THIS AGREEMENT GOVERNS YOUR USE OF THE SITE. TO LEARN ABOUT USAGE RIGHTS FOR OUR CONTENT PLEASE READ OUR END USER LICENSE AGREEMENT.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Site.
1.1 This Site and its contents (Content) are intended for the use of registered customers of the Site. If you wish to use, copy or reproduce the content you must enter into a license agreement with Us. If you have not entered into a license agreement with Us you may only access and view this Site or Content, and any other use is prohibited.
1.2 You are specifically prohibited from:
(a) downloading, copying or re-transmitting any or all of the Site or the Content without, or in violation of, a written license agreement with Us
(b) modifying the Content in any way, creating derivative works from or otherwise exploiting the Content in any way
(c) using any data mining, robots or similar data gathering or extraction methods
(d) manipulating or otherwise displaying the Site or the Content by using framing or similar navigational technology
(e) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any our products or services if you are not expressly authorized by such party to do so, and
(f) using the Site or the Content other than for its intended purpose.
1.3 You must not add any material to the Site:
(a) unless you hold all necessary rights, licences and consents to do so
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy
(d) that would bring us, or the Site, into disrepute, or
(e) that infringes the intellectual property or other rights of any person.
1.4 The Site contains links to other websites, including social media sites, which may contain material added by people other than us. We do not endorse, sponsor or approve any such user generated material or any material available on any linked website.
1.5 You acknowledge and agree that:
(a) we may alter, amend or cease the operation of the Site at any time in our sole discretion
(b) we retain the right in our sole discretion to remove any material or information you add or post on the Site if we believe that it violates these Terms or for any other reason, and
(c) the Site may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we (or our contributors as the case may be) own all intellectual property rights in the Site and Content.
3.1 You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms, and
(b) you have complied with clause 1.3.
4.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3 The material at this Site, linked websites and social media sites may include views or recommendations of third parties which do not necessarily reflect our views or indicate its commitment to a particular course of action.
4.4 To the maximum extent permitted by applicable law, we will not be liable for any direct, indirect, incidental or punitive damages, including loss of profits, good will or intangible losses resulting from any delay in removing or failure to remove material from this Site or any linked social media site after receiving a request for removal even if we knew or should have known of the possibility of such loss or damage and whether damages are claimed in contract, tort (including negligence) or statute.
4.5 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods
(ii) the repair of the goods
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods, or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again, or
(ii) the payment of the cost of having the services supplied again.
5.1 While we endeavour to keep the information on this Site 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 or services contained on the Site for any purpose. Any reliance you place on the information contained on the Site is strictly at your own risk.
6.1 These Terms terminate automatically if, for any reason, we cease to operate the Site however clause 1.2 will survive termination.
6.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
7.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
7.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
7.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
7.4 This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
8.1 Each subscription plan is a minimum 12 month contract.
8.2 At the end of the 12 month term the yearly subscription will be automatically renewed unless cancelled by the client.
8.3 In the case of an early cancellation of the subscription the client must pay out the remaining balance of the contract and their account will be closed.
8.4 All images carry a lifetime usage license.
8.5 You acknowledge and agree that, except as otherwise set out in this agreement or as required by law, all fees are non-refundable upon termination of this Agreement and your failure to use the services does not allow for early termination of this agreement nor does it warrant a refund of any type. You further acknowledge and agree that failure to use the Services does not affect any of the terms of this Agreement and we are in no way responsible for your level of usage nor is it our responsibility to notify you of your usage at any stage
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