The following terms and conditions apply to your use of our website and services. Please read them carefully before you enter our website.
THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT (THE "AGREEMENT") BETWEEN YOU AND PHOTO123. PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS. BY USING THE WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT OUR WEBSITE.
1. Ownership of Our Website
This Website is owned & operated by Penrith Valley Photographics Pty Ltd Trading As photo123. All of the photographs featured on our website were created by photographers who have provided them to photo123 for worldwide sale and distribution. These images are protected by international copyright law.
2. Your Use of Our Photographs
You can purchase the photographs featured on our website from photo123 in the form of photographic print. If you decide to purchase a print (“Print”), you may not reproduce, display, transmit, distribute or otherwise exploit the Print, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of photographs, without the prior written consent of photo123. Prints are intended for your personal use only. You may not use or reproduce a Print in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. You also agree not to modify, alter or otherwise manipulate any Print, including without limitation, adding other material to a Print, without photo123 prior written consent. In addition, you may not reverse engineer, de-compile, or otherwise disassemble software included on this Website.
YOUR AGREEMENT WITH PHOTO123
3. Disclaimers
NOTWITHSTANDING THE PHOTO123 CUSTOMER SATISFACTION GUARANTEE, THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND PHOTO123 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT ITS IMAGES OR WEBSITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
While photo123 uses reasonable efforts to ensure compliance with applicable laws relating to rights of privacy or publicity, including the use of subject releases when necessary and screening of photographs submitted to photo123, it makes no representations or warranties as to the accuracy, correctness or reliability of the photographs, nor can photo123 ensure that all persons depicted in the photographs have consented to the display of their image on this Website. If your photograph appears on this Website without your consent and you wish to have it removed, please email us directly at infos@photo123.com.au with your request. In addition, photo123 is unable to make representations or warranties as to the functionality of this website, whether it is free of errors, and whether the server hosting the website is free of viruses and other harmful material. Accordingly, you acknowledge that your use of this website is at your own risk. photo123, and its officers, directors, employees, subsidiaries, affiliates, licensors and representatives, will not be responsible or liable for any damages of any kind including, without limitation, lost business or profits, direct, indirect, incidental, consequential, compensatory, exemplary, special or punitive damages that may result from your access to or use of either this website or the photographs.
4. Indemnification
In the event that you reproduce, display, transmit, distribute or otherwise exploit the photographs or Prints, or any portion thereof, in any manner not authorized by photo123, or if you otherwise infringe any intellectual property rights relating to the photographs, Prints or this Website, you agree to indemnify and hold photo123, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including reasonable attorneys' fees, incurred by them as a result of unauthorized use of the photographs or Prints and/or your breach of this terms of this Agreement.
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