Terms of website use for users of www.eposure.com
1. Information about us
www.eposure.com is a site operated by Digital Creative Communities Limited (“We” or “Eposure”). We are registered in England and Wales under company number 07453516 and have our registered office at The Glades, Festival Way, Festival Park, Stoke on Trent ST1 5SQ. Our main trading address is Unit 4 The Sharp Project, Thorp Road, Manchester M40 5BJ. Our VAT number is GB 102 7662 38. We are a limited company.
2. Accessing our site
2.1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.4. When using our site, you must comply with the provisions of our acceptable use policy [Acceptable use].
2.5. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3.Intellectual property rights
3.1. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
3.2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
3.3. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
3.4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
3.5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
4. Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
5.Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
6. Our liability
6.1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
6.1.1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
6.1.2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
18.104.22.168. loss of income or revenue;
22.214.171.124. loss of business;
126.96.36.199. loss of profits or contracts;
188.8.131.52. loss of anticipated savings;
184.108.40.206. loss of data;
220.127.116.11. loss of goodwill;
18.104.22.168. Wasted management or office time; and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
6.2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
7.Information about you and your visits to our site
8. Hiring Our Members
If you wish to hire any of our members, whose work is displayed on our site, you will need to enter into a contract with such member directly. Where you are a registered user you will have access to the contact details for each of our members, which are provided on their profile page on the site. You will not be able to access these details if you are not a registered user. We will not be a party to any contract, which you may enter into with any of our members. Our site has been established to showcase our members’ work however we are not in any way the agent or representative of any of our members.
9.Uploading material or contributing to our site
9.1. Whenever you make use of a feature that allows you to upload material or contribute to our site e.g. by leaving comments on one of our member’s profile pages or on a blog, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy [Acceptable use]. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
9.2. Any material you upload or contribute to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material or contribution for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
9.3. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
9.4. We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy [Acceptable use].
10.Viruses, hacking and other offences
10.1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
10.2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
10.3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
11. Linking to our site
11.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2. You must not establish a link from any website that is not owned by you.
11.3. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy [Acceptable use].
11.4. If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
12. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
EPOSURE is a trade mark of Digital Creative Communities Limited.
15. Your concerns
If you have any concerns about material which appears on our site, please contact email@example.com
15. Jurisdiction and applicable law
16.1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Digital Creative Communities Limited (“We”) are committed to protecting and respecting your privacy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is Digital Creative Communities Limited of Unit 4 The Sharp Project, Thorp Road, Manchester M40 5BJ.
1. Information we may collect from you
1.1. We may collect and process the following data about you:
1.1.1. Information that you provide by filling in forms on our site www.eposure.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our site.
1.1.2. If you contact us, we may keep a record of that correspondence.
1.1.3. Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
– Recognise you when you return to our site.
– For analytical purposes to enable us to see how users use the site.
4. Where we store your personal data
4.2. We may export your information from the site to our email marketing house/ Mailchimp site in order that we can contact you as detailed in this policy. All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
4.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
5.Uses made of the information
5.1. We use information held about you in the following ways:
5.1.1. To ensure that content from our site is presented in the most effective manner for you and for your computer.
5.1.2. To provide you with information or services which we feel may interest you, where you have consented to be contacted for such purposes.
5.1.3. To allow you to participate in interactive features of our service, when you choose to do so.
5.1.4. To notify you about changes to our service.
5.2. We may also use your data, to provide you with information about goods and services which may be of interest to you and we may contact you about these by post or telephone.
5.3. If you do not want us to use your data in this way for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form).
5.4. We may provide aggregate information about our users as a part of our promotion and marketing of the site (for example, we may state that 500 men in the UK have visited our site on any given day).
6.Disclosure of your information
6.1. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
6.2. We may disclose your personal information to third parties:
6.2.1. In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
6.2.2. If Digital Creative Communities Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its users will be one of the transferred assets.
7.1. You have the right to ask us not to process your personal data for our own marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
7.2. Our site may, from time to time, contain links to and from the websites of our contributors, partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
10. Subject access requests
You have the right to see what personal data we hold about you. To obtain a copy of the personal information we hold about you, please write to us at DIRECTOR OF DATA PROTECTION REPRESENTATIVE, DIGITAL CREATIVE COMMUNITES. THE SHARP PROJECT, THORPE ROAD, MANCHESTER, M40 5BJ [PLEASE NOTE THAT WE RESERVE THE RIGHT TO CHARGE A FEE OF UP TO £10 FOR ANY SUCH REQUEST]
Acceptable Use Policy for www.eposure.com
This acceptable use policy sets out the terms between you and us under which you may access our website www.eposure.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use [Members Terms and Conditions / User Terms and Conditions]
1. Information About Us
www.eposure.com is a site operated by Digital Creative Communities Limited (“we” or “Eposure”). We are registered in England and Wales under company number 07453516 and have our registered office at The Glades, Festival Way, Festival Park, Stoke on Trent ST1 5SQ. Our trading address is Unit 4 The Sharp Project, Thorp Road, Manchester M40 5BJ. We are limited company. Our VAT number is GB 102 7662 38.
2.1. You may use our site only for lawful purposes. You may not use our site:
2.1.1. In any way that breaches any applicable local, national or international law or regulation.
2.1.2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
2.1.3. For the purpose of harming or attempting to harm minors in any way.
2.1.4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards [Please refer to clause 4 Content standards below].
2.1.5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
2.1.6. In any way which breaches clause 10.1 of our terms of website use[Members Terms and Conditions / User Terms and Conditions].
2.2. You also agree:
2.2.1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use [Members Terms and Conditions / User Terms and Conditions].
2.2.2. Not to access without authority, interfere with, damage or disrupt:
22.214.171.124. any part of our site;
126.96.36.199. any equipment or network on which our site is stored;
188.8.131.52. any software used in the provision of our site; or
184.108.40.206. any equipment or network or software owned or used by any third party
3. Interactive services
3.1. We may from time to time provide interactive services on our site, including, without limitation:
3.1.1. Chat rooms.
3.1.2. Bulletin boards.
3.1.3. Blog posts.
3.2. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
3.3. We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
3.4. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.5. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
4.1. These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
4.2. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
4.3. Contributions must:
4.3.1. Be accurate (where they state facts).
4.3.2. Be genuinely held (where they state opinions).
4.3.3. Comply with applicable law in the UK and in any country from which they are posted.
4.4. Contributions must not:
4.4.1. Contain any material which is defamatory of any person.
4.4.2. Contain any material which is obscene, offensive, hateful or inflammatory.
4.4.3. Promote sexually explicit material.
4.4.4. Promote violence.
4.4.5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
4.4.6. Infringe any copyright, database right or trade mark of any other person.
4.4.7. Be likely to deceive any person.
4.4.8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
4.4.9. Promote any illegal activity.
4.4.10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
4.4.11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
4.4.12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
4.4.13. Give the impression that they emanate from us, if this is not the case.
4.4.14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
5. Suspension and termination
5.1. We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
5.2.1. Immediate, temporary or permanent withdrawal of your right to use our site.
5.2.2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
5.2.3. Issue of a warning to you.
5.2.4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5.2.5. Further legal action against you.
5.2.6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
5.3. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
6.Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this policy. You are expected to check this policy from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.
There is a drive for online shopping to replicate the experiences that customers have when they shop in a store environment. Real-life shopping is a highly visual and sensory process, which is a challenge to replicate within digital channels. But clues on how this can be achieved sit with the understanding of how a customer actually shops.
Images play a crucial role in this digital shopping experience, not least because they are the best way to cost effectively represent the actual products that are for sale. But images can also play a much broader role in linking the web experience with a consumer’s natural preferences for different types of information earlier on in the shopping process. Used in the right way, they also help a brand to communicate other aspects such as quality, innovation and value, so in this sense images can reassure a potential consumer that this purchase is the right one for them.
So, when a consumer embarks on a purchase, they generally fall into two broad categories:
1. A distress purchase – when something has broken or worn out, etc.. and needs an urgent replacement
2. A planned purchase. A less urgent, and more pleasurable/indulgent purchase, or a considered purchase for a high-value item
We want to look at the second category, the planned purchase, because this is where there is the biggest difference in the mindset that a consumer moves between, from the start to the finish of the shopping process. At this point, though we should point out the starting point for this planned process, could be something that is present in the customer’s sub-conscious mind. The many messages that we are faced with on a daily basis influence us and plant seeds in our mind that send us on a journey of increasing awareness of a product, until it starts growing into the more conscious idea that we want or ‘need’ something.
As consumers move through this process they respond to different messages in different ways, and create many points of reference along this process to help them make their final decision. Importantly consumers are looking for different types of information at different points of this process.
It is these different mindsets and different types of information that digital retailers need to be aware of and evaluate their online shopping experience against how well their site, and the images within the site, cater for these stages.
There is a huge change in the mindset of a consumer during the earlier stages of the purchase process, and the most notable aspect is that it is all based around emotional requirements. At this point, its not about price or the cheapest option, its about their aspirations, and crucially they have time at this point. They’re not in a rush, they want to linger over the detail.
Product imagery vs inspirational imagery
Many online retail experiences don’t cater for the inspirational and information stage of the process, either with the content, the format or the images that are used.
This may be less important to a business that also has a range of retail outlets or catalogues which can cater for these earlier stages in the purchase process, but what about a business that follows a predominantly online model?
The absence of any inspirational or richly informative image has the potential to lead to a business being only able to compete on price – not a model that every business aspires to, for obvious reasons!
Creating an image centric approach to a user experience, or a site design gives the opportunity to present a range of different types of content to support the eventual purchase of a given product on a site.
For example, many websites use 360 images on their sites to allow the user to look in detail at a particular product. 360 image views, of course have a role, but by the nature of them they offer the viewer a complete lack of inspiration. Not only this, they require the viewer to put some effort in to find all of the detail that they need.
This may be effective at the end of the purchase process, but is completely wrong for the inspirational part of the process. A more suitable set of images for the inspirational part of the purchase process would be a selection of incidental images shot in a more artistic and creative style. The brief for these would be to show the most interesting parts of a given product. Viewing this selection of images would be an easier task for the viewer, and they would get a much more impactful visual experience than the unimaginative composition required for a 360 view.
Not an expensive option
Crucially, this doesn’t necessarily mean a huge investment is required. Many 360 degree images consist of upto 32 separate images being taken and then stitched together to produce the 360 visual. Instead, all that is required is a mindset change, and taking a different approach from the norm. A different brief, with similar budget parameters could produce a much more exciting suite of images that engage the customer in a different way and encourage a more aspirational attitude to a product compared to similar competitive products.
If you think that your business could benefit from providing your customers with a more creative and distinctive photographic experience, that works on a different level to your competitors, then please get in touch with us for more detail. Please contact email@example.com
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Our office neighbours are Ward Hadaway, run by who very fortunately for us are creative lawyers. Here they have given us kind permission to publish a recent artlcle that they have produced, giving a very intersting update to new copyright legislation which will be of interest and value to all photographers, in relation to orphan works and the ramifications of sharing photographs via social media.
The “Instagram” Act
A number of reforms which could have profound ramifications for both publishers and owners of copyright material have come into effect following the passing of the Enterprise and Regulatory Reform Act 2013 (ERRA).
What are the changes to copyright law?
The change which has brought about the most discussion surrounds “orphan works” – so called because the copyright owner cannot be traced. The objective behind the changes is to enable the commercial exploitation of such works e.g. a song, a film or a photograph, without fear of being held liable should the owner ever come to light and make a claim at some point in the future.
The ERRA lays the foundations of a system whereby a publisher, or other end user, can obtain a non–exclusive licence in respect of a work if after a “diligent search” they can demonstrate to an independent body that the owner cannot be traced. A fee would then be payable which would be used to reimburse the owner if they later made a claim.
Why is this important?
This is a fundamental change to UK copyright legislation. Whilst the relevant provisions of ERRA amend the Copyright Designs and Patents Act 1988 (CDPA), the inclusion of copyright provisions in ERRA has sparked some consternation amongst copyright owners who consider that the changes have been bolted onto a piece of legislation which does not relate more specifically to copyright.
Furthermore, the real structure of the new framework has yet to be defined and will be put into place by secondary legislation made by ministers, which must be implemented by 29 October 2014. In effect, nobody really knows how exactly this will work in practice.
Surely “orphan works” are not a major issue?
Orphan works are in fact a growing problem. In the past, orphan works were typically older media where little or no contact information for the author was available. However the internet, and in particular social media, has fostered a situation whereby many newer works are becoming orphaned in a much reduced timescale.
For example, take a photograph that is posted on Instagram then on Facebook where it is repeatedly shared and is then uploaded onto Twitter. By the time a publisher comes across it, it may well be impossible to ascertain the original author, hence the nickname for the Act. This problem is compounded because uploading media such as pictures can often strip away important metadata which could be used to locate the author.
The Intellectual Property Office however has clarified that merely stripping a photograph of its metadata will not make it an orphan work. The steps set out above must be followed.
What is going to happen now?
We will have to wait until the actual system of licensing is devised and put into effect before we see any great changes but some critics have already declared it to be “premature, ill thought-out and constitutionally improper”. Some have gone so far as to say that the UK government could even be breaching its obligations under the Berne Convention to recognise and protect copyright.
On the other hand it has been argued that the proposed system will have little positive effect on the utilisation of orphaned works since licence fees will have to be set at market value so as to ensure that non-orphaned works are not undercut. This being so, it may well be that many publishers would rather use non-orphaned material.
The other main changes to the copyright regime as set out in ERRA relate to:
(i) Extended collective licensing, the aim of which, according to government, is to make copyright licensing more efficient. ERRA allows for secondary legislation to be introduced in order to set up a licensing body which will be able to grant licences of copyright works for certain uses. Copyright owners will be able to limit or exclude the grant of licences by such body in respect of their works;
(ii) The limited term of protection of 25 years which applied to designs made by an industrial process has been extended so that like many other copyright works the owners of such works will have copyright protection for the life of the author plus 70 years;
(iii) Changes to the provisions on exceptions to copyright, as well as rights in performances, through new regulations; and
(iv) Changes to reduce the duration of copyright in transitional cases.
What does this mean for me?
Whether you are a creator of copyright work or a business or individual that exploits copyright work you will need to take great care in this area as the law is bound to take some interesting turns in the wake of this new legislation.
Whilst some copyright owners consider that the changes will mean that their protection under the CDPA is lessened, it seems likely that disputes will arise as the new system comes into effect and the courts decide exactly what it means.
How can I find out more?
If you would like to know more about the effects of the new legislation or on other copyright and licensing issues, please get in touch. Contact Laura Harper who runs the Manchester office of Ward Hadaway; Laura.firstname.lastname@example.org
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