TERMS & CONDITIONS

This agreement applies as between you, the User of this website (www.patrikkrivanek.com) and Ephor Pictures Ltd of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom, the operator(s) of this website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the website. If you do not agree to be bound by these terms and conditions, you should stop using the website immediately.

1.  Using our (Patrik Krivanek's) website

1.1.  You must use our (Patrik Krivanek's) website and the information available from our (Patrik Krivanek's) website responsibly. No such information may be used for or in connection with any unlawful, immoral or anti-social purpose, or in a manner which is or may be damaging to our name or reputation.

1.2.  You cannot use our website:

·  1.2.1.  for any unlawful purpose;

·  1.2.2.  to send spam;

·  1.2.3.  to harm, threaten, abuse or harass another person, or in a way that invades someone's privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us;

·  1.2.4.  to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists;

·  1.2.5.  to tamper with, update or change any part of our (Patrik Krivanek's) website;

·  1.2.6.  in a way that affects how it is run;

·  1.2.7.  in a way that imposes an unreasonable or disproportionably large burden on us, or our suppliers' communications and technical systems as determined by us; or

·  1.2.8.  using any automated means to monitor or copy our website or its content, or to interfere with or attempt to interfere with how our (Patrik Krivanek's) website works.

2.  Intellectual Property

2.1.  All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Ephor Pictures, our affiliates or other relevant third parties.  By continuing to use the website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

2.2.  We, or our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms and Conditions, nothing in these Terms and Conditions shall give you any rights in respect of any intellectual property owned by us or our licensors.

2.3.  You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the website or unless given express written permission to do so by Ephor Pictures.

2.4.  Material from the website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

3.  Links to Other websites

3.1.  This website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Ephor Pictures or that of our affiliates.  

3.2.  We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  

3.3.  The inclusion of a link to another site on this website does not imply any endorsement of the sites themselves or of those in control of them.

4.  Privacy

4.1.  For the purposes of applicable data protection legislation, Ephor Pictures will process any personal data you have provided to us in accordance with our Privacy Policy available on the Ephor Pictures website or on request from Ephor Pictures.

4.2.  You agree that, if you have provided Ephor Pictures with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Ephor Pictures and (2) that you have brought to the attention of any such third party the Privacy Policy available on the Ephor Pictures’ website or otherwise provided a copy of it to the third party. 

4.3.  You agree to indemnify Ephor Pictures in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.

5.  Disclaimers

5.1.  Ephor Pictures makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.

5.2.  No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.

5.3.  No part of this website is intended to constitute a contractual offer capable of acceptance.  No goods and / or services are sold through this website and service details are provided for information purposes only.

5.4.  Whilst every effort has been made to ensure that all graphical representations or descriptions of services available from Ephor Pictures correspond to the actual products and / or services, Ephor Pictures is not responsible for any variations from these descriptions.

5.5.  No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.

6.  Availability of the website

6.1.  The Service is provided “as is” and on an “as available” basis.  We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

6.2.  We reserve the right, in our discretion, to withdraw, suspend or modify our website or certain features or parts of our website with or without notice to you, where we have reason to do so. There may also be times when our Site or certain features or parts of our website become unavailable, whether on a scheduled or unscheduled basis. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of our website or any service available on or through our website.

6.3.  Ephor Pictures accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

7.  Limitation of Liability

7.1.  To the maximum extent permitted by law, Ephor Pictures and Patrik Krivanek accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.

7.2.  Nothing in these terms and conditions excludes or restricts Ephor Pictures’ and Patrik Krivaneks’ liability for death or personal injury resulting from any negligence or fraud on the part of Ephor Pictures.

7.3.  Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.  This term shall apply only within jurisdictions where a particular term is illegal.

8.  No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

9.  Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

10.  Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to patrikkrivanek@ephorpics.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

11.  Law and Jurisdiction

These terms and conditions and the relationship between you and Ephor Pictures shall be governed by and construed in accordance with the Law of England and Wales and Ephor Pictures and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.