal computer, smartphone, or smart device as quickly as possible. Customers may be charged an additional £10 to re-activate their download after they have exceed their maximum download limit.

Disclaimers
Digital images are provided “as is” and all implied warranties are hereby disclaimed including without limitation, the clarity and detail of images purchased from this website. Image digital sizes and recommended maximum printing sizes are provided for every image however, Frank Biganski, Photographer cannot ensure or guarantee the clarity or detail when a customer uses a third-party printing vendor. Frank Biganski provides a list of recommended printing vendors for customers’ convenience only. Frank Biganski does not endorse any third-party vendor provided within this website, nor does Frank Biganski receive any compensation from said vendors.

Online Security
Frankbiganski.com employs the use of Secure Socket Layering (SSL) which is indicated by the “https” that proceeds our URL/domain name. SSL is an encrypted link helping to ensure that your online purchase is safe and secure. However, no website is 100% infallible to cyber attacks and therefore, Frank Biganski, Photographer cannot unequivocally guarantee your safe and secure use of this website. However, Frank Biganski, Photographer has taken every measure electronically possible to ensure your personal and financial information remains as safe and secure as possible. Please visit https://www.globalsign.com/en/ssl-information-center/what-is-ssl/ for additional information about Secure Socket Layering.

Frank Biganski, Photographer is unable to make representations or warranties as to the functionality of this website, whether it is free of errors and whether the server hosting the website Cloudways.com is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this web site is at your own risk and in no event shall the website, frankbiganski.com, company owners, its employees, subsidiaries, affiliates and representatives, be responsible or held liable for any damages of any kind including, but not limited to, lost business or profits, loss of data, use, misuse, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages however caused, whether for breach of contract, negligence, or otherwise, whether or not the site or the company has been advised of the possibility of any such damages.

You agree that Frank Biganski, Photographer, the website, and the company’s parties maximum liability arising from any photograph or product sold or purchased shall not exceed the purchase price of such photograph or product. For the use of any unauthorized photograph or product, you, the customer or user, will be held responsible for the use and claims against that use.

Indemnification and Termination Policy
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs, or any portion thereof, in any manner not authorised by Frank Biganski, Photographer, or if you otherwise infringe any intellectual property rights relating to the photographs or this web site, you agree to indemnify and hold Frank Biganski, Photographer, his subsidiaries, affiliates, licensors, photographers, and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys’ fees, incurred by them as a result of unauthorized use of the photographs and/or your breach of this terms of this agreement.

Cookie Policy
Frankbiganski.com employs the use of cookies to make the users’ online experience quicker and more fluid, and Frank Biganski, Photographer strictly abides by the laws as set forth by the United Kingdom: https://www.legislation.gov.uk/cookiepolicy.

Electronic Payment, Security and Cookies
Frankbiganski.com uses the electronic payment gateway services of Stripe to securely process electronic payments. Frankbiganski.com and Frank Biganski, Photographer has no control over how Stripe utilises and implements its use of cookies. Stripe allows clients the option of either storing, or not storing, a clients’ credit or debit card information. If a client plans to continue using the services of this website again in the future, cookies allow the client to pay quicker and check-out faster however, it is not necessary to store your credit card information with Stripe. For additional information on how Stripe utilises cookies, please visit Stripe’s policies here: https://stripe.com/gb/legal/cookies-policy.

Other Terms
This agreement shall be governed by the laws of the United Kingdom without giving effect to any principles of conflicts of law. Frank Biganski, Photographer reserves the right to make changes to this website, this agreement, and the other information contained in this web site at any time and without notice. Please refer to these terms of use when you visit this website as they may occasionally change. These Terms and Conditions constitute the entire agreement between you the client and Frank Biganski, Photographer with respect to the use of this website and the services provided. Frank Biganski, Photographer’s failure to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision, or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.

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