Terms & Conditions

Copyright Notice

This website and its content is copyright of One Big Picture Limited.
© 2010 - 2011 One Big Picture Ltd. All rights reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your personal and non-commercial use only
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

MMS Text Message Terms & Conditions

At One Big Picture we rely on MMS text message technology in order to create the artwork that brings thousands of people together.  These are the terms and conditions that govern your MMS and submissions. 


About us
“We” are One Big Picture Ltd (registered company number 07197905).  We are a company registered in England and Wales.  Our registered office is at: 3 Weston Houses, Endmoor, Kendal, Cumbria, United Kingdom LA8 0HA.  Our telephone number is 0844 844 9989. 

Sending your photograph to us creates a legally binding contract
When you submit a photograph an independent legal relationship is formed between you and One Big Picture Ltd:  If you do not want to be legally bound to these terms and conditions you must not submit a photograph to us. 

Where your photograph will be used
We will use your photograph to recreate artwork, pictures, images and photographs supplied by other people in the form of a print or another image.  In particular, we will use your photograph in any specific print or image which you have asked to be included in.  We know which specific print or image this is by the “key word” that you included in your MMS to us. 

By sending us your photograph, you also agree that we can use your photograph for all future artwork, pictures, images and photographs at our discretion at any time in the future and anywhere in the world.  You agree that we do not have to pay you any royalties, commissions or other fees to use your photograph. 

In particular, you agree that we can allow people other than us to use your photograph.  If you do not agree to allow people other than us to use your photograph, you should not submit a photograph to us.  If you have already submitted a photograph to us, you should cancel your order within 7 days.

Alterations to your photograph
By sending your photograph to us, you agree that we can edit, alter, adapt or amend your photograph in any way we choose, and in particular so that your photograph complies with these terms and conditions, and so that your photograph can be adequately reproduced in any print.  

What type of photograph can be submitted
You must not send us any photograph which contains anything illegal, or which infringes the legal rights of any other person or company. 

In particular, you must not submit a photograph:

  • Without the prior consent and knowledge of the individual shown in the photograph
  • Unless you have the bill payer’s prior permission
  • Of any person who is under 16 years old (referred to as a “child” in these terms and conditions) unless you have the permission of the child’s parent/guardian.  The parent/guardian must give permission both for the use of the actual photograph supplied, and to these terms and conditions.  You must be able to prove that you had the consent of the child’s parent/guardian if we ask you to do so. 
  • Which contains any derogatory, inappropriate, untrue, malicious or defamatory remarks, inferences or implications about any person or company;
  • Which shows any other person’s or company’s logo, trade mark, trade name, business name, copyright, design right or any other type of intellectual property right unless you have that person’s or company’s prior permission;
  • Which contains any personal information (e.g. name, address or location, telephone number, employer’s name or any other information that can be used to identify an individual)
  • Which contains any commercial advertising e.g. brands, logos or other advertising
  • Is or contains any offensive or inappropriate content (see below)

By submitting a photograph to us, you promise that the photograph that you supply complies with all of the points listed above. 

Offensive images
We reserve the right to remove or not include any photograph that we deem to be offensive or inappropriate.  This includes, but is not limited to, photographs that are rude, derogatory, obscene, illegal, pornographic, malicious, discriminatory, untrue or would generally in our view offend other people. 

You will still be charged if you submit an offensive or inappropriate photograph, and you will not be entitled to a refund for any photograph submitted which we deem to be offensive or inappropriate. 

Your right to cancel
You can change your mind once a photograph is submitted, as long as you tell us within 7 days by sending an email to: customerservcies [at] onebigpicture [dot] com or by telephoning us on 0844 887 1259.

Provided you tell us within 7 days, we will remove your photograph from our records and we will send you a full refund within 14 days in the form of a cheque. 

Your personal data
When you submit a photograph to us, or when you contact us about your photograph or an order you have placed with us, you will be giving us some of your personal information (e.g. name, address, telephone number).  For the purposes of the Data Protection Act 1998, One Big Picture Limited is the data controller. 

We will keep your personal information safe in accordance with the requirements of the Data Protection Act 1998.

We will not sell or give your personal information to any other party without your permission, but we may use your personal information:

  1. To help resolve any queries you raise or to process your order;
  2. To send you offers that we think you might be interested in;
  3. To ask you for feedback about our services.

If you do not want us to use your personal information for some or all of these reasons, please email us at customerservices [at] onebigpicture [dot] com call us on 0844 844 9989 or write to us at One Big Picture Ltd 3 Weston Houses, Endmoor. Kendal. LA8 0HA.

Because we are governed by the Phone Pay Plus rules, we may need to give your personal information to Phone Pay Plus (e.g. to resolve a complaint).

We may also need to give your personal information to a third party where we consider that we are legally required to do so (e.g. in connection with a claim or police investigation).

We will keep your personal information only for a long as we are legally required to so, for example so that we can check that you had all legal and other rights and permissions necessary to be able to submit a photograph in case of any dispute or claim in future.

PLEASE NOTE: One Big Picture operate a strict no subscriptions policy

Buying a print which contains your photograph
You can buy a print from us which contains your photograph.  The sale of such a print will be on our standard terms and conditions of sale, which will be made available to you when you buy a print.

Our liability to you
We exclude all our liability which is connected with the submission or use of your photograph, including any liability for claims or allegations that your photograph is offensive, inappropriate, infringes the rights of someone else, breaches the Data Protection Act 1998 or any other claim relating to your photograph.  This means we exclude our liability for losses, damages, claims, fees, charges, expenses (including legal fees) and all other costs, whether foreseeable or not, and whether incurred directly or indirectly (including direct consequential, indirect and special losses) except:

  • Where our negligence resulted in a death or personal injury;
  • Where we committed a fraud; and
  • For any liability we cannot exclude by law. 

 

Terms of Sale

Please read these Terms of Sale; they are important. If you do not agree to these Terms of Sale, do not place an order for your print.

By placing an order with us you are agreeing to be bound by these Terms of Sales and you are also confirming that you are over sixteen years of age.

The Contract
A binding contract is formed between you and One Big Picture Ltd upon the receipt of an email to confirm that your order (order confirmation) has been accepted.

Order Cancellation
One Big Picture Mezaic® prints are a personalised product and we produce prints to order. Therefore, except in the case of a faulty product, One Big Picture DO NOT offer a refund on purchases.

Payment
All One Big Picture payment transactions are completed using PayPal. You are governed and protected in accordance with their policies. WE DO NOT ACCEPT ANY OTHER PAYMENT METHODS.

Delivery
Our standard delivery charge is £2.95 and we aim to have you prints delivered within 2 weeks of the text line closing date. Prints ordered after this point should expect delivery within 5 working days.

Please allow extra time for delivery on orders to a location detached from mainland UK.

Damaged/Missing Goods on Delivery
You must report any damaged goods or missing items from your parcel within 72 hours of receipt. Please call our Customer Services on 0844 844 9989 or email customerservices [at] onebigpicture [dot] com. If you do not contact us within 72 hours, we reserve the right not to replace or exchange/refund the item that is damaged or missing.

Faulty Goods
If your item is not of a satisfactory quality, follow the Damaged/Missing Goods procedure above and return the print, in the original packaging, with a covering letter stating the fault within 28 days. A replacement print or full refund will be offered upon One Big Picture receiving your return. ONE BIG PICTURE CAN NOT ACCEPT ANY RESPONSIBILITY FOR GOODS IF THEY ARE LOST IN TRANSIT. When sending returns, be sure to obtain a certificate of postage - they are free!

For more information call 0844 844 9989 or email customerservices [at] onebigpicture [dot] com.

Lost Parcels
In accordance with the regulations imposed by our carrier, we cannot deem a parcel lost until 14 days from the date of dispatch. Once 14 days have passed, contact Customer Services on 0844 844 9989 or email customerservices [at] onebigpicture [dot] com. 

VAT
As of 1st January 2011, VAT is charged at 20% and is fully inclusive within the price of One Big Picture products.
 


Website Usage Terms & Conditions

Thank you for visiting onebigpicture.com. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern One Big Picture’s relationship with you in relation to this website.

The term ‘One Big Picture’ or ‘us’ or ‘we’ refers to the owner of the website whose registered office is One Big Picture Limited, 3 Weston Houses, Endmoor. Kendal. Cumbria. LA8 0HA. Our company registration number is 07197905 (UK). The term ‘you’ refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without One Big Picture’s prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Scotland and Wales.

 

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by One Big Picture Limited and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of One Big Picture Limited. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, One Big Picture Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

Privacy Policy

This privacy policy sets out how One Big Picture Ltd uses and protects any information that you give One Big Picture Limited when you use this website.

One Big Picture Limited is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

One Big Picture Limited may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st May 2010.

What we collect

We may collect the following information:

  • Name
  • Contact information including email address
  • Demographic information such as postcode, preferences and interests

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

  • Internal record keeping.
  • We may use the information to improve our products and services.
  • We may periodically send promotional emailsabout new products, special offers or other information which we think you may find interesting using the email address which you have provided. 
  • From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure,we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

  • Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
  • If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at info [at] onebigpicture [dot] com

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to One Big Picture Limited, 3 Weston Houses, Endmoor. Kendal. Cumbria. LA8 0HA.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.