Our Website Terms & Conditions

  1. ROGAN COLES [and his trading entity, ARGENT PHOTOS] henceforth “Rogan”, “Argent”, “we”, “us”, “our” is the owner of the Rogan Coles Image Archive website – henceforth the “SITE”.
  2. You, the USER – As a visitor and User of this Site, you will be henceforth referred to as “you”, “your”, “USER”, “USERS”.
  3. TERMS and CONDITIONS – In accessing this website and signing up for any of the services offered here, you are subject to these Terms and Conditions – henceforth the “TERMS”.
  4. PRIVACY – Our use of any Personal Information you provide is governed by our Privacy Policy.
  5. CONTENTContent refers to whatever you post or contribute on this Site. Included are posts, comments, remarks, reviews, images, illustrations, personal information and other material not specifically found or generated by this Site and/or its owners.
    1. WEBSITE REGISTRATION:
      1. In order to engage with some of the services of this SITE, all Users are required to register by creating an account;
      2. In doing so, the USER needs to create a suitable user name [or “alias”] and password – henceforth referred to as your USER ID;
      3. To set up an account we will also need your real name and a real e-mail address. These, of course, will remain private;
      4. While your password is changeable, your USER NAME [or “alias”] is not. The main reason is that your USER NAME is associated with the e-mail address used to set up that account. To change your USER NAME may mean having to set up a new account and creating a new USER ID.
    2. ACCOUNT MISUSE: – You shall not:
      1. Select, use or setting up a USER ID with the intent to impersonate another person;
      2. Use another User’s USER ID without appropriate authorisation;
      3. Select or set up a USER ID name that is offensive, vulgar or obscene;
      4. Select or set up a USER ID name that is “stuffed” with keywords;
    3. ACCOUNT MANAGEMENT:
      1. We reserve the right to refuse the registration of, or cancel a USER ID if it is in breach of our TERMS;
      2. You, as the USER, are responsible for all activity that occurs on your account. You will immediately notify us of any unauthorised use of your account, or any other account related security breach of which you may be aware;
      3. Failure to provide accurate, complete, and truthful information shall constitute a breach of our TERMS.
    4. USER WARRANTS:  You, the USER, represent and warrant, and can demonstrate to our full satisfaction upon request, that:
      1. You are of legal majority [however this maybe defined in your legal jurisdiction] and/or a legal entity capable of being party to binding contracts;
      2. You own or otherwise control all rights to any Content; or,
      3. You have full authority to act on behalf of any and all owners of any right, title or interest in and to any Content you upload to our SITE;
      4. The Exploitation of your Content on this SITE will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights or any other intellectual property or proprietary rights;
      5. No fees of any kind shall be due any third party for the use and/or re-use of your Content as outlined under these TERMS;
      6. You are solely responsible for the authenticity, veracity, description, identity, condition, nature and quality of the Content so provided;
      7. You are responsible for indemnifying and holding us harmless from and against all and any claims arising from the exploitation of your Content on this SITE, including all court costs and legal fees.
      8. You acknowledge that all Content accessed by you using our services is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting there from.
      9. You also warrant that you have read and understand these TERMS and those set out in our PRIVACY POLICY.
    5. PROHIBITED CONDUCT: You, the USER, warrants and agrees that, while using this SITE and the various services and features offered on or through this SITE, the you shall not (and shall not permit any third party) to:
      1. perform any action nor upload, download, post, submit or otherwise distribute or facilitate the distribution of any Content – that is not the USER’s own – from this SITE or relaying or causing to relay such Content or Data through this SITE.
      2. Impersonate any person or entity, whether actual or fictitious, or misrepresent affiliation with any other person, party or entity.
      3. Insert their own or a third party’s advertising, branding or other promotional content into any of this SITE’s Content or, seeks to use, redistribute, republish or exploit such Content or services for any commercial or promotional purposes without our expressed permission and this in writing.
      4. Engage in “spidering”, “screen scraping”, “database scraping”, the “harvesting” of catalogue information, e-mail addresses, IP addresses or other contact or personal information, or any other automatic means of obtaining lists of data, intellectual property, USER or other information from or through this SITE.
      5. Obtain or attempt to obtain unauthorised access to our servers or other computer systems, Content and/or information through any nefarious exploits or unlawful means.
      6. Use this SITE or any of the services made available on or through this SITE in any manner with the intent to interrupt, damage, disable, overburden, or impair this SITE, any of our services, our servers or other such services, including sending mass unsolicited messages or “flooding” servers with requests.
      7. perform actions or acts deemed unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence or, otherwise inappropriate as this determined by us at our sole discretion.
      8. Use this SITE in violation of our or any third party’s intellectual property or other proprietary or legal rights; or
      9. Use the SITE in violation of any applicable law.
    6. ADDITIONALLY:
      1. You, the USER, further agrees not to attempt (or to encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or to make any unauthorized use thereof.
      2. You, the USER, must not use this SITE in any manner that could damage, disable, overburden, or impair this SITE or interfere with any other party’s use and enjoyment of this SITE, nor obtain, use or access, or attempt to obtain, use or access, any Content or information through any means not intentionally made publicly available or provided for through this SITE.
    7. APPLICATION:
      1. Compliance with these TERMS is applicable to the access and use of all services on this SITE by any person including you, the USER.
      2. By using this SITE, every USER accepts and agrees to be bound by these TERMS.
      3. From time to time, we may update these TERMS at our absolute discretion. Unless stated otherwise by us in writing, such updates shall come into effect as soon as they are published on this SITE or otherwise, by notifying all our USERS in person by e-mail, via blog posts or other means.
      4. The TERMS and the general CONDITIONS of business posted here form a single legal agreement. To the extent that the TERMS are inconsistent with the general CONDITIONS, the TERMS will prevail.
    8. INTELLECTUAL PROPERTY:
      1. Intellectual Property shall mean all “copyright”, “patents”, “inventions”, “trade secrets”, “know-how”, “product formulations”, “designs”, “circuit layouts”, “databases”, “registered” or “unregistered trademarks”, “brand names”, “business names”, “domain names” and other forms of intellectual property.
      2. Proprietary Information. This Site may use and incorporate software and other proprietary systems and Intellectual Property for which we have the appropriate authority to use. You, the USER, agrees that such Intellectual Property is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. You warrant that you shall not infringe on any Intellectual Property or other third-party rights through your use of this SITE.
    9. THIS SITE:  You, the USER, agrees and accepts that this SITE (including any source code, ideas, enhancements, feature requests, suggestions or other information provided by the USER or any other party with respect to accessing and using this Platform) is the Intellectual Property of Rogan Coles and you further warrant that by using this SITE, will will not:
      1. Copy this SITE or the services provided for the USER’s own commercial purposes; and
      2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms and content contained on this SITE or any documentation associated with it.
    10. TRADEMARKS:  Rogan Coles and, by extension, ARGENT PHOTOS, has the moral & registered rights to all its trademarks and the USER shall not copy, alter, use or otherwise deal in these trademarks without the prior, written consent from Rogan Coles.

 

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