1.1 Press Gofer Limited (company number 08159659) whose reregistered office is at 1 Tower House, Tower Centre, Hoddesdon, Hertfordshire, EN11 8UR ("us" "we" "our") operates www.pressgofer.com ("Website") which enables users ("you") to search the Website for images stored by brands ("Brands") relevant to your pages and features and enables you to contact Brands' press offices if additional information is required. The operation of the Website by us to provide the functionality as set out in these Terms (defined below) shall, for the purpose of these Terms be referred to as the "Services".
1.2 You agree that you shall be bound by these terms and conditions ("Terms") in relation to your use of the Website and the Services. You agree that your use of any additional service provided by the Brands shall be subject to any general policies, rules, terms or conditions of the Brands.
1.3 Please read these Terms carefully as they contain important information about your rights and responsibilities when using the Website and Services. If you do not agree to, or accept any of these Terms then you should cease using the Website immediately and you shall not be entitled to receive the Services.
Process
1.4 In order to use the Services you will be required to complete certain personal information about yourself ("Personal Details") so that we can open an account on your behalf ("Your Account"). It is your responsibility to ensure that these Personal Details are correct and we may, from time to time, carry out checks to ensure these Personal Details are correct.
1.5 By creating Your Account with us, you agree to be bound by these Terms. Each time you visit the Website a new contract is formed between you and us, which shall be subject to these Terms ("Contract").
1.6 In consideration for us providing the Services you agree to provide Personal Details and to ensure that such Personal Details are correct.
1.7 Once you have created Your Account, you will then be able to use the Services including the ability to search for and download images from the Website.
1.8 Each time you download an image you will be required to complete a simple form confirming your email address, publication, reason for downloading and any message you want to pass on to the Brands.
1.9 Other than to facilitate the request of samples we will have no involvement with any other form of contact between you and the Brands. You agree that any such contact between you and the Brands shall be subject to your general policies, rules, terms and conditions or those of the Brands.
Our Responsibilities
1.10 We shall have no responsibility for any act or omission of the Brands in any way whatsoever.
1.11 If we forward any communication between you and the Brands, we shall not be required to provide any additional assistance in relation to any such communication.
1.12 Whilst we use our reasonable endeavours to ensure that the Website and the Services are always available and the information we provide is accurate and complete we make no warranty in relation to such availability, accuracy or completeness. Your use or reliance on such information is entirely at your own risk.
1.13 We make no warranty that the Services or the equipment that makes the Services available shall be free from any viruses or anything else which may cause harm to your (or anyone else's) computing equipment.
1.14 The Services and the Website are provided on an "as is" basis. Other than as stated in these Terms we make no (and expressly exclude all) conditions, representations or warranties, express or implied, whether by statute, common law or otherwise, to the greatest extent permitted by law.
1.15 We may suspend or terminate the Services for any reason whatsoever and without notice.
1.16 The images and any additional information we hold is collected in good faith. We provide no warranty as to the accuracy of such information and your use or reliance on such information is entirely at your own risk.
1.17 We do not use and are not a party to any additional terms and conditions that you may be asked to sign by the Brands. You should read any such terms and conditions carefully and obtain your own, independent legal advice if you have any comments or questions in relation to them.
Your Responsibilities
1.18 You agree to comply with all the terms and conditions of these Terms.
1.19 You agree that all information you submit when creating Your Account is accurate, complete and not misleading and that you shall inform us of any changes or inaccuracies to such information.
1.20 You agree to promptly provide us with all such information assistance and information as we may reasonably request from time to time.
1.21 You must not do anything or omit to do anything which may damage our reputation.
1.22 Any information we provide to you shall only be used by you as is strictly necessary and you shall at all times comply with all applicable laws, rules and regulations.
1.23 You agree that your use of the Website and the Services does not infringe the rights of any third party.
1.24 You agree that you shall not create a database in electronic or structured manual form by downloading and storing all or any of the Material for any purpose whatsoever.
1.25 You agree that you will only use the Material for editorial purposes unless the prior written consent is first obtained by the Brand.
1.26 You agree that any use of the Material will clearly accredit the ownership of the Material to the Brand.
1.27 You agree that you will not:
1.27.1 Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
1.27.2 Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful or objectionable material or information;
1.27.3 Do anything which is in any way unlawful;
1.27.4 Upload images or files that contain software or other material protected by intellectual property rights unless you own or control such rights;
1.27.5 Make available, distribute or upload any files that contain viruses, bugs corrupted files, trojan horses, worms or any other software or programs that may in any way cause damage or harm;
1.27.6 Delete any other attributions, legal notices or proprietary designations or labels in any file that is uploaded;
1.27.7 Falsify the origin or source of software or other material contained in a file that is uploaded;
1.27.8 Impersonate another person or use a false name or a name you are unauthorised to use or create a false identity or email address or try to mislead others as to the identity or origin of any communications or images; or
1.27.9 Damage, interfere with or disrupt access to the Website or the Services or do anything which may interrupt or impair the Website's functionality.
Intellectual Property
1.28 We, and / or our licensors, own the copyright and all other intellectual property rights in the Material, Website and the Services.
1.29 In consideration of you complying with these Terms, we grant you a non-commercial, non-exclusive, non-transferable, royalty free licence to retrieve, display and view the Material.
1.30 You warrant that you will immediately cease any use of the Material upon request by either us or the Brands.
Termination
1.31 We may terminate the Contract immediately on notice to you at any time and for any reason.
1.32 You may terminate the Contract with us if we have committed a material breach of the Terms and fail to rectify such breach within thirty days of notice form you and provided that in such notice you clearly indicate your intention to terminate the Contract if we fail to rectify the breach.
1.33 Termination of the Contract, howsoever arising, shall not affect or prejudice the accrued rights of the parties as at termination or the continuation of any provision expressly or by implication intended to survive termination.
Our liability to you
1.34 Nothing in these Terms shall limit or exclude our liability to you for death or personal injury where this is caused by our negligence.
1.35 We shall not be liable to you for any loss of profits, loss of time, loss of opportunity, loss of date, damage to reputation, loss of use of money, any consequential or indirect loss, or for any loss which is not reasonably foreseeable to us as a consequence of our breach of these Terms. This exclusion of liability shall apply to all such losses whether they are direct, indirect or consequential losses.
1.36 To the extent that we are liable to you our liability shall be limited to £200.
1.37 For the avoidance of doubt, we make no warranty to and are not in any way responsible for acts or omissions of the Brands.
1.38 All warranties expressed or implied whether by statute, common law or otherwise are excluded to the fullest extent permitted by law.
Your liability to us
1.39 You agree to indemnify us against all expenses, losses, liabilities, damages, costs incurred or suffered by us in relation to any claims or proceedings, which arise in any way from:
1.39.1 Your use of the Website, Services or Materials:
1.39.2 Any breach by you of these Terms; or
1.39.3 Any use of the Website or Service by anyone using Your Account.
Personal Details
1.40 In order to provide the Services it is necessary for us to transfer some or all of your Personal Details to the Brands. You hereby consent to the transfer by us of your Personal Details from time to time as deemed appropriate by us.
General
1.41 We shall not be in breach of our responsibilities under these Terms nor liable for any delay in performing, or failure to perform any of our responsibilities under these Terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
1.42 We shall be entitled to change these Terms at any time in our sole discretion by providing an updated copy of these Terms on the Website. For the avoidance of doubt, any update to these Terms shall apply to the Contract with immediate effect upon the date they are uploaded to the Website.
1.43 We may serve notice upon you by any of the following means:
1.43.1 In writing;
1.43.2 By email; or
1.43.3 Via a general notice on the Website.
1.44 We may transfer our rights and responsibilities under these Terms to a third party. You are not entitled to assign or transfer your rights or responsibilities under these Terms to a third party unless we consent in writing.
1.45 The Contract is between you and us. No other person shall have any rights to enforce any of its terms and for the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.
1.46 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of the Terms are unlawful, the remaining terms will remain in full force and effect.
1.47 These Terms constitute the entire agreement between us in relation to your use of the Website and the Services.
1.48 If we fail to insist you perform any of your responsibilities under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these Terms.
1.49 These Terms shall be governed by English Law and English courts will have exclusive jurisdiction in relation to any dispute arising out of these Terms.
Members-only Benefits
Download photos 24/7
Request product samples for review or photo shoots