Terms and conditions
Elizabeth Allnutt Website Terms and Conditions of Use
Last updated date: ## April 2016
Use of Site
Elizabeth Allnutt ("EL," "we" or "our") is a world-class photographer. EL displays and sells original works of art and commercially exploits digital images of works of art (the "Services") through our website, accessible at http://www.elizabethallnutt.com.au and any other derivative thereof from time to time (the "Site"). Please read carefully the following terms and conditions ("Terms") and our Privacy Policy, which may be found at www.elizabethallnutt.com.au and which is incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and EL.
Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING ANY WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Any failure by EL at any time to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of EL. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Contacting EL
If you have any questions about these Terms, please contact EL at www.elizabethallnutt.com.au
Modification
EL reserves the right, at its sole discretion, to modify, discontinue, withdraw or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
Access
Access to the Site or Services is granted on a temporary only basis. From time to time, we may restrict access to the Site at our discretion without notice to you and we accept no liability if the Site or Services are unavailable at any time or for any time period for any reason whatsoever.
We will not be responsible for any delay, suspension or failure in access to the Site or Services arising out of any force majeure circumstances outside of our reasonable control.
Governing Law
These Terms and your use of the Sites and Services are governed by the laws in the state of New South Wales, Australia and by using the Site or Services you submit to the jurisdiction of these courts. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Services. Accessing the Site or Services from jurisdictions where the content is illegal, is prohibited. If you choose to access the Site or Services from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of such jurisdiction.
If you have any concerns about any material appearing on the Site, please contact us immediately.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between EL and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between EL and you regarding the Site and Services.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notices
Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by EL via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
PROPERTARY RIGHTS
All material on the Site, including, but not limited to the Services, products, software, applications, images, works, illustrations and multimedia materials published on this Site (“Material”), is fully protected throughout the world by copyright trademark and all other proprietary rights which are owned and controlled by EL, or by other parties that have licensed their material to EL. Material from this Site or any other website owned, operated, licensed or controlled by EL (“Materials”) may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the Materials or use of the Materials for any other purpose is a violation of EL’s proprietary rights. The use of any such material in any media whatsoever, including without limitation, on any other web site, ftp server or network environment, is strictly prohibited. All rights are hereby reserved.
This Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on this Site are the sole property of their respective owners.
You must not print off copies, download extracts, of any images or page(s) from this Site either for personal use or commercial purposes. You must not modify any paper or digital copies of this Site, and you must not use or edit any Materials from this Site either together with or separately from any accompanying text. EL must always be acknowledged as original owner and creator of any such material.
Legal Disclaimer
EL gives no representations or warranties that the use of this Site or any EL Services will not infringe the rights of any third parties. EL accepts no liability for any consequences acted upon in the use of any information provided on or from this Site or EL services.
Persons under 18 years of age must obtain the consent of a parent or suitable caregiver if they wish to use any Services from this Site. El does not monitor or take responsibility in screening visitors or age status.
Any accessing of this Site and/or our Services provided on or from this Site is obtained by your own free will and choice and EL hereby rescinds any and all liability in any way for any legal ramifications, which you might incur as a result.
This Site does not endorse the opinions of any third parties appearing on this Site and takes no responsibility for personal offence or grievances.
Any third party links, references, sites, services, promotions, software applications or events appearing on this Site are for your information and convenience only. EL accepts no responsibility for them or for any loss or damage that may arise from your use of or interaction with them.
The material and content displayed on or via this Site, and any products, services, software, events and applications are provided without any guarantees, conditions or warranties as to its accuracy, veracity, truthfulness, completeness and to the fullest extent permitted by law, EL hereby expressly excludes:
• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with this Site, products, services, software, applications or events and any other loss or damage of any kind, however arising even if foreseeable.
Where any laws in any jurisdiction imply warranties and conditions or impose obligations on the supply of goods and services through or by means of this Site which cannot be excluded, restricted or modified except to a limited extent, then to the fullest extent permitted EL’s liability is limited.
You hereby agree that in no event shall EL’s maximum aggregate liability exceed the greater of the amount paid by you for any Services or one hundred dollars (AUD$100.00).
MISUSE
You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or Services, the server on which the Site is stored or any server, computer or database connected to the Site, software or applications.
USER GENERATED CONTENT RULES
If you submit any content, materials, comments, messages (Content) to, on, or via, our Site, Services, software, or any other interactive service (Submissions), an automatic royalty-free, perpetual, transferable right is granted to (a) use, communicate, deliver, host, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission, where applicable.
You are solely responsible for the posting, transmission, delivery, accuracy and use of the Submissions and you do so at your own risk and we take no responsibility and assume no liability for the same. Your Submission must not include any material, content or information:
• that breaches any law or regulation;
• that is unlawful, deceptive or fraudulent;
• intended to harm someone in any way or that is libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, uses vulgar language or otherwise objectionable;
• containing unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation, junk or bulk email or otherwise (spam).
• that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect or limit the operation of any computer software, hardware or telecommunications equipment; or
• that may infringe the intellectual property rights of any third party.
We will not pre-screen, monitor, vet or edit Submissions. We do have the right in our sole discretion to remove any Submission but are not responsible for any failure or delay in doing so.
This Site must not be framed or linked on or to any other site, unless we expressly agree otherwise.
INDEMNITY
You agree to indemnify, defend, and hold EL harmless and our officers, employees, directors, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) your breach of these Terms or of any representation or warranty made by you in these Terms; (2) your Submissions; and/or (3) your activities in connection with the this Site and its contents.
PRIVACY POLICY
We shall not automatically collect your personal information when visiting this Site. However, our servers record certain information automatically. Your personal data including your e mail address and other personally identifiable data when visiting this Site are known to us only if and when submitted by you. All personal information we collect is retained and not sold or otherwise provided to third parties. We may use your personal data to communicate with you where you have provided us with this data for specific purposes. You may unsubscribe at any time to such notices and details of how you can do this are embedded within each notice. We note that any personal data that you may post in chat areas or notice boards, is in the public domain and thus collectible and useable by any party and may result in unsolicited messages from other parties and this is not under our control.
Cookies are small files, which many web sites transfer to your hard disk. They can inform the Site what pages you visit, and your preferences, which enable web sites to provide you with a more personalized service. You can set your browser to refuse cookies, or to warn you before accepting them. Our Site pages may place a “cookie” in your browser files. These do not contain any personal information. No cookies are used for any sites specifically designed for and aimed at children under 18 years of age.
We advise that any persons who are responsible for children under 18 years of age should supervise their children’s online activities and may consider the use of control tools available from online services and software manufacturers that help provide a children-friendly online environment. These tools can also prevent children from disclosing online any personal information without parental or carer permission.
We may provide statistical information, not personal information about you, to our partners or affiliates. We do not share personally identifiable information unless you give us permission to do so.
Any changes to our privacy policy will be notified you.
USAGE INFORMATION ABOUT YOU
If you are a member or user, when you access this Site you may obtain access to features that contain personal information, such as e-mail. Additionally, we may specifically ask for information about you when you sign up to use our services to allow us to provide services or content to you. We may also use that information to let you know of additional products and services about which you might be interested. You can opt out of receiving such information when you sign up for any product or service.
We will not use or disclose information about your individual visits to or usage of this Site or personal information personal that you may give us to any outside companies. We may share such information in response to a legal process, such as a court order or subpoena, or in special cases such as a physical threat to you or others.
We will take reasonable steps to protect your personal information. We accept no liability for any unauthorized access to this information.