Please read these Terms and Conditions carefully as they constitute a binding legal agreement between you and 3XM.
1.1 As outlined above, this Site is owned and operated by Photovalue Limited trading as 3XM Solution. Our registered office is 13 Crag Crescent, Clondalkin Industrial Estate, Dublin 22, Ireland
1.2 All rights in this Site are owned by Photovalue Limited trading as 3XM Solution. Any unauthorised use, copying or modification is prohibited.
3. Changes to the Terms and Conditions
4. Scope of our service
4.2 In order to become a Registered Photographer you must provide certain information about yourself to 3XM. The information you provide must be accurate and truthful and cannot be deemed to be in any way misrepresentative of yourself or any services that you provide. The information you provide to the Site will be displayed on the Registered Photographer Profile.
4.3 A Registered Photographer may upload photographs to the Registered Photographer Profile and provide access to these photographs to their Photo Clients.
4.5 Registered Photographers that upload information onto the Site do so entirely at their own risk and 3XM accepts no responsibility or liability for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with the display of information on the Site and/or any failure in the security of the Site.
5.1 This Site is not directed at persons under the age of 13 and therefore person under the age of 13 are not permitted to view this Site.
5.2 You must be aged 18 years of age or over to register with this Site and post and/or upload any material to this Site. If you are aged 13 years of age but under the age of 18 you must obtain the consent of a parent or legal guardian before posting and/or uploading any material to this Site. Any person who registers as a user of the Site represents that they are 18 years of age or older or that they are 13 years or over and have obtained the consent of a parent or legal guardian.Any person who registered as a Registered Photographer with the Site represents that they are 18 years of age or older. 3XM cannot and is not required to verify the age of users of this Site. 3XM hereby notifies you that by posting and/or uploading any material on this Site you hereby undertake that you are over the age of 18 or that you are 13 years or over and have obtained the consent of a parent or legal guardian each time you post and/or upload any material.
5.3 If you are using this Site as a representative of a company or otherentity, you represent that you have the authority to enter into these Terms and Conditions on behalf of that company or entity, and agree that the terms "you" and "your" in this agreement refers to your company or other entity.
6.1 As outlined at 4 above, in order to become a Registered Photographer, you must register with the Site. When you register to become a Registered Photographer you will be provided with a personal login area where you may upload photographs and other material to the Registered Photographer Profile. In creating your account you warrant that:
6.2 By applying to register as a Registered Photographer you will be asked to choose a username and password and tick a box indicating your acceptance of these Terms and Conditions. Please use a strong password i.e. a password which is made up of a number of numbers, upper and lower case letter and symbols. Please do not use e.g. your name or date of birth as your password.Please note once you enter your username and password and indicate your acceptance of the Terms and Conditions, a request for registration will then be sent to 3XM who will then decide, at its absolute sole discretion, whether to accept you as a Registered Photographer or not.
6.3 3XM reserves the right to request documentary evidence that you are or are a representative of the photographer that is seeking registration on the Site.
6.4 If 3XM does accept you as a Registered Photographer, you will receive an email notifying you of that to the email address you have provided in the registration details.
6.5 Please note that you are responsible for all activities occurring under the username you have chosen. You agree that by registering as a Registered Photographer on the Site that you will keep all of your passwords confidential.
6.6 By registering as a Registered Photographer on the Site, you agree that
6.7 You agree to notify us immediately if you become aware of any unauthorised use of your account or access to your password.
6.8 We reserve the rights to change usernames at our discretion. We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.
6.9 We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.
6.10 You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account if you have not taken reasonable steps to keep your password or account secure.
6.11 If, for whatever reason, we believe that you have not complied with these Terms and Conditions, we may, at our at our absolute discretion, delete material posted and/or uploaded by you, remove or alter your Registered Photographer Profile or suspend/terminate your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this.
6.12 These Terms and Conditions, including, in particular, the indemnities contained herein, shall survive any suspension or termination of your account.
7. Your Use of the Site
7.1 Registered Photographers are only permitted to use the Registered Photographer Profile as a platform to provide their Photo Clients with access to photographs and to sell to Photo Clients products which have been authorised by 3XM.
7.2. 3XM reserves the right to contact you directly to verify the accuracy and ownership of any material posted and/or uploaded on the Site.
7.4 3XM may in its absolute discretion block certain photographers from registering on the Site.
7.5 Registered Photographers are expressly prohibited from selling products not authorised by 3XM on the Registered Photographer Profile or via the Site;
7.6 Registered Photographers are expressly prohibited from using and agree not to use any personal data collected via the Site for any reason whatsoever without obtaining the express permission from the owner of such information.
7.12 3XM hereby grants Registered Photographers a limited, non–exclusive and revocable licence to provide links to their Registered Photographer Profile to their Photo Clients for the purposes of interacting with the Registered Photographers' photos and/or for the purpose of purchasing authorised products directly from the Registered Photographer and all other activities incidental to the aforementioned.
7.13 You agree not to modify, adapt, translate, or reverse engineer any portion of the Site, nor to use any robot, spider, or other device to screenscrape any portion of the Site or any material from the Site, except as expressly authorised in writing by us.
8.1 3XM has a number of accounts which a Registered Photographer can sign up to.
8.2 Under the FREE100 Account, the Registered Photographer can upload up to 100 images to the Registered Photographer Profile for free.
8.3 In order to upgrade to a PRO100 account, a Registered Photographer must pay a fee of €4 Euro or $5 US Dollars or £4 Pounds Sterling. A PRO100 account permits the Registered Photographer to upload up to 100 images to their Registered Photographer Profile and to avail of such other features (which may listed on the Site from time to time) which are only available to holders of Pro accounts.
8.4 In order to upgrade to a PRO250 account a Registered Photographer must pay a fee of €6 Euro or $8 US Dollars or £5 Pounds Sterling. A PRO250 account permits the Registered Photographer to upload more than 100 images but less than 250 images to their Registered Photographer Profile.
8.5 In order to upgrade to a PRO1000 account a Registered Photographer must pay a fee of €12 Euro or $16 US Dollars or £10 Pounds Sterling. A PRO1000 account permits the Registered Photographer to upload more than 250 images but less than 1,000 to their Registered Photographer Profile.
8.6 Any Registered Photographer wishing to upgrade their account in order to upload more than 1000 photos should contact 3XM for further details.
8.7 A Registered Photographer must purchase and/or upgrade their accounts prior to uploading more photographs than the number designated within their relevant account status.
9. Material Posted On and/or Uploaded to the Site
9.1 Please note that you are liable for the contents of any material you post on and/or upload to the Site. 3XM and/or its owners have no responsibility for or liability arising out of or in connection with any material posted on and/or uploaded to the Site by any user of the Site including you or any Registered Photographer or any Photo Client. Any views or comments expressed in the user posts or any Registered Photographer Profiles are not necessarily the views of 3XM, its owners or any entity associated with it. We strongly advise that you read these Terms and Conditions before posting and/or uploading any material on the Site. You will be deemed to consent to these Terms and Conditions if you choose to post and/or upload any content on the Site.
9.2 The material you post on and/or upload to this Registered Photographer Profile will be capable of being viewed by other users of the Site.
9.3 3XM is not responsible for and does not endorse the contents of Registered Photographers and/or user's posts and/or uploaded information or warrant the accuracy, completeness, truthfulness, legality or reliability of Registered Photographer's post and/or user's posts and/or uploaded material. You are entirely responsible for material which you post and/or upload. You agree to fully indemnify 3XM, its investors, owners, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, against any loss, damage, costs (including legal costs) claims, liabilities or expenses which such persons may suffer or incur arising directly or indirectly in consequence of your posting and/or uploading any material on the Site. For the avoidance of doubt, the indemnity you give to 3XM is effective in respect of any and all legal proceedings including any and all possible causes of action that may result from any breach of these Terms and Condition and/or applicable law.
9.4 We expect you to act responsibly in posting material and uploading information/material. You agree, through use of this service, not to post and/or upload any material which:
9.5 Due to the real-time nature of the Site, 3XM cannot and is not required to review the contents of posted and/or uploaded material, nor does it confirm the validity of information submitted.
9.6 You acknowledge, agree and understand that by using the Site you may be exposed to material that is inaccurate, untruthful, unreliable, offensive, harmful or otherwise inappropriate. 3XM hereby notifies you that it does not actively monitor Registered Photographer's and/or users' posts and/or uploads and, as such, is not responsible for and gives no warranty or representation in relation to Registered Photographer's and/or users' posts and/or uploads. You acknowledge that 3XM has no obligation to pre-screen, monitor, review or edit any material posted and/or uploaded by you, Registered Photographers or other users on the Site. Users are encouraged to bring any material they deem offensive or objectionable to the attention of the team by clicking on the "report post" link beside the relevant post and identifying the specific material that they consider is objectionable. You will be asked to give your reasons for wanting the material removed. 3XM has no responsibility for or liability for any loss or damage to the Registered Photographer and/or Photo Clients and/or users arising out of any material uploaded to or posted on the Site and in particular has no liability for any loss or damage to the reputation of the Registered Photographer arising out of comments placed on the Site about the Registered Photographer.
9.7 If you believe that any content on the Site contains a defamatory statement, please notify us immediately by clicking on the "report post" link beside the relevant post and identifying the specific material that you consider defamatory and providing sufficient information to permit us to contact the complaining party and also by sending an email to us firstname.lastname@example.org identifying the specific material that you consider defamatory and providing sufficient information to permit us to contact the complaining party. Please note that this email address is only monitored during the office hours of 3XM which are from 9am to 5pm GMT from Monday to Friday (excluding any bank holidays or national holidays). Any emails received outside these times will not be dealt with until the office re-opens. 3XM operates on a "notice and takedown" basis. Once this notification has been received and reviewed by 3XM, 3XM will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
9.8 Whilst 3XM does not monitor comments and/or uploaded information/material, we reserve the right to remove, refuse to publish, edit, cut and/or crop any material posted and/or uploaded on the Site that comes to our attention via a complaint or otherwise. Users and/or Registered Photographers who repeatedly flout these Terms and Conditions will be barred from posting material on the Site and their accounts will be de-activated and they will be banned from registering again in the future with theSite.
9.9 3XM reserves the right to immediately ban a user if there has been a serious breach of these Terms and Conditions. All decisions in relation to these matters are carried out at the sole discretion of 3XM.
9.10 3XM assumes no responsibility for the deletion or the failure to store comments or other information/material posted and/or uploaded on the Site by you or Registered Photographers or other users of the Site.
9.11 3XM reserves the right to reveal your identity (or whatever information it knows about you) in the event of a complaint or legal action arising from any material posted and/or uploaded by you on the Site.
9.12 By posting and/or uploading any material on the Site, you grant 3XM a licence to use, modify, publicly perform, publicly display, reproduce, and distribute such material. The licence you grant to us is non-exclusive, royalty free and fully paid, sub-licensable and worldwide. You also waive to the fullest extent permissible by law any moral rights in such material. You are responsible for making sure that you have all rights to what you post, including the rights necessary for you to grant the licence above.
9.13 By posting and/or uploading any material on the Site you represent and warrant that: (i) you own the material posted by you or otherwise have the right to grant the licence above, and (ii) the posting of the material does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, or any other monies owing to any person by reason of any material posted by you.
9.14 Material posted on the Site may contain links to websites operated by third parties. 3XM does not exercise any control or supervision over the content of these linked sites. You acknowledge and agree that 3XM is not responsible or liable for the content, availability or accuracy of or for the opinions expressed in these third party websites and these websites are not investigated, monitored or checked for accuracy or completeness by 3XM.
10. Intellectual Property
10.1 All intellectual property rights in the website design, text, graphics, the selection and arrangement of the Site and all software related thereto vests in 3XM unless otherwise indicated. 3XM reserves all of its rights.
10.2 You acknowledge that unless otherwise indicated, 3XM is the sole owner of all content on the 3XM Site including, without limitation, all trade marks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing off and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world and all copyright, trade marks and other intellectual property rights. Without prejudice to the generality of the foregoing, 3XM does not claim to hold any intellectual property rights including any copyright (other than the licence granted in Clause 9.12 above) to any material uploaded by the Registered Photographer to the Registered Photographer Profile.
10.3 You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the material at the Site without our written permission.
10.4 We respect the intellectual property rights of others. If you believe that any material published in the Site infringes any intellectual property rights, please report it by clicking on the "report post" link beside the relevant post and identifying the specific material that you consider infringing and providing sufficient information to permit us to contact the complaining party and also by sending an email to us email@example.com identifying the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party.
11. Ordering Goods
11. 1 Please note that all orders placed through any Registered Photographer Profile are directly with the relevant Registered Photographer and the purchase of these products will at all times be bound directly by the relevant Registered Photographer's terms and conditions. 3XM has no liability whatsoever for any loss or damage arising out of the purchase of products on the Registered Photographer Profile.
12. Disclaimer and Waiver
12.1 We give no warranties of any kind concerning the Site or its content or any products purchased via the Site.
12.2 We do not give any warranty or make any representation as to the accuracy or completeness of the information contained on the Site. We therefore disclaim all liability and responsibility arising from any reliance placed on such material by any user, or by anyone who may be informed of any of its contents.
12.3 We do not warrant that the Site or any of its contents is virus free.You must take your own precautions against such viruses as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
12.4 You have read these disclaimers and agree to them on the basis that you agree it is reasonable.
13.1 Under no circumstances shall 3XM be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in electricity or other utility supply.
13.2 Under no conditions and in no event shall 3XM be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms and Conditions or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention.
13.3 You acknowledge that your use of the Site including any material downloaded or otherwise obtained through the Site is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against 3XM, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, for any loss, damage, costs or injury arising from such use.
13.4 The Registered Photographers are not agents and/or employees of 3XM. 3XM or its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Registered Photographers.
14.1 You agree to indemnify, defend (at the request of 3XM) and hold harmless 3XM, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any claim, demand, loss, damage, cost or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:
15.Information Society Service Provider / Intermediary Service Provider
15.1 You agree and acknowledge that 3XM is an information society service provider and intermediary service provider, within the meaning of Directive 2000/31/EC as transposed into Irish law by the European Communities (Directive 2000/31/EC) Regulations 2003 (SI 68 of 2003), and that where it stores information provided by a recipient of the service it is not liable for such information nor is it under an obligation to monitor such information.
16. Entire Agreement / No Waiver
16.2 Any amendment to or waiver of these Terms and Conditions by you must be in writing and signed by our authorised representatives. Failure by us to enforce any provision of these Terms and Conditions shall not amount to a waiver of such provision.
17.1 If any provision of these Terms and Conditions is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.
18. Governing Law
18.1 These Terms and Conditions shall be construed in accordance with Irish law and you agree to submit to the non exclusive jurisdiction of the Irish courts in all matters regarding these Terms and Conditions and your use of the Site.
19. Availability of Service
19.1 3XM may at our sole discretion and at any time discontinue temporarily or permanently the Site or any part thereof with or without notice.
19.2 You agree that any termination of access to the Site under any provision of these Terms and Conditions may be effected without notice and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site.
19.3 The Site may be temporarily unavailable from time to time for maintenance or other reasons. We accept no responsibility for any error, omission, interruption, deletion, defect, delay in transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of user communications.
19.4 Where possible, we will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to the Site. However you agree that we shall not be liable to you or any third party for any inability to access the Site, termination or suspension of access to the Site or modification of the service provided.
20. Additional Conditions Relating to the Sale of Present Products from The Site to You.
This section deals with conditions relating to the sale of present products by the site to you as a photographer.
20.1 Our contract for supply of products. When you place an order to purchase a product from the site, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product, which is accepted by us when we've dispatched that product to you. That acceptance will be complete at the time we dispatch the order to you. Any products on the same order which we have not dispatched do not form part of that contract.
20.2 Returns. We want you to be 100% satisfied with any purchase order placed with us. Therefore if you wish to return an item for whatever reason you may contact us by email at firstname.lastname@example.org within seven days of your purchase, stating the reason for return.
Goods can be returned for a full refund if they are faulty or if the wrong item has been dispatched
If the goods have been dispatched as ordered, they can be returned for a refund, but only for the cost of the goods if they have incurred a delivery charge. All returns must be organised within 21 days of receiving your order. Items must be unused and still have their original packaging and labelling attached. Nothing in these conditions affects your statutory rights as a consumer. The card used for the purchase will be credited with the original purchase amount (less any delivery charge paid where appropriate.)
20.3 Pricing and availability. We do not list availability information for products sold by us on the website. We will however contact you upon receipt of your order if any of the products on the order are unavailable or out of stock.
Despite our efforts, a small number of the hundreds of products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
All prices are exclusive of VAT unless stated otherwise
20.4 Customs When ordering goods from 3XM for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering product from 3XM, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
20.5 Children. The site does not sell products for purchase by children. If you are under 18, you may use the site only with the involvement of a parent or guardian.
20.6 Electronic communications. When you visit the site or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
20.7 Losses. The site will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when the contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of goods by us to you was formed. The site does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.