Frozen Event Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.

  1. ABOUT THESE TERMS AND CONDITIONS
    1. These Terms and Conditions set out the terms on which (i) we make any user space and functionality available to you and/or make any image or other content and associated information available to you in each case through the Frozen Event website at www.frozenevent.com, our Facebook and Twitter pages and the pages of any third party website containing a link, branding or reference to Frozen Event and/or the Frozen Event website, our Facebook or Twitter pages (together the “Website”) and (ii) you agree to use the Website maintained by us.
    2. Please review these Terms and Conditions carefully and make sure that you understand them before using the Website. If you do not agree to these Terms and Conditions, you must cease use of the Website immediately.
  2. INFORMATION ABOUT US
    1. We are FROZEN EVENT LIMITED, a limited company incorporated in England with registered number 07794199 and registered address at 35 Newbery House, Northampton Street, London N1 2HX. Our director is Dr. Laurie Young.
    2. References to “Frozen Event”, “we” and “us” are references to Frozen Event Limited. References to “you” are to the person accessing, downloading or using the Website, or uploading, marketing, selling, browsing, reviewing, tagging, commenting on or purchasing any image through the Website, or the company or organization on whose behalf such person accesses, downloads or uses the Website or uploads, markets, sells, browses, reviews, tags, comments on or purchases any image through the Website.
  3. ACCEPTANCE OF TERMS AND CONDITIONS
    1. By using the Website, you accept and agree to be bound by these Terms and Conditions.
    2. Frozen Event may at any time without notice modify these Terms and Conditions. We will notify you of any changes to these Terms and Conditions either by emailing you (at the email address notified by you to us on the website) or via an in-Website message.
    3. By continuing to use the Website after changes to these Terms and Conditions are made and notified to you, you agree to be bound by such changes.
    4. You can review the most current version of our Terms and Conditions at any time by clicking on the "Terms and Conditions" link located at the bottom of the Website. The most current version displayed on that page will supersede all previous versions.
  4. LIMITATIONS ON USE
    1. You must be at least 13 years old to download and use the Website, or, if you are not at least 13, you may download and/or use Website only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not use the Website.
    2. You must only purchase images or sign up to any monthly or occasional membership scheme with us using your own bank account and/or credit or debit card. You must not attempt to use, or use, any third party’s bank account, or credit or debit card. If you are under the age of 16, you must get the permission of your parent or guardian before purchasing any image and/or signing up to any monthly or occasional membership through the Website.
  5. YOUR CONDUCT
    1. By downloading and using the Website, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.
    2. You also agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.
    3. You also agree not to:
      1. conduct or promote any illegal activities while using the Website or use the Website for any unlawful purpose;
      2. upload, distribute or print anything that may be harmful to minors;
      3. upload, distribute, print or sell any image or other content that is pornographic, violent or degrading;
      4. upload, distribute or make available in any way any image that you do not own or are not permitted to publish;
      5. resell, redistribute or use for commercial gain any image that you have purchased through the Website without the express written permission of the owner;
      6. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;
      7. attempt to gain access to secured portions of the Website to which you do not possess access rights;
      8. impersonate any other person while using the Website;
      9. conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;
      10. resell or export the software associated with the Website;
      11. use the Website to generate unsolicited advertisements or spam; or
      12. use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.
    4. If you choose to provide us with information for whatever reason, you agree to provide only accurate, complete information and you agree to keep that information up-to-date if it changes.
    5. We may introduce member-only galleries on the Website which are only accessible to registered users of the Website. You must comply with any guidance published by us from time to time regarding the type of images and content that must be placed in member-only galleries on the Website.
    6. Frozen Event reserves the right at any time without notice to:
      1. remove any image or other content submitted by you, us, or any other user of the Website, or any link or other reference to any image or content on a third party website (including without limitation for the avoidance of doubt, your Facebook page or any third party’s Facebook page) without giving any reason or explanation as to our decision to remove such image, content, link or reference;
      2. suspend your access to the Website without giving any reason or explanation; and
      3. require that any image or content be placed in a “member-only” gallery which requires any person accessing such image or content to first register with the Website.
  6. CHARGES FOR USING THE WEBSITE
    1. Frozen Event currently provides the Website to you free of charge. However, Frozen Event reserves the right to start charging for access to the Website (and/or certain services provided through the Website) on giving no less than 14 days notice to you.
    2. When you use the Website, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
    3. Frozen Event reserves the right to require photographers and other users uploading, marketing and/or selling images and other content (a “Merchant”) to pay a monthly or occasional fee (the “Membership Fee”) in order to access certain services provided through the Website.
    4. Any Membership Fee shall be payable in advance by Paypal by credit or debit card or direct bank transfer through the merchant facility available through the Website. All payments made to Frozen Event in respect of a Membership Fee shall be non-refundable.
  7. COMMISSION
    1. Where a Merchant makes any image or other content owned by him available to purchase, the Merchant hereby agrees that all sums due in respect of the image or other content shall be paid by the purchaser of such image or other content directly to Frozen Event using the merchant facility available through the Website.
    2. The Merchant shall be entitled to be paid by Frozen Event a commission on any sum paid to Frozen Event (the “Commission”) through the Website in respect of the purchase of any image or other content owned and provided by the Merchant. The current rates of Commission shall be as set out at www.frozenevent.com/pricing as updated from time to time. Frozen Event reserves the right to change the rates of Commission on giving no less than 14 days notice to you.
    3. Within 14 days of the end of each calendar month, Frozen Event shall account to the Merchant for any Commission. All Commission payments shall be paid to either the Paypal account or the UK bank account of the Merchant at Frozen Event’s sole and absolute discretion.
    4. Frozen Event shall be permitted to deduct from any payment of Commission to the Merchant any sums due to Frozen Event from the Merchant.
  8. INTELLECTUAL PROPERTY
    1. Frozen Event and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through it. The Website is protected by UK and international copyright and other intellectual property laws.
    2. We permit you to use the Website only in accordance with these Terms and Conditions and Frozen Event grants you a limited license solely for that purpose.
    3. Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. Frozen Event reserve the right to terminate the limited license without notice at any time following an unauthorized use by you of the Website.
    4. Frozen Event and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of Frozen Event Limited. They may not be used without Frozen Event’s prior express written permission.
    5. All other trademarks not owned by Frozen Event that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Frozen Event.
  9. ELECTRONIC COMMUNICATIONS
    1. By downloading and/or using the Website, you consent to receiving electronic communications and notices from Frozen Event. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  10. PRIVACY
    1. You provide us with information when you register on the Website. We also collect information both relating to you (for example on your usage history and your preferences for certain kinds of image) and to users of the Website in general. Any information that you submit or that we collect when you are using the Website is subject to the Frozen Event Privacy Policy, the terms of which are hereby incorporated into these Terms and Conditions.
  11. USE OF INFORMATION SUBMITTED
    1. You agree that Frozen Event is free to use any comments, information or ideas contained in any communication you may send to Frozen Event or which you may post on the Website or elsewhere in relation to the Website or any image without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services. For the avoidance of doubt, all such information will be deemed by Frozen Event to be non-confidential and non-proprietary, and you agree that such information may be used by us without any limitation whatsoever.
  12. MERCHANT WARRANTY & INDEMNITY
    1. Where you are a Merchant, you hereby represent and warrant to Frozen Event that you own all rights and title to (including without limitation to the copyright and moral rights in) any image or other content you upload, distribute, publish or sell through the Website.
    2. Where you are a Merchant, you hereby agree to indemnify Frozen Event against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Frozen Event arising out of or in connection with:
      1. any breach of the warranty contained in Clause 12.1;
      2. your breach or negligent performance or non-performance of these Terms and Conditions;
      3. any claim made against Frozen Event by a third party arising out of or in connection with any image or other content uploaded, distributed, published or sold by you through the Website.
  13. NO WARRANTY & LIABILITY LIMIT
    1. Frozen Event provides the Website "as is" and without any warranty or condition, whether express, implied or statutory.
    2. Frozen Event specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
    3. Frozen Event assumes no liability or responsibility for:
      1. any errors or omissions in the Website or images made available to you or on your behalf through the Website;
      2. any failures, delays or interruptions in the Website;
      3. any losses or damages arising from the use of the Website, including, without limitation, any damage to your mobile device; or any conduct by users of the Website.
    4. We reserve the right to deliver the Website in our sole and absolute discretion.
    5. In no event shall Frozen Event, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these Terms and Conditions, on any theory of liability, and whether or not advised of the possibility of damage. Frozen Event does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Frozen Event. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
    6. From time to time you may use or access services, promotions and websites of third parties through links or comments on the Website. In particular, our Facebook and Twitter pages are provided by third parties and our payment mechanism is provided by Paypal Inc. In using or accessing third party services, promotions and websites, you agree to be bound by the terms and conditions of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties. This provision applies to all third parties including without limitation Facebook, Twitter and Paypal Inc.
  14. INDEMNITY
    1. You agree to indemnify and hold Frozen Event, and each of its shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Website or your violation of any law or the rights of any third party.
  15. DISPUTES
    1. You agree that these Terms and Conditions and any claim, dispute or controversy arising out of in connection with these Terms and Conditions or their subject matter or formation (including non-contractual disputes or claims), the Website, Frozen Event’s advertising or any related transaction between you and Frozen Event shall be governed by and construed in accordance with English law.
    2. Any dispute or claim arising out of or in connection with such matters (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
  16. TERMINATION
    1. Frozen Event may change or discontinue the Website at any time without prior notice. We reserve the right to terminate these Terms and Conditions for any reason, without notice, and these Terms and Conditions shall automatically terminate in the event that you violate any of the terms and conditions set forth herein (with prejudice to our accumulated rights against you). In the event of any termination, you will immediately cease access to the Website.
  17. GENERAL
    1. These Terms and Conditions are agreed between you and us. No other person shall have any rights under or connection with these Terms and Conditions under the Contracts (Rights of Third Parties) Act 1999.
    2. If any court or competent authority decides that any term of these Terms and Conditions is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
    3. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
    4. Our failure to enforce any provision of these Terms and Conditions shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
    5. You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms and Conditions without our prior express written consent.
    6. These Terms and Conditions set forth the entire understanding and agreement between you and Frozen Event with respect to the subject matter hereof.
  18. CONTACT US
    1. If you have any questions about these Terms and Conditions or the Website, please contact us at: info@frozenevent.com