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Shop Terms & Conditions

The Lost Years Project

Hi, I’m glad you have stopped by to take a look at things here.

To help make this easy for you, let’s start here.

  1. First off, I own the COPYRIGHT to all my work and all the content you may find here on this website. This COPYRIGHT is never sold.
  2. Secondly, when buying anything from our shop – be it a fine art photographic print, an eBook or a digital download – you are buying a product. In buying this product, you are buying “access” to my images and this on a “personal use” basis. You don’t ever get to OWN any of these images. As a USER, you are granted a limited, non-exclusive, non-transferable perpetual personal use license to use this Content solely for your personal, non-commercial use.

  3. Finally, COPYRIGHT is a bit like buying or renting an apartment. While you have personal use of that apartment, you don’t own the building – usually. It’s kind of like that with my pictures. Hopefully, that was the easy part? The heavy part follows.

DEFINITIONS:

  1. ROGAN COLES – [and his trading entity, ARGENT PHOTOS] henceforth “Rogan”, “Argent”, “Content Provider”, “we”, “us”, “our” is the owner of “The Lost Years Project” website – henceforth referred to as the “Site”.
  2. USERS and VISITORS: As a visitor and/or USER of this “Site”, you will be henceforth referred to as “you”, “your”, “USER”, “Users”, “Buyer”, “Buyers”.
  3. THE LOST YEARS PROJECT SHOP: The “The Lost Years Project Shop “ is our on-line web store, henceforth referred to as the “STORE”.
  4. TERMS AND CONDITIONS: The Terms and Conditions for our STORE are henceforth referred to as the “TERMS”.
  5. CONTENT: The term CONTENT refers to all text, pages, layouts and other graphic content found on our STORE as well as your interaction with our STORE in the form of comments, posts and reviews. These items are henceforth referred to as Content.
  6. MEDIA: The term “MEDIA” is a “sub-set” of the term CONTENT. The term MEDIA, as used through out this document, is used in widest possible sense and refers to images – digital and otherwise, a picture, a print, a photograph, a drawing or some form of graphical representation – digital and otherwise, video, a sound recording, portable documents in whatever format, eBooks in whatever format, software and other downloadable materials. These items will be henceforth referred to as “MEDIA”.
  7. GOODS: The term used in this context refers to purchases, products sold via our STORE including prints, images, text and/or copy made ready for sale – put basically, anything that can bought from our STORE – excluding personal data of course.
  8. eBook: The term eBook means an “electronic book”. An eBook is packaged in a downloadable format and is intended to be read using a portable eBook reader or other computer related device.
  9. PDF eBook: A PDF eBook is much the same as an eBook – in the sense that it is packaged in a downloadable format. The difference is that the PDF book is the downloaded on to your computer or cellphone. The PDF book can either be viewed on your preferred device or printed out as a tangible hard copy.
  10. DIGITAL DOWNLOAD: A digital download refers to the process of downloading some form of digital media or content via the Internet – as in “copying” a file from my web server to your computer.
  11. LICENCED USE: An image – like any of the other content on this site – is NEVER SOLD, it is “licenced” for a specific use. “Licenced Use” refers you, the “Buyer” buying a licence to use some form of media or content for a specific use. Yes, you get the downloaded media or content when buying the “licence” but, it is the licence you are paying for together with the use of that MEDIA. The purchase of a licence does not infer “ownership” of the image or the copyright.
  12. PAYMENT GATEWAYS: A Payment Gateway is the generic name for the payment processor that our STORE uses to process payments. At present, we use STRIPE and Paypal Inc. to perform these payment services.
  13. WARRANTS:
    • ACCESS – You, as a visitor our STORE and possibly as a signed up USER are, on entering our STORE, subject to our STORE’s “Terms and Conditions”. You warrant that you have read and understand these Terms as well as the terms of our Privacy Policy.
    • PRIVACY – Our use of any Personal Information you provide is governed by our Privacy Policy. You acknowledge and agree that you are solely responsible for the veracity of that personal information.

The Lost Years Project:

    • Photo Archive Store – Our Store has been built using the Woocommerce plugin. Beyond the basics, we have, as yet, added nothing fancy to the plugin.
    • Payment Methods – For the time being we are using the Stripe as our preferred payment gateway and payment processor. You can also pay via PayPal and by direct debit – bank to bank as it were. Other payment methods can be arranged on request.
    • Payment:
      1. All payments shall be made in U.S. dollars.
      2. The Buyer shall bear responsibility for all charges and conversion costs incurred in make full payment in U.S. dollars regardless of the Buyer’s home currency or payment method.
      3. Some payment methods may incur bank charges. Please be aware of what banks may charge for such transactions. The User is responsible for all bank charges incurred.
    • Payment Information:
      1. When you provide your payment information to us or to one of our payment processors, you represent to us that you are the authorised user of any card, the PIN, key or account associated with that payment.
      2. In making your purchase, you authorise us to charge your credit card or to process your payment with the chosen third-party payment processor for any purchase or other fees incurred by you.
      3. We may also require you to provide us with your contact address or other applicable personal information in order for us to meet our obligations under applicable tax laws.
    • Changes to Billing Information – If you have made any recurring purchases, you agree to notify us promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify us promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.
    • Receipts – Users will receive an electronic confirmation upon payment as a receipt.
    • No Refunds – Goods purchased from this Website are sold as is and in good faith. We don’t offer trails or previews of our products other than what can be seen or found on this website. You are entitled to express dissatisfaction with your purchase and, where we can, we will take any necessary reasonable remedial action. But, there are no refunds once a purchase has been made.

    • DOWNLOAD LICENCES:

    1. Personal Licence:

      • As the “Content Provider” and upon receipt of full payment, I grant you, the “Buyer”, a “limited, non-exclusive, non-transferable perpetual personal-use licence” to download and copy the accompanying image(s) or video(s) (collectively referred to as “Media”) subject to the following terms and restrictions:
        1. This licence is for PERSONAL USE ONLY. “Personal Use” means the “non-commercial use of the Media for display on personal websites and computers or, the making prints or video copies for personal use”.
        2. The Media may not be used in any way whatsoever in which you charge money, collect fees or receive any form of payment.
        3. The Media may not be used in any form of advertising, marketing or for any sort publicity or promotional campaigns.
      • The Media may not be resold, relicensed, or sub-licenced in any form whatsoever.
      • Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with the Content Provider.
      • There are no warranties, expressed or implied. The Media are provided ‘as is’.
      • As the “Content Provider”, I will NOT be held liable for any third party claims – incidental, consequential and/or otherwise – for any damages arising out of this license or Buyer’s use of the Media.

    1. COMMERCIAL USE LICENCE:

      • As the “Content Provider” and upon receipt of full payment, I grant you, the “Buyer” a “limited, non-exclusive, non-transferable and revocable worldwide licence” to use the accompanying image(s) or video(s) (collectively referred to as “Media”) for the permitted commercial purposes, subject to the following conditions:
        • What you can do – the media maybe used for:
          1. advertising, promotion, brochures, packaging (subject to the provision of model releases where necessary),
          2. as part of a commercial website for promotional purposes (maximum 800 x 600 pixels) use,
          3. posters, flyers, tear sheets for promotional purposes (not for resale),
          4. posters, or other commercial display of Media,
          5. editorial use in magazines, books, newspapers, other printed publications,
          6. video, broadcast, theatrical.
        • What you may not do:
          1. Buyer may not resell, relicense, redistribute and downloaded media without the expressed written permission from “Content Provider”.
          2. Making and then using a derivative work derived from the Media and reselling or redistributing such a derivative work is prohibited.
          3. Media may not be used in a pornographic, obscene, illegal, immoral, libellous or defamatory manner.
          4. Media may not be incorporated into trademarks, logos and/or service marks of any description.
          5. Media may not be made available for download from your or any other third party’s website, web server or cloud based storage or any related storage and/or distribution service.
      • As the Content Provider, I retain all rights – licence, copyright, title and ownership – pertaining to the Media.
      • No warranty, expressed or implied, comes with the digital media as per the licence you purchased.
      • As the Content Provider, I will NOT be held liable for any claims – incidental, consequential or other – for any damages arising out of this licence or the Buyer\’s use of the Media.

    NOTES:

    PLEASE NOTE:
    The Terms put forth here are a subset of this Site’s overall The Lost Years Project – Website Terms and Conditions. Should any dispute arise or any further interpretation be required, the WEBSITE’S TERMS shall prevail.

    CONTACTING US:
    To contact and communicate with, please use our CONTACT US form. We would be happy to answer your queries and clarify any issues your may have both this Site and your on-line shopping experiences.

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    Other policy page links:

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