Ripping World Ltd trading as WJP Photography:
TERMS AND CONDITIONS OF USE

Your Agreement with WJP Photography:

Welcome to the WJP 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 WJP Photography ("WJP Photography" "WE" OR "OUR"). 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 WJP 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 WJP Photography, its licensors and its content providers.

All elements of WJP Photography 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 WJP Photography 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 WJP Photography or its licensors unless otherwise expressly agreed. You shall indemnify WJP Photography, 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 unauthorized use of the Content and related rights.

.All web images, design and code remain the copyright of WJP Photography and may be reused at any time(unless specifically requested otherwise by a client).

Trademarks "WJP Photography," are trademarks of Ripping World Ltd or its subsidiaries or its licensors or third-party content providers and are registered or pending in certain countries.

Disclaimers THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND WJP Photography 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. WJP Photography 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 WJP Photography, 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 WJP Photography 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.

WJP Photography 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 WJP Photography website; however, these other websites are not controlled by WJP Photography 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 WJP Photography regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than WJP Photography provide services from this website. WJP Photography does not evaluate or warrant the offerings or services of these parties, and does not assume any liability for the actions, product, services, or content of these parties.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, WJP Photography shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of WJP Photography, such action is necessary or desirable.

No Waiver, Severability
No action of WJP Photography, 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 WJP Photography and you relating to your use of this website.

Copyright of images

The copyright of all photographs produced is retained by WJP Photography and it is a criminal offence to make copies from them by any means under the Copyright, Designs and Patents Act 1988.

Use of images

Images are issued to clients on a 'Royalty Free' basis. All images are Royalty-free. You don't have to pay any additional royalties on a use-by-use basis. Once you purchase a royalty-free product, you may use it multiple times for a single project without paying additional fees. (Pornographic, defamatory, libelous or otherwise unlawful use of any image is, of course, prohibited.). This applies to the invoiced company or person only. Any subsidiary, associate or sister company or organisation must purchase their own images. A company or person can not pass on any image to a third party company or person for their own use. Multiple projects must be paid for on a use by use basis.

Although WJP Photography offers downloaded images Royalty Free, WJP Photography makes no claims or warranties as to the validity of the model or property releases associated with any image and such releases should be verified by you and that such usage shall be at your risk. Unless there is an explicit written statement from WJP Photography stating otherwise, you should assume that no consent from persons or owners of property depicted in an image has been given regarding publication and that model and property releases are not available from WJP Photography or its content providers.

WJP Photography reserves the right to place any image from a commissioned photo shoot on the website for potential sale and download (unless specifically requested otherwise by a client). All images remain the express copyright of WJP Photography at all times

You may not:

a. use images in any way that constitutes a violation of the rights of individuals such as defamation, intrusion on privacy, misappropriation of likeness, or depiction in a false light.
b. use images in any way that violates civil and criminal laws such as those regulating pornography, obscenity, fraudulent schemes, counterfeiting, espionage, and aid to illicit activities.
c. post any file obtained from the Website in a gallery format designed or intended to facilitate transfers of files via the Internet by individual users.
d. resell or distribute any file obtained from the Website or its associated depiction unless the image is an integrated part of the product being resold, and comprises less than 50 percent of the overall product’s importance or value.
e. reverse engineer, decompile, or disassemble any part of a file or accompanying materials except as permitted by law. You MAY alter the image file to suit your visual needs however
f. use any part of an image as a trademark, service mark, logo, or part thereof.
g. remove any copyright or trademark information from any place in the files or accompanying materials.
h. display or post multiple images obtained from the WJP Photography Website in a in a stand-alone or gallery format that makes it easy for people to copy, save or steal the photos.
i.pass on any images to a third party company or person without the express permission of WJP Photography

You can print the photo on any product as long as the image is 50% or less of the overall design on your product. You can integrate the image into a design and use it, but it should not BE the design by itself.

Purchasing a photo is good for one product/project. If you are creating several products/projects you must re-purchase photo for each new product:

Reproducing a single image as a poster, postcard, on a mug, shirt, as a painting is not acceptable. In such a case the thing that gives differing value to the resulting product is the photo on it. Printing a number of images TOGETHER within a single product is acceptable, because the images would each comprise less than 50% of the product's design.

You expressly agree that use of all images, files, or software distributed by WJP Photography is at your sole risk. WJP Photography does not warrant or guarantee that files or images on the Website are free from copyright or other intellectual property concerns.

All images, files, and software distributed by WJP Photography are provided on an “as is” and “as available” basis and without warranties or conditions of any kind either express or implied. and WJP Photography assumes no responsibility for any actions or liabilities arising from their possession or use. WJP Photography disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall WJP Photography or its content providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including but not limited to lost profits and business interruption, irrespective of the type of cause of action, arising in any way from use of the Website, even if WJP Photography is expressly advised of the possibility of such damages. In no event shall WJP Photography’s liability exceed the fees paid for the use of the files. No oral advice or written information given by WJP Photography, its content providers or the like, shall create a warranty; nor shall customer rely on any such information or advice. You acknowledge that this paragraph shall apply to all content, images, and services available through this Website.

Print Orders

Print orders are immediately processed upon receipt and usually takes three to four working days to print. Orders are dispatched within 24 hours of completion. Usually, we expect your print order to be with you within a week of us receiving your order. Please allow up to 21 days. You will receive an email notification as soon as the order is received.

Unfortunately we cannot accept responsibility for delays due caused by postage or the carrier. If after two weeks after the order has been acknowledged you have not received your print please contact us. If the carrier cannot confirm delivery we will re-print and re-dispatch at no cost to the customer.

Payment Methods

Refund policy

In the unlikely event that we are not able to fulfill your order then you will receive a full refund. All prints are carefully checked before dispatch. If there is an error in fulfillment of your order then please contact us and we will correct the error or refund as necessary. We reserve the right to request return of the print before a refund will be issued.

Commercial Photography

1. The photographer means WJP Photographer. The client means means any person, body of persons, firm or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.

2.The copyright of all photographs produced is retained by WJP Photography and it is a criminal offence to make copies from them by any means under the Copyright, Designs and Patents Act 1988.

3. Images are issued to clients on a 'Royalty Free' basis. All images are Royalty-free. You don't have to pay any additional royalties on a use-by-use basis. Once you purchase a royalty-free product, you may use it multiple times for a single project without paying additional fees. (Pornographic, defamatory, libelous or otherwise unlawful use of any image is, of course, prohibited.). This applies to the invoiced company or person only. Any subsidiary, associate or sister company or organisation must purchase their own images. A company or person can not pass on any image to a third party company or person for their own use. Multiple projects must be paid for on a use by use basis.

4. Cancellation Fees / Overruns
If a booking is cancelled by the Client within 24 hours of the starting time, the Photographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within 48 hours of the starting time, the Photographer may charge 50% of his fee. For cancellations/postponements due to weather conditions or other activities, the Photographer reserves the right to charge his full fee and expenses.

In the case of a cancellation the Photographer may charge in full for any expenses incurred prior or during the commission.

In the case of a shoot overrun beyond the control of the Photographer (e.g. including but not limited to the Client requesting additional photographs over and above the Client’s original brief etc), the photographer may make additional charges.

5. Payment Terms
Payment for all products and services provided by the Photographer must be made upon completion of the shoot, except for when the client has been granted credit terms. For clients given credit terms, invoices must be paid within 30 days of invoice date. Interest may be charged at 3% per month above the Bank of England base rate on invoices remaining unpaid after 30 days.

7. Fees and Expenses
All prices quoted to the Client apply only to the original brief given to the Photographer by the Client. The Photographer reserves the right to make additional charges for fees and expenses should the brief change before or during the photo shoot. Wherever possible, the Photographer shall endeavor to provide an indication of what these additional charges will be.

8. Interpretation of brief
The Client shall ensure that there is an authorised representative present at the photo shoot to view the Photographer’s interpretation of the Clients brief. In the event of no Client representation, the Photographer’s interpretation of the brief shall be deemed as correct.

9. Colour Matching
Due to limitations of digital imaging is not possible to guarantee colours will 100% match the original product. However, the Photographer will endeavor to provide the closest possible match

10. Indemnity:
The Client hereby indemnifies and holds Photographer harmless against any and all liabilities, claims, and expenses, including reasonable legal fees, arising from Client's use of the Photographer's work.

11. Reshoots: The Client will be charged 100% fee and expenses for any reshoot required by Client. For any reshoot required because of an act of God or the fault of a third party, the Photographer will charge no additional fee and Client will pay all expenses. If the Photographer charges for special contingency insurance and is paid in full for the shoot, Client will not be charged for any expense covered by insurance. A list of exclusions from such insurance will be provided on request.

12. Liability
The Client agrees that the Photographer’s liability will be limited to the following sums:

Public Liability: Limit of indemnity - £1,000.000.
Professional Indemnity: Limit of indemnity - £75,000.

13. Digital format
For all images/data supplied to the Client in electronic format (including but not limited to electronic mail, CD’s/DVD’s etc), The Photographer will endeavor to ensure that the data sent is not corrupt and is virus-free. The Photographer will not be held responsible for any damage, disruption and/or loss of any kind that the said media may cause to the Clients computer or data. The Client agrees to take similar steps to ensure that data sent to the Photographer is not corrupt and/or virus-free.

14. Miscellany.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the United Kingdom.

15. Terms and Conditions.
The terms and conditions of this contract supercede any and all expressed or implied terms and conditions of client’s purchase order, voucher or check (payment). Any exceptions of terms and conditions must be negotiated and stated herein as amendment(s). Client’s signature constitutes binding contract.

Wedding Photography

1. Exclusive Photographer.
The Photographer shall be the exclusive professional photographer retained by the Client for the purpose of photographing the wedding. Family and friends of the Client are encouraged to photograph the wedding or reception as long as they do not interfere with the Photographer's duties and do not photograph poses arranged by the Photographer.

2. Deposit and Payment.
The Client shall make a deposit to retain the Photographer to perform the services specified herein.

Payment of the balance of the photography fee is to be made not later than the wedding date. Payments for additional photographs are made after the wedding, when they are ordered. Any bank charges or fees incurred due to returned cheques will be charged to the client.

3. Cancellation.
If Client shall cancel the wedding date, the Client forfeits the deposit and no refund of the deposit is possible.

Should the cancelled wedding turn out to be a postponement, then, at the discretion of Concept Photographic and subject to availability, all money may be applied to the new wedding date. In this case the total fees chargeable shall be the fee which applies at the time. All deposits are non refundable. We advise all clients to purchase third party insurance cover, to cover the resulting costs due to cancellation or date change.

4.Weather
Weather permitting, the wedding photographs will be taken as agreed. In the event of adverse weather conditions, the photographers will make necessary changes in the photographic session and will not be responsible for any disappointment caused by the weather. In such circumstances the photographer with the co-operation of the client will do his best to produce coverage of the wedding within the limits of the prevailing conditions

5.Coverage
The photographer cannot be held responsible for the lack of coverage caused by the bride, the groom or wedding party not being on time, or by church, Register office, or licensed place of wedding restrictions regarding photography or anyone connected with the aforementioned. The photographer does not undertake to guarantee any specific picture nor incorporate any specific background, location or group arrangement.

6. Photographic Materials.
All photographic materials, including but not limited to digital images, video, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.

7. Copyright and Reproductions.
The Photographer shall own the copyright in all images and photographic materials created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer's portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, advertising, illustration, editorial use, or for display within or on the outside of the Photographer's studio, including printed materials, media on the World Wide Web, and any current or future digital media. If the Photographer desires to make other uses, the Photographer may do so without or oral written permission of the Client.

8. Client's Usage.
The Client is obtaining prints for personal use only, and shall not sell said prints or authorise any reproductions thereof by parties other than the Photographer. If the Client is obtaining a print for newspaper announcement of the wedding, the Photographer authorises the Client to reproduce the print in this manner. In such event, the Client shall request that the newspaper run a credit for the Photographer adjacent to the photograph, but shall have no liability if the newspaper refuses or omits to do so.

9. Album production.
Unless a Client has pre-ordered a different album, the album supplied will be as per the agreed package (unless by mutual consent). The Client understands that the draft layout PDF sent to The Client for approval, is for guidance only.The Clients understands there my be differences between the draft approved PDF and the final album (caused by physical nature and process of production. Including paper type, ink type, colour blance, cropping, & the difference between RGB monitors and CYMK printing). The Photographer is not liable for any differences resulting from the above mentioned differences. Every attempt will be made to provide the highest quality album possible. In the unlikely instance that an album does not match the expectations of a Client, the Photographer accepts no liability for changes other than those agreed in the approved PDF. Any issues regarding the production of a wedding album should be raised with the Photographer within 28 days of the Client receiving their album. The Photographer shall not be liable for any album changes after this 28 day period. The Photographer is not obliged to provide an album if the client has failed to supply a photographic list, nor approve a design, within six months of a Client's wedding day. The Client understands that every effort is made to supply a wedding album as soon as possible (once the Client has approved a design layout). However, the Photographer is not liable for any delays in the album production (whether the album is produced in-house or by a third-party supplier).

10. Failure to Perform.
If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer's illness, then the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic and digital materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client's order.

11. Photographer.
The Photographer may substitute another photographer to take the photographs only in the event of Photographer's illness. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.

12. Inherent Qualities.
The Client is aware that although the Photographer's computer monitors and printers are colour balanced, the Photographer cannot guarantee that the Client will see digital images in their true colour balance anywhere other than on the Photographer's own colour balanced computer monitors. The Client is aware that the Photographer cannot guarantee that the digital image seen on a computer monitor will be an exact match to any printed material. The Client understands this is due to the inherent difference between the RGB monitor process and the CYMK printed material process. The Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. Client is also aware that the Photographer is not responsible for the quality of reprints made by the client.

13. Photographer's Standard Price List.
The charges in this Agreement are based on the Photographer's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

14. Client's Originals.
If the Client is providing original digital images, prints, negatives, or transparencies owned by the Client to the Photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the Photographer shall not be liable for any monetary amount.

15. Miscellany.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the United Kingdom.

16. Reshoots.
The Client will be charged 100 percent fee and expenses for any required reshoot requested by the client, and be subject to all the terms and conditions of the Assignment Photography Contract (available on request).

17. Terms and Conditions.
The terms and conditions of this contract supercede any and all expressed or implied terms and conditions of client’s purchase order, voucher or check (payment). Any exceptions of terms and conditions must be negotiated and stated herein as amendment(s). Client’s signature constitutes binding contract.

Privacy policy

We collect and use personal information in order to:

? Administer or otherwise carry out our obligations in relation to any agreement or order you have placed with us.
? Anticipate and resolve problems with our service to you.
In order to do the above, we need to collect and process personal information about you (including your name, address, telephone number and email address). We may ask you for this information on our web site when you make an enquiry.

In order to take advantage of some of our services, you may need to supply us with the personal details of a third party (for example, their name and address if you wish to send them some prints). We will not use this information for anything other than providing the service for which the information was supplied. We will not disclose any personally identifiable information without your permission unless we are legally entitled to do so (for example, pursuant to a court order or for the purposes of prevention of crime or fraud). You will be treated as having given your permission for disclosures referred to in this policy.

Non-personal details

Cookies

Security

Links

This site contains links to other sites. We cannot be responsible for the privacy policies and practices of other web sites. We cannot be responsible for the privacy policies and practices of the third party web site from which you linked to our web site.

Arbitration.

All disputes arising under this Agreement shall be arbitrated under UK law. The client shall pay all arbitration and court costs, reasonable legal fees and expenses, and legal interest on any award or judgment in favor of WJP Photography.

Entire Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND WJP PHOTOGRAPHY, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND WJP PHOTOGRAPHY RELATING TO THE SUBJECT OF THIS AGREEMENT. BY BOOKING WARREN JAMES PALMER FOR A PHOTOGRAPHIC ASSIGNMENT YOU ACKNOWLEDGE THAT YOU YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
You agree that by using this site or images, photos or files from this site, that you are bound by this Agreement. This Agreement evidences the complete understanding of the parties (you and WJP Photography) with respect to the subject matter hereof and may not be amended, modified or waived in whole or in part except in a writing signed by the parties. This Agreement shall be subject to and constructed according to English Law.