Effective Date: March 1, 2024

 

These Terms of Use govern your use of any website, application, or service (collectively the “Services”) owned and operated by Untamed Photo Safaris trading as Untamed Photo Magazine, a UK limited company (referred to as “Untamed Photo Magazine,” the “Company,” “we,” or “our” as applicable) that displays or links to these Terms of Use.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY VISITING, VIEWING, OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF AND ANY ORGANISATION YOU REPRESENT) ARE AGREEING TO THESE TERMS OF USE AND TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SERVICES.

 

1. Structure of the Terms
Untamed Photo Magazine is proud to offer a broad spectrum of wildlife photography tips, tricks, and inspirational content. These terms apply to your use of and interaction with those Services. 

 

2. Modification

2.1 Modification of the Services. We reserve the right to modify the Services at any time, with or without notice to you. For example, we may add or remove functionality or features, and we may suspend or stop a particular feature or service offering altogether. 

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2.2 Modification of Terms. We also reserve the right to modify these Terms of Use at any time, so be sure to check back regularly. By continuing to use or log in to the Services after these Terms of Use have changed, you indicate your agreement to the revised Terms of Use. If you do not agree to our changes, you can stop using the Services at any time.

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3. Accounts & Subscriptions; Payments

3.1 Registration. If you register to use the Services or download one of our applications, we may require you to create an account password in order to make purchases, subscribe to our services, or use certain features on the Services. You must be at least 18 years or older to independently register as a user and create an account. If you are between the ages of 13-18, you may use some Services only with the supervision and consent of a parent or guardian. No individual under these age limits may use the Services, provide any Personal Data to Untamed Photo Magazine, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address). To create an account, you must provide truthful and accurate information. Do not impersonate anyone else when you create your account. If your registration information changes at any time, you agree to update your account to reflect those changes.

 

3.2 Account Security. You may not share your account with anyone else. Please keep your account password confidential. You are solely responsible for all activities, including payments, that occur using your account. If you believe that your account has been compromised at any time, please contact us. You are responsible for maintaining the confidentiality of all actions that take place within your account. We are not responsible for any loss that results from any unauthorised use of your username and password.

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3.3 Account Monitoring and Suspension. We reserve the right, but have no obligation, to monitor any accounts and/or activities conducted through or related to the Services. Any termination or suspension of your account shall be at Untamed Photo Magazine’s sole discretion and Untamed Photo Magazine shall not be liable to you or any third party for any suspension or termination of your account or access to the Services.

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3.4 Subscriptions, Memberships and Paid Services. As a registered user, you may subscribe to certain premium, paid services, digital subscriptions, or memberships available via the Services (collectively “Subscriptions”). A Subscription will enable you to access certain paid features and content when available. Your use of premium content and features as a paid subscriber is subject to these Terms of Use, including Section 3 (Limitations on Use of the Services). 

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3.5 Pricing. Subscribers agree to pay the fees listed on the subscription sign up page for the subscription term listed on that page. Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.  Subscription payments are non-refundable except at our sole discretion and in accordance with the rules governing each Subscription. 

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3.6 Notice of Auto Renewal; Effect of Cancellation. To provide continuous service to paid subscribers who purchase a Subscription, unless otherwise stated, we automatically renew your Subscription. The renewal term is usually the same duration as the original Subscription term (for example, a quarterly Subscription will renew on a 3-month basis and a one-year Subscription will renew on an annual basis).  By making a Subscription purchase on the Services, you acknowledge that your account will be subject to the above-described automatic renewals. At any time, if you do not wish your account to renew automatically or if you wish to cancel your Subscription at any time, you can cancel your plan in your account profile.  Cancellations are effective the following billing cycle. You will not receive a refund for the current billing cycle and will continue to have the same access and benefits for the remainder of the current billing period. Please note that your paid Subscription may be interrupted as a result of a cancelled or expired payment card or other payment method. It is your responsibility to keep your payment card or payment method details up to date to continue accessing the Services.

 

3.7 Payments. All payments related to your Subscription or other purchases made from your registration account must be made from a payment method on which you are the named account holder (the “Payment Method”). Unless otherwise stated, all fees due for the Subscription(s) are payable in advance, and will be billed automatically to the Payment Method. You agree that we will not be liable for any loss caused by any unauthorized use of your payment card or any other method of payment by a third party in connection with the Services. Any attempt to defraud the Company through the use of payment cards or other payment methods will result in immediate termination of your account and civil and/or criminal prosecution. In the case of suspected or fraudulent payment, including use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your account. We are entitled to inform relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments.

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3.9 Payment and Financial Transaction Processing. We may use third party electronic payment processors and/or financial institutions (“Payment Processors”) to process financial transactions. You irrevocably authorise us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these Terms of Use and the Payment Processor terms and conditions, these Terms of Use shall govern.

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3.10 Fee Changes. The Company reserves the right to increase Subscription fees or to institute new fees at any time with reasonable advance notice. If you do not wish to pay the new prices, you can cancel your Subscription prior to the change becoming effective.

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3.11 Discounts. Where applicable, to redeem a discount or coupon code, enter the applicable code before you make your payment. All valid discounts or coupon codes can be applied when subscribing to paid Subscription services. Active accounts are not eligible for discounts or coupon redemptions. Discount and coupon codes cannot be combined with any other promotion, or exchanged, refunded or redeemed for cash. A payment method may be required to redeem a discount or coupon code. It is your responsibility to use a discount or coupon code before it expires. The terms and conditions of a specific discount or coupon code may include additional restrictions on its use.

 

4. Limitations on Use of the Services

4.1 Use Restrictions. The Services are available for your personal, noncommercial use. Please do not use the Services in a way that violates any laws, infringes anyone’s rights, is offensive, or interferes with the Services or any features on the Services (including any technological measures we employ to enforce these Terms of Use). Please do not attempt to gain unauthorized access to the Services or its associated computer systems or networks. If we (in our sole discretion) determine that you have acted inappropriately, we reserve the right to terminate your account and access to the Services (with or without refunding any payments you have made for premium access to the Services at our discretion), prohibit you from using the Services, and take appropriate legal action. Using the Services or purchasing a Subscription does not give you ownership of any intellectual property rights to the content that you access. You may not use content from the Services unless you obtain prior written permission from us, or unless you are otherwise permitted to do so by law. When you use the Services, you agree to comply with all laws applicable to you.

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5. Ownership and Use of Content; User Submissions; Acceptable Use

5.1 Definitions. As used in the Terms of Use, “Content” means any form of information, data, or creative expressions and includes, without limitation, video, films, audio, photographs, images, designs, illustrations, articles, workouts, recipes, training plans, software, features and all intellectual property embodied therein, any of which may be generated, provided or otherwise made available or accessible on or through the Services. “User Generated Content” has the meaning as stated in Section 5.3 below, “User Content” has the meaning as stated in Section 5.3 below, and “Untamed Photo Magazine Content” is anything that is not User Generated Content or User Content.

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5.2 Untamed Photo Magazine Content License. All Untamed Photo Magazine Content and all copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and to the Services belong to Untamed Photo Magazine and/or its partners or applicable third parties. Subject to your compliance with the Terms of Use, we grant you a limited, revocable, personal, non-transferable and non-exclusive right and licence to access and use the Services and the Untamed Photo Magazine Content for your own personal, noncommercial purposes, provided that you do not (and do not allow any third party to) copy, modify, creative derivative works, reverse engineer, sell, assign, sublease, transfer or otherwise commercially exploit any right in the Untamed Photo Magazine Services or Content.

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5.4 Personal User Content. We may provide opportunities for you to store your own preferences, settings, or content for later retrieval on certain Services (“User Content”). User Content is a form of User Generated Content and subject to Section 4 of these Terms of Use. We reserve the right to remove User Content from the Services at our discretion, including if the User Content violates these Terms of Use. User Content may be subject to inadvertent damage, corruption, or loss. User Content that is deleted may be irretrievable. We are not liable for deletion of, correction of, destruction of, damage to, loss of, or failure to store or encrypt any User Content. We recommend that you always backup User Content.

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5.5 Representations & Warranties. If you submit any User Generated Content by any means, you represent and warrant that: (a) you are not violating any law, (b) you are not impersonating another person, (c) you own the User Generated Content, (d) you have the right to post, upload, or submit the User Generated Content, © all User Generated Content represents your own work, (f) you did not purchase any of the User Generated Content prior to submitting it to the Company, (g) you have redacted any sensitive personal information or other personally identifiable information that you do not wish to be made publicly available, (h) by uploading User Generated Content you agree to intentionally disclose the User Generated Content to other users on the Services subject to these Terms of Use, and (i) you may not be compensated for User Generated Content submitted via the Services at the Company’s discretion.

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5.6 Indemnification for User Generated Content. You agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of any User Generated Content.

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5.7 Release Agreement. You release and discharge the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns of any and all claims arising out of your disclosure of User Generated Content, including but not limited to any use of the User Generated Content by a user of the Services for a purpose that the Company prohibits in these Terms of Use.

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5.8 User Generated Content Disclaimer. We are not responsible for, and do not endorse, User Generated Content. Accordingly, we may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any User Generated Content posted by another person.

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5.9 Untamed Photo Magazine Content Disclaimer. We make no representations as to the accuracy, reliability or completeness of any Untamed Photo Magazine Content that is published on or made available through the Services, and we make no commitment to update such Content.

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5.10 Feedback and Unsolicited Material. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any compensation or obligation to you.

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6. Trademark & Copyright Restrictions

6.1 Untamed Photo Magazine Rights. All trademarks, logos, and service marks displayed on the Services are registered and unregistered trademarks of Untamed Photo Magazine and/or of third parties who have authorised their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of these Trademarks in any way. All of the materials on the Services are copyrighted, except where explicitly noted otherwise. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution, if necessary.

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6.2 Copyright Violations. If you believe any information on the Services infringes your copyrights or applicable law, please contact with the following information:

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the website;

• your email address or other contact information that is sufficient for us to contact you;

• a statement by you that you in good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law;

• a statement by you that the above information in your notice to Untamed Photo Magazine is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

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Notices should be directed to: contact@untamedphotomag.com or by mail at:

Untamed Photo Safaris Ltd. & Untamed Photo Magazine
2 Slaughterhouse Lane,

Newark,

NG24 1ER

United Kingdom

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7. Indemnification; Limitation of Liability
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent and affiliate companies, and their respective officers, directors, employees, agents, representatives, insurers, and assigns from any and all claims arising out of your breach of these Terms of Use, the User Generated Content you create or share through the Services, and any of your activities related to or in connection with the Services.

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8. Electronic Communications.

You agree that all communications related to your use of the Services will be sent electronically and that such communications satisfy any legal requirement that such communications be in writing. All notices from the Company to you shall be deemed delivered and effective when sent to the e-mail address you provide to us. If you opt in to receive promotional emails, you will be able to later opt-out by following the instructions provided in those emails. You cannot however opt out of communications that are related to your use of the services available on the Services.

 

9. Notices.

When you use the Services or send communications to us via the Services, you are communicating with us electronically. Similarly, you consent to receive, from us electronically, communications related to your use of the Services. You agree that all agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications be in writing. All notices from the Company to you will be deemed delivered and effective when sent to the e-mail address you provide to us. 

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10.Additional Details

10.1 Additional Features. Certain features on the Services may be subject to separate terms, which will be presented in conjunction with those features. Your use of those features will be governed by those separate terms.

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10.2 Third-Party Links & Ads. The Services may contain links to third-party websites. That doesn’t mean that we control or endorse those websites or any goods or services sold on those websites. Similarly, the Services may contain ads from third parties. We do not control or endorse any products being advertised.

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10.3 Third Party Software. The Services may incorporate certain third party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third Party Software. Nothing in these Terms of Use limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third Party Software.

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10.4 No Waiver. If you do not comply with these Terms of Use, and we don’t take enforcement action right away, that does not constitute a waiver, and we not are giving up any rights that we may have (such as taking enforcement action in the future).