Terms of service
OVERVIEW
This website is operated by Escapes And Landscapes. Throughout the site, the terms “we”, “us” and “our” refer to Escapes And Landscapes. Escapes And Landscapes offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Terms and conditions
Specific information included with the images regarding dates, serial numbers and operators at the time, for example, are taken from our notes of the day, and programmes/published data of the event. Information subsequently available via internet sources has also been used in some cases.
We apologise for any errors or omissions.
Some of the images are of wartime aircraft in their classic livery which reflect the colour scheme and imagery of its time, we do not wish to cause offence by the inclusion of these.
Licence details:
Licence A - Personal use
Purchase is for use as a single image on a phone/computer/ipad, for personal use (i.e. desktop wallpaper, single small print etc)
Images supplied as JPEGs (.jpg); Size internet quality; 1024 x 768 pixels.
Licence B- Single Commercial and high specification personal use
Purchase is for single use of image as a large print (i.e. digitally printed wallpaper/canvas etc). or single use of image in any given publication/website.
All images to be credited with the following:
" Escapes and Landscapes www.escapesandlandscapes.com"
on the usage website and with each image in each publication.
Images supplied as JPEGs (.jpg); Size 2650 x 1779 pixels approx. (varies in file size)
Licence C- Unlimited Commercial use
Purchase is for the multiple use of each image in any given publication, irrespective of the print run, and allows for that use to be any time from the date of purchase. Non-exclusive.
All images to be credited with the following:
" Escapes and Landscapes www.escapesandlandscapes.com"
on the usage website and with each image in each publication.
Images are supplied as JPEGs (.jpg). Size 3200 x 2162 pixels approx. (varies in file size)
"Commercial use" refers to any use of copyrighted work that is intended for or directed towards commercial advantage or monetary compensation. This means using a work for purposes like making money, selling goods, or advertising.
Definitions
In the terms and conditions the following definitions shall apply:-
(a) “The Client” means any person, firm or company who purchases an image from Escapes and Landscapes or acquires a photographic usage license.
(b) “Escapes and Landscapes” means Jon Clarke trading as Escapes and Landscapes, a trading name of Escapes and Landscapes.
(c) “Photograph” includes a photographic print or transparency or any other item including an electronic image (in the form of a JPG file or otherwise).
(d) “Reproduction” includes any form of publication or copying, of the whole or part of any Photograph and whether or not altered whether by printing, photography, slide projection (whether or not to an audience) xerography, artists reference, artists illustration, layout at presentation, electronic or mechanical reproduction including on-line services, Internet or CD Rom, or storage by any other means, and “to Reproduce” shall be construed accordingly.
(e) “Rights Managed, or RM”, in photography and the stock photo industry, refers to a copyright Licence which, if purchased by a user, allows the one-time use of the photo as specified by the license. If the user wants to use the photo for other uses an additional Licence needs to be purchased.
(f) “Licence” The Licence covers what, where and how the image will be used.
Benefits of Licensing an image/images:
Gives the client versatility.
Is cost effective.
Is uniquely tailored to the needs of the client.
The Agreement
The conditions apply to all orders, supplies and reproductions of Photographs from or by Escapes and Landscapes, and shall apply in place of and prevail over any terms and conditions contained or referred to in the client’s order or correspondence or elsewhere or implied by trade practice or course of dealing. No variation of terms and conditions set out herein shall be effective unless agreed in writing by both parties.
Licence Agreements
Escapes and Landscapes will provide images for the following Licence agreements, all images are Rights Managed (RM) Any client (unless otherwise stated in a contract for hire) must have permission (a license) from Escapes and Landscapes to publish (reproduce) images in any medium, physical or electronic.
Commercial Licence: Photographic Imagery is used to sell or promote a product, service, or idea. Advertising, marketing, and promotional activities all fall into this category.
Personal License: Photographic imagery is generally commissioned or purchased for client's own personal use through social media posts or print. Images can't be used through a commercial page or site, or in aid of selling any product or services. Unless otherwise stated, all images are purchased for personal use and are not to be used for commercial or financial gain.
These licenses apply specifically to the client commissioning the work, any third party benefiting from marketing use of the images must be agreed and paid for separately prior to use.
Copyright and Model Release
Copyright is a property right which subsists in photographic, literary and artistic works that are original intellectual creations or an individual in the photographic, literary and artistic domain.
Escapes and Landscapes retains the copyright of all images supplied, unless otherwise stated in a contract, or a Licence agreement for transfer of copyright ownership has been agreed upon between Escapes and Landscapes and the Client.
No person shall, without the authority of the copyright owner:
(1) intentionally remove or alter any copyright data in file EXIF
(2) distribute copies of works knowing that copyright management information has been removed or altered without authority of the copyright owner.
Reproduction
The Client may only reproduce the Photographs: (a) with the prior consent of Escapes and Landscapes; and (b) after payment of the appropriate Licence Fee.
No one may make alterations in part or in full to any images taken by Escapes and Landscapes without prior written consent. Escapes and Landscapes has the right to object to any distortion, manipulation or modification to any images.
Refunds
Please read the terms and conditions carefully before purchasing and downloading digital images or prints. These Terms constitute a legal agreement between you and Escapes and Landscapes regarding the purchase and use of digital prints. By downloading the digital image, you agree to be bound by these terms and conditions.
Due to the nature of digital prints, we do not offer refunds or returns once the digital files have been downloaded. There is the opportunity to preview your Photo Pack prior to purchase and download.
However, if there is a technical issue with the downloaded files, the Customer must notify us within 7 days of purchase, providing details and supporting evidence. We reserve the right to rectify the error or defect. If any deficiency is approved and a refund is agreed to, the order will be cancelled and no longer accessible.
All images are available to preview on the website prior to purchase. It is the purchaser’s responsibility to ensure that they are purchasing the correct product, both with regard to content, form and quantity. No refund or replacement will be made where the product is supplied as ordered by the purchaser.
Right to Credit
If the Licence Agreement granted is an Editorial Licence, Esacpes and Landscapes name must be printed on, or in reasonable proximity to, all published reproductions of the Photographs.
Escapes and Landscapes asserts the statutory right to be identified as the author of the Photographs in the circumstances.
WAIVER
Neither the demand for nor the acceptance of payment made under these terms and conditions nor the failure by the Photographer to enforce any of the terms and conditions at any time or for any period will release or exonerate or in any way affect the liability of the Client or be a waiver of these terms and conditions.
SHOPIFY HOSTING
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Escapes And Landscapes, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Escapes And Landscapes and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United Kingdom.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@escapesandlandscapes.com.
Our contact information is posted below:
Escapes and Landscapes
info@escapesandlandscapes.com
5 Cornfield Close Ellistown Coalville LE67 1GJ
01530 262 892