These Terms and Conditions of Use constitute a legal agreement between you, the website user, and The Open Photographic Society (“The Society”, also referred to as "OPS", “we” or “our”). Please read this agreement (“Agreement”) in its entirety before continuing to use this website.
By using this website, you agree to be bound by the terms of this Agreement. Users who do not accept the following Terms and Conditions of Use should leave the site immediately.
Ownership of This Website
This website is owned and operated by The Open Photographic Society. All content featured or displayed within the pages of this website, including, but not limited to, text, images (still or moving), graphics, sound, illustrations and software (“Content”), is owned by The Open Photographic Society, its licensors and content providers.
All elements of The Society’s website, including, but not limited to, appearance, general design and Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Unless explicitly permitted under this or another agreement with The Society, or one of its photographers or content providers, no part of this website or its Content may be copied or re-transmitted via any means.
Content (including photographic images) purchased or otherwise acquired by you from The Society or via this website may be used only by you for personal, non-commercial purposes. Such material may not be duplicated or otherwise reproduced, altered, re-sold or re-distributed by you. You shall indemnify The Open Photographic Society, its licensors, affiliates and third party content providers against any losses, expenses, costs or damages incurred as a result of your breach of the terms of this Agreement or your unauthorized use of Content or infringement of related rights.
Accuracy, Completeness and Quality of Information
The Society will not to be responsible for the accuracy, completeness or quality of the information provided on this website. Information contained within the website is provided free of charge and in good faith. Every effort is made to keep information as up to date and relevant as possible. Claims for damages caused by the use of published advice or information, whether correct or incorrect, accurate or inaccurate, complete or incomplete, will be rejected. The Society reserves the right to add, update, edit, change or delete information within the website without prior notice.
Image Copyright
Images displayed on this website are either the property of The Society, or used with appropriate permission granted by the copyright owner or other third parties. The use of any of the images on this website by you, or anyone else authorized by you, is prohibited unless specifically permitted by, or on behalf of, the appropriate copyright owner. Any unauthorized use of images may violate copyright, privacy or publicity laws, as well as communications regulations and statutes.
The Society respects the copyright of all photographers' images and never knowingly publishes or uses any image unless appropriate permission has been obtained. To do otherwise would be to fly in the face our own basic objectives of encouraging excellence in photography and supporting photographers worldwide.
The Society's website incorporates thousands of pages and images. Published images have six main sources: OPS people who have submitted images for website use; successful distinction panels; OPS exhibitions; weddings photographed by OPS; photographers in particular fields who have kindly given permission for one or more of their images to be used; and public domain image libraries.
Should anyone find an image on our website that appears to have been used improperly, please contact the Society with the appropriate details. We undertake to investigate the matter with urgency, and will immediately remove the disputed image from the website while the matter is investigated and resolved. The relevant image will be permanently removed from the site where such action is justified. The copyright for any material created by The Society or its photographers is reserved. Any duplication or use of website images, graphics, texts or sounds in other electronic or printed publications is strictly prohibited without the express permission of the copyright holder or authority.
Unjustified claims for the improper use of images and/or violation of copyright are unfortunately becoming more frequent, and in some cases arise from unscrupulous or predatory sources. Such unjustified claims take time and effort to resolve and may expose The Society to unnecessary and disproportionate legal and other expenses. For this reason The Society reserves the right, at its own discretion, to charge token fees for investigating unjustified, incorrect, malicious or improperly researched claims. Such fees are usually, but not exclusively, based upon 10% of the amount of the relevant unjustified claim.
Logos and other Trademarks
“The Open Photographic Society” and The Society's logo are the property of The Open Photographic Society. All other trademarks, logos and service marks (known collectively, the “Trademarks”) appearing on this website are the property of their respective owners. Your use of any logos or trademarks displayed on this website without specific written permission is strictly prohibited.
Links and References
The Society is not responsible for the accuracy, completeness or relevance of the contents of any website or other publication to which a link or reference is made. Neither will the Society be held responsible for testimonials, postings, comments or messages published by users who, legally or illegally, gain the necessary access to this website. When notified of any any inappropriate content The Society will investigate and, at its own discretion, take appropriate remedial action.
Privacy Policy
The Society is committed to the protection of its users’ privacy. We collect personal information only where absolutely essential, such as when accepting wedding photography bookings or orders for our limited range of shop products, or receiving applications for Distinctions. All such information is handled in accordance with the Society’s Privacy Policy.
Disclaimer
The Society makes no representations regarding the suitability, reliability, availability, timeliness or accuracy of the advice, information, products and services incorporated within its website. All website software, products, downloads, text, graphics etc have been tested by the Society and found to be virus free. However, the ever-changing nature of viruses and malware of various types make it impossible for the Society to provide an absolute guarantee of the absence of harmful content. OPS and its suppliers hereby disclaim all warranties and conditions with regard to all website information, products and services, including all implied warranties and conditions of merchantability, fitness for purpose, reasonable effort, title and non-infringement.
Full details may be found in the Society’s Liability Disclaimer.
Changes to Terms and Conditions of Use
The Society reserves the right to make changes to these Terms and Conditions at any time and without notice.
Governing Law and Jurisdiction
These Terms and Conditions quoted here shall be governed by, and construed in accordance with, the laws of England. If any disputes arise, you agree to submit to the exclusive jurisdiction of the English courts.