Terms and Conditions
Welcome to the Black and White Photography website.
Following are the terms and conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND Digital Black and White. PLEASE READ THIS AGREEMENT (“AGREEMENT”) IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE.
Ownership of This Website
This website is owned and operated by Ian Barber of Ian Barber Photography. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, moving images, sound, illustrations and software (“Content”), is owned by Digital Black and White, its licensors and its content providers.
All elements of Digital Black and White websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Digital Black and White or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Digital Black and White or its licensors unless otherwise expressly agreed. You shall indemnify Digital Black and White, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorised use of the Content and related rights.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND Digital Black and White EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. Digital Black and White WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT Digital Black and White, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Digital Black and White nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
Digital Black and White uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
There may be links to other websites from the Digital Black and White website; however, these other websites are not controlled by Digital Black and White and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Digital Black and White regarding the inclusion of links to outside websites or your use of those websites.
No Waiver, Sever-ability
No action of Digital Black and White, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Digital Black and White and you relating to your use of this website.
We value your privacy and your desire to protect your personal information. This page is to explain to you the type of information we collect about you, why we collect it, and how that information is used.
What information we collect
The Digital Black and White Website collects and stores the following types of information about you.
Information about your computer, including IP address, browser type, operating system and screen resolution. If you are registering, or are registered as a member, we also collect the following information.
Compulsory information provided by you, for the purposes of registering as a member, including email address. Voluntary information provided by you and entered into your user profile, either at time of registration, or later. This includes your real name, location, occupation and biography, amongst others.
Why we collect this information
The information about your computer is collected to assist us in compiling our website visitor statistics. These enable us to adapt and maintain Digital Black and White Website for the enjoyment of the majority of our visitors. With the exception of the IP address, the information about your computer is never linked to any personally identifiable information or your site account.
Your IP address is collected to allow us to enforce our site rules, detect duplicate registrations, and to assist you should you have any problems or queries (technical or otherwise) while using our site. The voluntary information you enter into your profile is to nurture our community aspect.
Your email address is required by us to ensure that we have a line of contact with a real person, and to assist us in enforcing our forum rules and to detect duplicate registrations. Your date of birth is optional at this time but may change in the future. We use this information so we can detect members under the age of 18, and restrict their site access accordingly.
The Digital Black and White Website makes use of browser cookies. A cookie is a small file of information which is placed on your computer with information relevant to your visit to our website. This is used to enable us to distinguish you as a registered member (if you are), and to enable you to take part in and access areas of our website which would otherwise be restricted. It also allows us to offer you a more personalised experience by way of applying your preferences and options to your visit.
You may disable either our cookies, and/or our third party advertisers cookies in your browser preferences. If you disable the Digital Black and White Website cookies, this may affect your ability to interact with various functions of our site (particularly those that require you to be logged in).
How we use your information
Your voluntary personal information (your location, occupation, biography etc) is stored in your user profile, and is viewable by any registered member. Your date of birth ma be used to automatically send you a short congratulatory email on your birthday.
Your email address will be used to notify you of various website changes. These include (but are not limited to), replies after you in a thread, notification of a private message by another member
These notifications are mostly opt-in, and can all be turned off via your user control panel. We will periodically send out an email newsletter to you. This can be opted out of too via your user control panel.
We will also use your email address for our site staff to communicate with you any updates, problems or information about your account.
Sharing of your information
Your date of birth is kept private unless you change your options to allow it to be shown to other site visitors.
By default your email address is not visible to other members, and at the moment there is no option to override this. Your contact details (including email address) will never be sold to a third party.
Opting out, and consent
If you are a registered member, you may only opt-out of receiving our newsletters, or any other forum notifications by modifying your user preferences. However, we may still contact you with what we consider are important updates or notifications regarding the site or your account, or queries regarding your conduct or activity on the site.
You may, at any time, remove any voluntary information you enter into your user control panel, except your valid email. This are required to keep your site membership active.
We may delete your site account on request. Please use the Contact Us facility of the site to do so. If you wish, you may remove ALL information from your profile yourself. However, please note that your account will become restricted if you remove your valid email address, so remove this information last.