FotoConsent
Acceptable Use Policy

1, Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access websites, including https://fotoconsent.co.uk, that we own and operate and all the services we provide, including our online and mobile services products, and any other apps or services we may offer. For the purpose of this policy, we’ll call them our “Services”. 

Your use of our Services means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our Terms and Conditions of Use (https://fotoconsent.co.uk/terms-and-conditions).

The Services are operated by GDPR Ltd  trading as FotoConsent (“FotoConsent”, "we", " us" or "our"). We are registered as a limited company in England and Wales under company number 11847019 and our registered office is at 20-21 Jockey’s Fields, London, WC1R 4BW, United Kingdom.

"users", "you" or "your" means Subscribers and anyone else who uses or accesses our Services.


2. Prohibited Uses 

  1. You may only use our Services for lawful purposes. 

  2. Without limitation, you may not use our Services:

    1. in any way that breaches any applicable local, national or international law or regulation;

    2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

    3. for the purpose of harming or attempting to harm minors in any way;

    4. to interfere with any other user’s use or enjoyment of our Services;

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

    6. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or

    7. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

And unless legally authorised to do so:

  1. to attempt to clinically diagnose yourself or others;

  2. to prescribe treatments to yourself or others.

  3. You must not misuse our Services by knowingly introducing viruses, Trojan horses, time-bombs, keystroke loggers, spyware, adware, worms, logic bombs or other material which is malicious or technologically harmful or a similar computer code designed to adversely affect the operation of any computer software or hardware. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. 

  4. By breaching this clause 3, 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 cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

  5. 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 Services or to your downloading of any material posted on them, or on any website linked to it.


3. Intellectual Property Rights

  1. We, our associates and group companies are the owners or licensees of all Intellectual Property Rights in our Services, and in the material published on them.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 

  2. You may print one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others to material posted on our Services.  

  3. You must not modify the paper or digital copies of any materials you have printed or downloaded in any way, and you must not use any of our illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 

  4. Our status (and that of any identified contributors) as the authors of material on our Services must always be acknowledged. 

  5. You must not use any part of the materials on our Services for commercial purposes without obtaining a licence to do so from us or our licensors.

  6. If you print, copy or download any part of our Services in breach of these terms of use, your right to use our Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


4. Changes to our Services

We may update and change the content of our Services at any time. If the need arises, we may suspend access to our Services, or close them indefinitely. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.


5. Links to and from our Services

  1. Our Services must not be framed on any other website, nor may you create a link to any part of our Services from your website or from any website that is not owned by you.

  2. If you wish to make any use of material on our Services, please contact us via email at support@fotoconsent.co.uk using the subject heading “Website Links”.

  3. Where our Services contain links to other websites and resources provided by third parties, these links are provided for your information only.  We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  


6. Interactive services

  1. We may from time to time provide interactive services through our Services ("Interactive Services").

  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. We will do our best to assess any possible risks for users from third parties when they use any Interactive Service provided through our Services, 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 Services, 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.

  4. 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.


7. Content standards

  1. These content standards apply to any and all material which you contribute to our Services ("Contributions"), and to any Interactive Services associated with them.

  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.

  3. Contributions must:

  • be accurate (where they state facts);

  • be genuinely held (where they state opinions); and/or

  • comply with applicable law in the UK and in any country from which they are posted.

    4. Contributions must not:

  • contain any material which is defamatory of any person;

  • contain any material which is obscene, offensive, hateful or inflammatory;

  • promote sexually explicit material;

  • promote violence;

  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  • infringe any copyright, database right or trademark of any other person;

  • be likely to deceive any person;

  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  • promote any illegal activity;

  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;

  • be likely to harass, upset, embarrass, alarm or annoy any other person;

  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;

  • give the impression that they emanate from us, if this is not the case; and/or

  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse;

  • contain content that could be misleading to others;

  • contain statements that would require independent medical or legal expertise to validate.

8. Our Liability

  1. The material displayed on our Services is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  2. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

  3. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Services or in connection with the use, inability to use, or the result from the use of our Services, any websites linked to them and any materials posted on them, including, without limitation any liability for:

  • loss of income or revenue;

  • loss of business;

  • loss of profits or contracts;

  • loss of anticipated savings;

  • loss of data;

  • loss of goodwill;

  • wasted management or office time; and

  • any other loss or damage of any kind

however arising 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.


9. Suspension and Termination 

  1. We will determine, in our discretion, whether there has been a breach of this policy through your use of our Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.

  2. Failure to comply with these terms constitutes a material breach of the terms of use on which you are permitted to use our Services, and may result in our taking all or any of the following actions:

    1. immediate, temporary or permanent withdrawal of your right to use our Services;

    2. immediate, temporary or permanent removal of any posting or material uploaded by you to our Services;

    3. issue of warning to you;

    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. further legal action against you; and

    6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

  3. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

  4. We exclude liability for actions taken in response to breaches of this policy.

  5. On termination you will no longer be able to access our Services or utilise our Services.


10. Unacceptable content

  1. If you find any content on our Services to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal, infringing of any third party rights, deceptive in any way or otherwise in breach of our content standards, please notify us by email at support@fotoconsent.co.uk and using the subject heading "Unacceptable Content".

  2. We take complaints seriously and on receipt of your complaint we will investigate whether the content breaches our content standards or this acceptable use policy and may at our discretion, remove or block access to the content complained of.

11. Jurisdiction and Applicable Law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a use of our Services (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).  


12. Variations 

We may amend, modify or substitute this acceptable use policy at any time. Your continued use of our Services after any such amendment, modification or substitution constitutes your acceptance of any new acceptable use policy. We recommend that you visit our website regularly to check for any updates or amendments to this acceptable use policy. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website.

13. Contact

If you have any questions, comments, requests or concerns about material which appears on our Services regarding this policy, please contact us via email at support@fotoconsent.co.uk using the subject heading “Acceptable Use”.