These Terms set forth the terms and conditions under which you may use the website (thinkingimages.co.uk) and the services offered. This website offers visitors the opportunity to view photographs and to purchase them to use in a variety of ways covered by licence agreements available on the site. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. The proprietor of the website and of thinkingimages is Edwin Klein. All references to thinkingimages should be interpreted as references to this individual as thinkingimages is not an incorporated company.
In order to use this website and/or receive our services, you must be at least 18 years of age, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it, (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process and (iii) you agree to licence the product according to an appropriate licence on the licencing page. Some prices charged for using services or for purchasing products are listed on the website although some products are bespoke and a charge will be advised. We reserve the right to change the prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page. The fee for any continuing services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method if you sign up to any subscription facility. For a single bespoke purchase, 50% of the supplied price is payable in advance.
The products available on this website are supplied as either an electronic copy with a licence agreement or are a bespoke product which is ordered according to specific criteria by the purchaser. The bespoke products are available from the "frames" site, which is not immediately available on the thinkingimages site, although accessible as a microsite with its particular URL. This page is only made available by special arrangement with interested customers. By clicking through to this section of the site and subsequently making an order the customer is either purchasing the frame from a third party, orderaprint.com, who then fulfil customers' orders through a print shop, or is purchasing a bespoke product which will be fulfilled by thinkingimages. Therefore, thinkingimages is providing a service and only accepts responsibility for placing a customer in contact with orderaprint.com or overseeing a third party contract. Payments for this service may be made to orderaprint.com and where this happens thinkingimages receives a commission for the introduction. Customers dissatisfied with the final product will be directed to orderaprint.com for replacement or recompense, although because this is a bespoke product returns would only be accepted in the case of a faulty or damaged product. Where a customer wishes to complain about a product, initial contact should be made with thinkingimages through our web form.
We may, without prior notice, change the services offered on this website; stop providing the services or any features of the services offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are our exclusive property. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
You recognise and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to or through the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website unless it is clear to both parties that this is confidential material (such as comments on photography crops for example). You agree that any such uploads will be lawful and will be appropriate to this website and its audience in terms of taste and decency.
We retain the right to permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment
You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including lawyers’ fees), made against us by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.
To the maximum extent permitted by British law, in no event shall we be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
To the maximum extent permitted by British law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the website service; and (iii) any unauthorised access to or use of secure servers and/or any and all personal information stored therein.
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these terms periodically. When we change the Terms in a material manner, we will update the policy on this page and amend the date. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
You may agree when you become a member of my site to receive from time to time promotional messages and materials by mail, email or any other contact form you may provide (including your phone number for calls or text messages). If you don't wish to continue to receive such promotional materials or notices – please just notify us at any time. You must opt in if you wish to receive promotional messages.
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in London, England. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
If you choose to join any user community on this website you should be aware that you will have a public profile that is visible to others who use the site and that your activities may be visible to those who visit the site. You may choose to opt in and opt out of this community at any time. If you opt out, your contributions will not be visible publicly. (Currently the website does not have a user community.)
You may request your personal information according to GDPR by completing the contact form.
These Terms and Conditions were last updated in August 2022.