Website Terms & Conditions

Please read this page and the documents referred to in it carefully, before you use the website www.photosymbols.com (the “Website”). They set out the terms of use on which you may make use of our Website, Product and Services (as defined below), whether as a guest or an Authorised User (as defined below).

By using our Website, Products and Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please don't use our Website. If you have any questions please contact us at ask@photosymbols.com or by telephone (UK) 0117 959 4424.

These terms and conditions are deemed to incorporate our Privacy Policy, Authorised User Terms, Licence Agreement and Acceptable Use Policy (“Website Terms and Conditions”).

1. Information About Us
The Website is owned and operated by Photosymbols Limited (references to "we", “us”, “our”).
We are registered in England and Wales under company number 05058945 and have our registered office at:

Unit 4a
Greenway Business Centre
Doncaster Road
Bristol, BS10 5PY, England.

Our VAT number is 826 9093 02.  We are a limited company.

2. Introduction and Definitions
The following definitions mean the same in all documents referred to within these Website Terms and Conditions:

“Authorised User(s)” means current members of staff (whether permanent, temporary or on a contractual basis) of the Registered Organisation with the staff member named in the Licence Agreement by the Registered Organisation who are permitted to access the Products and Services, subject to the Authorised User Terms;

“Commercial Licence” means the Photosymbols’ commercial licence agreement specifically agreed by us to permit Commercial Use by a Registered Organisation;

“Commercial Use” means use for the purposes of monetary reward (whether by or for the Registered Organisation, Authorised User, visitor or third party) by means of sale, resale, loan, transfer, hire or other form of exploitation of the Products and Services, including but without limitation incorporation (in whole or part) of the Products and Services is not permitted. For the avoidance of doubt, use by the Registered Organisation or by a Authorised User of the Products and Services in the course of research, product development and related activity in the normal course of business does not constitute Commercial Use, however, the use of the Products and Services incorporated (in whole or part) within commercial items advertised, marketed, sold, distributed or otherwise exploited for gain shall be Commercial Use;

“Licence Agreement” means the Photosymbols’ Licence Agreement for Photosymbols 4 entered into by an organisation to use the Products and Services;

“Network” means a network (whether standalone or virtual network within the Internet) which is accessible to Authorised User approved by the Registered Organisation whose identity must be authenticated at the time of log-in consistent with current best-practice, and whose conduct is subject to regulation by the Registered Organisation;

“Photosymbols Online” means the secure area of the Website accessible only to Authorised Users subject to the User Terms and the Licence Agreement;

“Products” means the Photosymbols image library (in whole and each individual image contained therein), templates, videos, stock photographs, word clips and any other material set out in the Licence Agreement accessed in via Photosymbols Online or on flashdrive or CR-Rom in electronic or digital form;

“Registered Organisation” means a company, government body, charity or non-profit organisation that has a current licence from us under the Licence Agreement;

“Services” means the support offered to Registered Organisations and Authorised Users relating to the Product;

“Server” means the Registered Organisation’s server on a secure network.

3. Accessing Our Website
3.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website, Products and/or Services that we provide on our Website without notice (see below). We will not be liable if for any reason our Website, Products and/or Services are unavailable at any time or for any period.

3.2 From time to time, we may restrict access to some parts of our Website, or our entire Website, to Authorised Users or different levels of membership.

3.3 If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

3.4 Access to the Photosymbols Online is only permitted to Authorised Users using their individual allocated password.

3.5 You, or your Registered Organisation, are responsible for making all arrangements necessary for you to have access to our Website, Photosymbols Online, Products and/or Services.  You are also responsible for ensuring that all persons who access our Website through your Internet connection are aware of these terms, and that they comply with them.

4. Information about You and Your visits to our Website
4.1 We process information about you in accordance with our Privacy Policy.  By using our Website, Products and/or Services you consent to such processing and you warrant that all data provided by you is accurate.

5. Electronic Communications and Notices
5.1 When using our Website, you accept that communication with us will be mainly electronic.  We will contact you by email or provide you with information by posting notices on our Website.  For contractual purposes, you agree to this electronic means of communication and you acknowledge that all notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

5.2 Notices to us may be sent by email to ask@photosymbols.com or post to Photosymbols Limited, Unit 4a Greenway Business Centre, Doncaster Road, Bristol, BS10 5PY, England.

6. Intellectual property rights
6.1 We are the owner or licensee of all intellectual property rights in our Website (including any computer software), Photosymbols Online, Products and/or Services, and in the material published on it.  

6.2 Those intellectual property rights include, without limitation, copyright, trade marks, the underlying software, the design, the graphics, the layout, look and feel and structure or our Website, Products, and database rights, design rights, domain names and rights to goodwill and/or to sue for passing off.  

6.3 "PHOTOSYMBOL" and “FOTOSYMBOL" are UK registered trade marks of Photosymbols Limited. All other trade marks and logos and service marks displayed on our Website, Products and Services are unregistered of Photosymbols Limited or its affiliates.  All intellectual property rights relating to our Website, Products and Services are and remain the sole property of us.

Usage Rights
6.4 Commercial Use of the Website, Products and/or Services is not permitted.  Authorised Users may only use materials from the Website, Products and/or Services as set out in clause [X] of the Authorised Users Terms.

6.5 Visitors of the Website may only use the materials from the Website as follows:

(a) You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others within your organisation to material posted on our Website.  

(b) You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

(c) Our status (and that of any identified contributors) as the authors of material on our Website must always be acknowledged. See How to Credit Photosymbols for how to acknowledge our material.

(d) You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us. You may obtain a licence from us by contacting us via email at ask@photosymbols.com.

(e) If you print off, copy or download any part of our Website in breach of these terms of use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6.6 Nothing in clauses 6.4 and 6.5 (“Usage Rights”) shall in any way exclude, modify or affect any of our, or our licensors, rights under the copyright laws in any part if the world.

7. Downloads
7.1 Any material downloaded or otherwise obtained through our Website, Photosymbols Online, Product and Services is done at your own discretion and risk.

7.2 You will be solely responsible for any damage to your computer system or for any loss of data that results from the download of such material.

8. Reliance on Information Posted
8.1 The information and other materials posted on our Website, Photosymbols Online, Products and/or Services are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor or Authorised User to our Website, or by anyone who may be informed of any of its contents.

8.2 We reserve the right at any time to withdraw from the Product any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable. We shall give written notice to the Registered Organisation of such withdrawal. In the event of any claim of infringement or withdrawal of material, our sole liability shall be to replace the part of the Product alleged to be infringing with non-infringing replacement Product. 

9. Changes to our Website
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, Photosymbols Online, Products and/or Services, or close it indefinitely. Any of the material on our Website, Photosymbols Online, Products and/or Services may be out of date at any given time, and we are under no obligation to update such material.

10. Our Liability
10.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
(a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
(b) Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our Products, Services and/or Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

10.2 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

11. Your Liability to Us
You agree to be liable for any liability, loss, claim, and expense (including reasonable legal fees) related to any breach by you of these Website Terms and Conditions or arising from your misuse of our Website, Product and/or Services.  We reserve the right, at your expense, to assume the exclusive defence and control of any matter or dispute arising from your use or misuse of our Website, Product and/or Services and you agree to co-operate with the defence of such a dispute or claim by us.

12. Linking to our Website
12.1 We allow links to our home page at www.photosymbols.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

12.2 Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

12.3 A link to our Website must:

(a) not create the impression that you are in any way affiliated or recommended by us;
(b) not be used or placed in a way that may or does damage the reputation or name of Photosymbols;
(c) ensure by use of reasonable precautions that the website does not use or existence of the link does not transmit or make available any viruses, bugs, “worms”, corrupt data, “Torjan horses”, or any other harmful software;
(d) not establish any link from a website that is not owned by you; and
(e) not frame, mirror, scrape or data mine our Website or any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Website is strictly prohibited.

12.4 If you wish to make any use of material on our Website, Photosymbols Online, Products and/or Services other than that set out above, please address your request to ask@photosymbols.com.

13. Links from our Website
13.1 Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those sites or resources, and accept no responsibility for them, including their content, advertising, products or services, or for any loss or damage that may arise from your use of them or their use of any information they may acquire about you (including personal data).  

13.2 A link from our Website does not constitute any endorsement by us of the use of that link, the company or organisation that owns the site using the link or the contents on the site using the link.

14. Viruses, Hacking and other Forbidden Acts
14.1 You must not misuse our Website by knowingly introducing viruses, bugs, “Trojans”, “worms”, logic bombs, corrupt data or other material which is malicious or technologically harmful.

14.2 You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

14.3 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website, Product and Services will cease immediately.

14.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it. 

15. Jurisdiction and Applicable Law

15.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Website, Product and/or Services although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

15.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

16. Changing these terms and conditions
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.

17. Severability
If any of these terms are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to the extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent possible.

18. Entire Agreement
These terms and conditions and any document referred to within them represent the entire agreement between us and in relation to the subject matter of these terms and conditions and supersede any prior agreement, understanding or arrangement between us, whether spoken or written.

19. Your Concerns
If you have any concerns about material which appears on our Website, Product or Services, please contact ask@photosymbols.com.

Thank you for visiting our Website.