Please read these Terms and Conditions (“Terms”) carefully before using our photography website (“Website”). These Terms govern your access to and use of the Website, including the sale and purchase of printed and digital images. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Website.
- Website Use
1.1 User Accounts: In order to access certain features of the Website, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
1.2 Accuracy of Information: You agree to provide accurate, current, and complete information when using the Website, including when making a purchase or creating a user account. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we suspect any inaccurate, incomplete, or fraudulent information.
1.3 Prohibited Activities: You agree not to engage in any activities that may:
(a) Violate any applicable laws, regulations, or third-party rights. (b) Infringe or violate the intellectual property rights or privacy rights of others. (c) Use the Website for any unauthorised commercial purpose. (d) Interfere with or disrupt the integrity or performance of the Website. (e) Upload, transmit, or distribute any viruses or other malicious code.
- Sale of Images
2.1 Image Availability: The images available for sale on our Website may be in either printed or digital format. Availability is subject to change without notice.
2.2 Pricing and Payment: The prices of the images are displayed on the Website and are subject to change at our discretion. All payments must be made through the designated payment methods provided on the Website.
2.3 Copyright and Usage Rights: All images available for sale on the Website are protected by copyright laws. By purchasing an image, you are granted a limited, non-exclusive, non-transferable license to use the image for personal, non-commercial purposes. You may not reproduce, distribute, modify, or create derivative works based on the purchased images without our express written consent.
2.4 Intellectual Property: All intellectual property rights, including copyrights, trademarks, and any other proprietary rights, in and to the Website and its content (excluding the images) shall remain with us or our licensors.
- Copyright Infringement
3.1 Reporting Infringement: We respect the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon on the Website, please notify us immediately, providing the following information:
(a) A description of the copyrighted work that you claim has been infringed. (b) Sufficient information to identify the infringing material and its location on the Website. (c) Your contact information, including your name, address, telephone number, and email address. (d) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
3.2 Counter-Notification: If you believe that your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to us, providing the following information:
(a) Identification of the material that has been removed or disabled and its location on the Website. (b) Your contact information, including your name, address, telephone number, and email address. (c) A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. (d) A statement that you consent to the jurisdiction of the courts within your jurisdiction or the jurisdiction in which the alleged infringement took place.
- Limitation of Liability
4.1 Disclaimer: The Website and its content are provided on an “as is” and “as available” basis without any warranties of any kind. We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.
4.2 Indemnification: You agree to indemnify and hold us harmless from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Website or any violation of these Terms.
- General Provisions
5.1 Modifications: We reserve the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website after the posting of revised Terms constitutes your agreement to the revised Terms.
5.2 Governing Law: These Terms shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of laws principles.
5.3 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
5.4 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the use of the Website and supersede any prior agreements or understandings.
By using the Website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.