Last updated: August 15, 2023
Welcome to PiratcesWCap. These Terms and Conditions ("Terms") govern your use of the PiratcesWCap website (the "Site"), located at piratceswcap.com, and the services we offer, including the purchase of photographs and related products (collectively, the "Services").
By accessing or using the Site or Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access the Site or use our Services.
Please read these Terms carefully before using our Services. If you have any questions about these Terms, please contact us at legal@piratceswcap.com.
By creating an account, browsing the Site, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein.
If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms will refer to both you and that entity.
We reserve the right to change or modify these Terms at any time. If we make changes, we will provide notice by updating the "Last Updated" date at the top of these Terms. Your continued use of the Site or Services after such changes indicates your acceptance of the updated Terms.
To access certain features of the Site or use our Services, you may need to register for an account. When you register, you agree to:
We reserve the right to disable any user account if we believe you have violated these Terms or if we determine, in our sole discretion, that your account poses a security risk.
When using our Site and Services, you agree to:
We reserve the right to terminate or suspend your access to the Site and Services immediately, without prior notice, if we believe you have violated these Terms.
We strive to display our products and their features accurately on the Site. However, the actual colors, dimensions, and details you see will depend on your monitor, and we cannot guarantee that your display will accurately portray the actual appearance of the products.
All prices displayed on the Site are in US dollars unless otherwise specified. We reserve the right to change prices at any time without notice. We do not guarantee the availability of any product shown on the Site, and availability may change without notice.
When you place an order, you offer to purchase the products at the prices indicated. We reserve the right to accept or decline your order for any reason, including product unavailability, errors in pricing or product information, or problems with your payment method.
By providing payment information, you represent and warrant that you have the legal right to use the payment method you provide, and you authorize us to charge your payment method for the total amount of your order, including taxes and shipping fees.
Shipping times are estimates only and are not guaranteed. We are not responsible for delays in delivery once the products have been handed over to the shipping carrier.
You are responsible for ensuring that the shipping address you provide is accurate and complete. We are not responsible for products that are lost or damaged due to an incorrect shipping address.
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by PiratcesWCap, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The photographs available for purchase on the Site are owned by the respective photographers or their licensors. When you purchase a photograph, you are purchasing a print or digital copy of the photograph, not the copyright or other intellectual property rights to the photograph.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site and Services for your personal, non-commercial use.
When you purchase a photograph, you receive the following rights:
You may not:
Additional usage rights may be available for purchase. Please contact us for more information about commercial licenses or extended usage rights.
To the maximum extent permitted by law, in no event shall PiratcesWCap, 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:
Our total liability to you for all claims arising from or related to these Terms or your use of the Site or Services shall not exceed the amount paid by you to PiratcesWCap during the six (6) months preceding the event giving rise to the liability.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
The Site and Services are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that:
The quality of any products, services, information, or other material purchased or obtained through the Site is solely your responsibility.
You agree to defend, indemnify, and hold harmless PiratcesWCap, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We may terminate or suspend your account and access to the Site and Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
Upon termination, your right to use the Site and Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site and Services, or you may contact us to request account deletion.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site or Services shall be instituted exclusively in the courts of the United Kingdom, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or your use of the Site or Services, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
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.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PiratcesWCap. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site or Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site or Services.
These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Site, constitute the entire agreement between you and PiratcesWCap concerning the Site and Services.
If you have any questions or concerns about these Terms, please contact us at:
PiratcesWCap
Studio 77q Collins Mews
Lake Jennifertown TF4 2NU
United Kingdom
Email: legal@piratceswcap.com
Phone: +44 600 004 1532
