Policy, Terms and Conditions of
Business (ie, the small print...)
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PhotoAltering.co.uk
is the hottest, funniest and most useful thing to come along for
ages
!
We
are the experts to come to for anything to do with photograph
alteration, retouching and manipulation, for fun, serious, or
commercial purposes, for family, friends or business.
We
are also professional photographers and commercial graphic design
artists - If you dont have a suitable original photograph
to suit your purposes, we can come and photograph whatever you
want and then either provide you with the normal photograph, or
alter it for you, producing original artwork and photographic
or photo-realistic imagery which can then be reproduced or used
in hundreds of fun and useful ways.
We can deliver the finished photographic artwork as printed photographs,
or as digital computer files on CD, or by email, or both, or all
three.
For
legal reasons, we have certain conditions on the nature of the
work we will take on. Theyre all fairly obvious and not
too hard to comply with.
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Basically,
we will not have anything to do with stuff that looks remotely
illegal, slanderous, libellous or in bad taste.
You
can imagine the kind of thing were talking about, Im
sure, but please read the more detailed statement below anyway.
We also dont accept any liability for any outcome of what
you do with the pictures we create for you.
These
conditions have been laid down for both our and, more importantly,
for guidance towards your legal protection. We provide
a top quality service and we want you to be free to enjoy the
great products we can create for you. Theres nothing unusual
about the following terms and conditions Theyre standard
professional photographers and artists business terms that youll
find anywhere. Just because its art doesnt mean it
isnt business.
Acceptance
of these terms is implicit and binding in your commissioning of
us to create your altered photos. Please read and understand them,
after which well get on with our job of creating some great
photo art for you
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PhotoAltering.co.uk
Policy, Terms and Conditions of Business
- PhotoAltering.co.uk
will not accept for alteration, (or cause, when altered), any
photo depicting or strongly, graphically to suggest:
a)
P*rnography (*Not
that were afraid of the word, but the asterisk has to
be there, otherwise some search engines would screen this
site from their index, and you would never have found our
wonderful website. Same reason you can never find any mention
of the wonderful Lincolnshire town of Scu*thorpe on the web
if your search engine filters are on).
b)
Images of nak*dness or of lewd
or a directly s*xual suggestive nature.
c)
N*ked children (not even innocent
pictures of ki*dies bathtime
or at the beach. You know your k*ds
are cute, and we know theyre cute too, but its
not worth the hassle, so, no bare lit*le
botties please or we'll all end up on the front page of the
Da*ly Mail).
d)
Graphic and gratuitous violence.
e)
Images of a racist nature or images which might be caused
by a third party to incite
racial hatred.
f)
Hate campaigns, be they political and public or personal and
private.
g)
Slanderous or libellous material or material which may be
construed as related to stalking (how do you say that anyway?
Stalkerous
??
h)
Religious material.
- Photoaltering.co.uk
also reserves the right to refuse commissions involving alteration
work of photographs or other images which may already be copyrighted
material, or for any other reason, specified or otherwise, at
our discretion.
Customers
are advised to think carefully before submitting photos picturing
other people, particularly people they don't know well, to
Photoaltering.co.uk for alteration. Even practical jokes made
in good faith can sometimes backfire. Photoaltering.co.uk
accepts no liability for the consequences of use of an altered
photo commissioned from us.
- We,
Photoaltering.co.uk accept no responsibility for the use, or
outcome of the use, of photographs and graphic material prepared
by us and delivered to you. This disclaimer extends to use by
third parties. You as the
commissioner and/or purchaser of the work are solely responsible
for its use and distribution. Consequences of and actions brought
against the commissioner and/or purchaser of an item produced
by PhotoAltering.co.uk by third parties
or as a result of use of the item by third parties,
or of use by the original commissioner and purchaser of the
item is the sole concern and liability of the original commissioner
and purchaser of the item.
- Photoaltering.co.uk
shall not be liable in whole or in part for any prosecution
or legal action (private or public) brought against them, the
commissioner and/or purchaser of the item or the third parties
as a result of the use, display or distribution of the item
by the commissioner or purchaser or third parties
or persons unknown, nor shall we be liable for any compensation
claimed in relation to legal action or disputes, public or private
in respect of use of the item.
Were just artists We paint what you
ask us to paint, and after that, its up to
you what you do with the picture.
('Third
parties' is a legal term describing persons, be they individuals
of any age or status, children or adults, business companies,
political organisations, national or local government offices,
profit or non-profit organisations, photo agencies, photographers,
artists and designers, members of the press (anyone
in fact) who may at any time, now, or in the future obtain
an original or copy of the photographic item we have prepared
for you, either with or without your permission, and proceed
to use it for their own purposes, with or without your permission,
often publicly, whether for profit or non-profit, it makes
no difference, they are legally considered as a third
party.)
-
Art
appreciation is subjective - One chooses an artist to create
a commissioned picture on the basis of that preferred artist's
general style. Thus it is an accepted convention that the
manner (colour, style, positioning etc) in which photos are
altered or 'Pop-Arted', and their final appearance or effect,
is according to the discretion and professional artistic judgement
of Photoaltering.co.uk, and not according to the precise direction
of the client. Though we offer an adequate proofing service,
(see Note 7) you the client are commissioning an artistic
work, and thus agree to reasonably accept the finished work(s)
as is. Following acceptance of the final proof, no work can
be returned to Photoaltering.co.uk and no refund will be given,
except, at the discretion of Photoaltering.co.uk in the case
of delivered goods proven to be damaged in transit (see Note
10).
-
Colours:
It is a widely, professionally known and common technical
characteristic of the printing and photographic industries
that colours in a photograph or printed article (or copy of
one) can seldom be matched exactly to original or preferred
copies or sources. This is because of the wide range of differences
in the manufacture of printing inks, papers, also the different
qualities and types of computer monitor screens, not to mention
ambient lighting conditions where the computer screen or original
or finished photo or artwork is placed or displayed. Subtle
differences in individual eyesight and personal colour perception
from person to person are also a contributing factor. In short,
it is a scientific fact that no two people are guaranteed
to see the same colours in quite the same way. In addition,
in the case of an altered or repaired photograph, there may
be a slight colour-shift in the new copy as a result of processes
implicit to the alteration or repair process itself. On completion
of any artwork you commission from us, before printing and
sending to you, Photoaltering.co.uk usually send you a small
preview proof by email of what your finished print is likely
to look like. Although this miniature proof is perhaps a 90
percent faithful indicator of the appearance of your final
full-size print, the colours you perceive in the proof may
sometimes differ in the finished print we send you. At the
consumer-level prices we charge for our products, this is
allowable proofing error. Thus, Photoaltering.co.uk will not
undertake reprints at no or reduced charge on the basis of
alleged or actual colour discrepancies. We maintain that the
colours will be subjectively close enough by most commercial
print standards. You the client agree to accept the finished
work(s) as is.
-
Proofing
and Order Cancellation: (especially with regard to Pop Art
('Warhol'-style) portraits) - Our pop art process is not automatic
- There are many hours of work involved in creating these
beautifully personalised works of art. Therefore, we do not
create pictures on approval - When the artwork is complete,
but before printing and sending, we email you a preview 'proof',
which is a miniature version to show you in advance almost
exactly how the finished full-size print will look. If you
like the proof, we print and send the finished, full-size
print, and payment shall be due. Alternatively, if after seeing
the proof you would like it altering slightly, in colour or
minor details, we can, (within technical, time and price constraint
limitations) do that, and then email you another proof of
the newly altered version to approve before printing and sending.
If you still reject the second proofs completely and cancel
the order without ordering a print, no further work will be
done and you can keep the emailed miniature proof for your
own use, though a payment will still be due of whichever sum
shall be the larger of these two: 30% of the non-delivered
price, or £25.
The purchase and commission of original art is a serious and
rewarding undertaking. Though we use digital techniques, the
art we create is not produced by automated processes, but
is painstakingly produced uniquely for you. We thus make the
above stipulations as an indicator of our commitment to provide
a serious and high quality level of product and service in
return for your commitment to the serious commission and purchase
of original art. We do not ask clients to prepay a deposit,
but we do expect you to honour the abovementioned charge which
may be levied in compensation for cancellation of orders in
which we will have invested many hours or days of work.
To be honest however, at time of writing, we've never had
a proof turned down yet - Most people are absolutely delighted
with the first proof and immediately instruct us to proceed
to print and send the full size version.
- Copyright:
As the artists, authors and creators of the created photographically-altered
work which Photoaltering.co.uk will produce for you, Photoaltering.co.uk
(the artist) retains all copyrights to the created images and
their use in reproduction form, i.e. limited edition prints,
merchandise, and has the right to the distribution of the reproductions
of created images. The artist has the right to use the created
images publicly for advertising and promotional displays. The
artist is ordinarily given a term of such copyright ownership
enduring the artist's life, plus an additional 70 years after
the artist's death.
You, the commissioner and/or purchaser of the item may enjoy
and reproduce the item in any reasonable quantities for private
use, to retain for self or to give as a gift, or among family
and friends, (for example, multiple copies for a party invitation),
however, commercial use or reproduction of the created images
is prohibited without express permission of the artist. Please
contact us directly
with any commercial use inquiries. Any unauthorized reproduction,
distribution or public display (such as on an internet webpage)
of the work we create for you, immediate or eventual (by you
or any third party) with
intention to sell or distribute for profit or public use or
application will constitute infringement of our copyright, and
PhotoAltering.co.uk will move to demand and recoup compensation
from you the commissioning client and/or any third party
in respect of such copyright infringement.
- For
Pop Art ('Warhol'-style) portraits, in the case of photographs
sent to us containing two or more people in the picture requiring
'warholaization', we may (at our discretion) make a proportionally
small additional charge to cover the added work necessary in
the extra face(s). If such a charge is applicable, the client
will be quoted this before we begin the work.
- Clients
desiring rights to reproduction of the work for commercial,
business or advertising purposes should consult our commercial
services tariff (click here) for which slightly higher fees
are levied in exchange for extended reproduction rights for
commercial purposes, although PhotoAltering.co.uk, as creators
of the work, will still retain copyright.
- Delivery:
If a package arrives irreparably or significantly damaged or
inferior, you must inform us within 48 hours after receipt of
the product. Please do not return the product, but inform us
first. Products returned to us without prior written or verbal
notification or authorization will not be accepted. If we are
not notified within 48 hours, it will be assumed that the shipment
arrived complete and undamaged and was deemed satisfactory.
We assume no liability beyond 48 hours. If you therefore receive
a damaged or defective shipment, please immediately contact
customer.service@photoaltering.co.uk. All damaged packages shipped
via FedEx or similar special courier must be inspected by FedEx
or the courier and its representatives themselves actually on
your premises before a valid restitution claim can be made.
After you contact us, we will notify FedEx or the special courier
concerned and they will come to your location to inspect the
damaged package. Please note that if:
a) the product is not retained in the original shipping packaging,
or
b) the package is shipped back to us or to any other destination
before FedEx or the courier concerned inspects the damage, eligibility
for compensation is voided.
- Payment:
Payment is welcome any time after your instruction to us to
proceed with a work, but is actually due from the date of confirmation
of your approval or rejection of the final proof.
- In
the act of enquiring of and commissioning PhotoAltering.co.uk
for work, you implicitly agree to accept and be legally bound
by all the above terms and conditions.
Click
here now for price information, enquiries,
and to order your uniquely altered photos...
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