Terms and Conditions

Last Updated: June 15, 2024

Welcome to PublicSphere. These Terms and Conditions govern your use of the PublicSphere website (publicsphere.sbs) and any related services provided by PublicSphere.

By accessing our website, you agree to be bound by these Terms and Conditions and our Privacy Policy. If you disagree with any part of these terms, you may not access our website or use our services.

1. Definitions

For the purposes of these Terms and Conditions:

• "Company", "we", "us", or "our" refers to PublicSphere, registered in the United Kingdom with company number 14888733.
• "Website" refers to publicsphere.sbs.
• "Service" refers to the photography services, educational content, and related offerings provided by PublicSphere.
• "Client" or "you" refers to the individual accessing or using our Website or Services.
• "Content" refers to text, images, videos, audio, and other material that is displayed on or accessible through our Website.

2. Acceptance of Terms

By accessing our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. We reserve the right to change these Terms and Conditions at any time. Your continued use of the Website following the posting of changes will be deemed acceptance of those changes.

3. Intellectual Property Rights

3.1 Our Content

The Website and its original content, features, and functionality are owned by PublicSphere and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Unless otherwise stated, all photographs, written content, and other materials on our Website are the property of PublicSphere or our content creators and may not be used without our prior written permission.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website and Services for personal, non-commercial purposes. This license does not include:

• The right to reproduce, distribute, publicly display, or publicly perform our Content;
• The right to modify or create derivative works based on our Content;
• The right to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website or Services;
• Any use of the Website or its Content other than for its intended purpose.

3.3 Client-Commissioned Photography

For photography services commissioned by clients, the specific intellectual property rights will be outlined in a separate Photography Services Agreement. Unless explicitly stated otherwise in such an agreement, PublicSphere retains copyright ownership of all images created during a photography session, while granting the client specific usage rights as defined in the agreement.

4. User Representations and Conduct

By using our Website, you represent and warrant that:

• You are at least 16 years of age;
• You have the legal capacity to enter into these Terms and Conditions;
• You will use the Website in accordance with these Terms and Conditions;
• You will not use the Website for any illegal or unauthorized purpose;
• Your use of the Website will not violate any applicable law or regulation.

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the Website in any medium;
• Using any automated system, including "robots," "spiders," "offline readers," etc., to access the Website;
• Transmitting spam, chain letters, or other unsolicited email;
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website;
• Taking any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• Uploading invalid data, viruses, worms, or other software agents through the Website;
• Collecting or harvesting any personally identifiable information from the Website;
• Using the Website for any commercial solicitation purposes without our express written consent;
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity;
• Interfering with the proper working of the Website.

5. Photography Services

5.1 Booking and Cancellation

Photography services must be booked in advance and are subject to availability. A non-refundable deposit (typically 50% of the total fee) is required to secure a booking date. The full details of booking and cancellation policies will be provided in a separate Photography Services Agreement.

5.2 Delivery of Images

We will make every effort to deliver photographs within the timeframe specified in your Photography Services Agreement. However, delivery times are estimates and may vary depending on our workload, the complexity of editing required, and other factors.

5.3 Image Editing

All images are edited according to our professional standards. This includes basic adjustments to exposure, color, contrast, and other parameters. Additional retouching services may be available at extra cost.

6. Online Purchases and Payment

When you make a purchase through our Website, you agree to provide current, complete, and accurate purchase and account information. Your purchase is subject to our order acceptance policy. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Payment for services must be made in accordance with the terms specified in your invoice or agreement. We accept payment via the methods indicated on our Website.

7. Third-Party Links and Content

Our Website may contain links to third-party websites or services that are not owned or controlled by PublicSphere. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that PublicSphere shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall PublicSphere, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Website or Services;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website; and
• Unauthorized access, use, or alteration of your transmissions or content;

whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

9. Disclaimer

Your use of the Website and Services is at your sole risk. The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Website and Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

PublicSphere, its subsidiaries, affiliates, and licensors do not warrant that:

• The Website or Services will function uninterrupted, secure, or available at any particular time or location;
• Any errors or defects will be corrected;
• The Website or Services are free of viruses or other harmful components;
• The results of using the Website or Services will meet your requirements.

10. Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials, or failures of technology.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

12. Dispute Resolution

Any dispute arising from or relating to these Terms and Conditions shall first be resolved through good-faith negotiation. If such negotiation fails, both parties agree to seek mediation before pursuing any other remedies available under law.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and PublicSphere concerning the Website and Services.

15. Contact Information