blacksun.photography
ABN: 21 845 774 077
Terms & Conditions
Please read these Terms & Conditions carefully before accessing or using this
website (the "Site").
Acceptance of Terms
By accessing or using this Site in any way, you agree to and are bound by the terms
and conditions set forth in this document and in any changes hereto that blacksun.photography
may publish from time to time (collectively, the "Terms & Conditions"). If you
do not agree to all of the terms and conditions contained in the Terms of Use, do
not access or use this Site.
blacksun.photography may change these Terms & Conditions and other guidelines
and rules posted on the Site from time to time. Your continued access or use of
the Site constitutes your acceptance of such changes. Your access and use of the
Site will be subject to the current version of the Terms & conditions, rules
and guidelines posted on the Site at the time of such use. Please regularly check
the "Terms" link on the home page of blacksun.photography to view the then-current
terms. If you breach any of the Terms & Conditions, your license to access or
use this Site shall automatically terminate.
Intellectual Property; Limited Licence to Users
- All images and other content on this Site (collectively the "Content"), as well
as the selection and arrangement of the Content, are protected by copyright, trademark,
patent, trade secret and other intellectual property laws and treaties (collectively,
"Intellectual Property Laws"). Any unauthorized use of any Content may violate such
laws and the Terms & Conditions. Except as expressly provided herein, blacksun.photography
does not grant any express or implied permission to use any Content. You agree not
to copy, republish, frame, link to, download, transmit, modify, or adapt create
derivative works based on display or reverse engineer the Site or any or the Content.
In addition, you agree not to use any data mining, robots or similar data and/or
image gathering and extraction methods in connection with the Site or Content.
blacksun.photography Trademarks
- For the purposes of these Terms of Use, the term, "Trademark(s)" means all common
law or registered trademarks, logos, service marks, trade names, Internet domain
names, or other indications of origin now or in the future used by blacksun.photography.
- Nothing contained herein grants or shall be construed to grant you any rights to
use any blacksun.photography Trademark, unless expressly conferred by these Terms
& Conditions.
- You agree that you will not use blacksun.photography's Trademarks in any manner
that might tarnish, disparage, or reflect adversely on such Trademarks or blacksun.photography.
- You agree that you will not contest or otherwise challenge (e.g., in any legal action
or otherwise), or assist or encourage any other person or entity to contest or challenge,
the validity of any of blacksun.photography Trademarks or the Trademark rights claimed
by blacksun.photography.
- You agree that you will not use any blacksun.photography Trademark or any variant
thereof including misspellings) as a domain name or as part of a domain name regardless
of the top-level domain, or as a metatag, keyword, or any other type of programming
code or data.
- You may not at any time, adopt or use, without blacksun.photography's prior
written consent any word or mark which is similar to or likely to be confused with
blacksun.photography's Trademarks.
- The look and feel of the blacksun.photography website, including all page headers,
custom graphics, button icons, and scripts, is the trade dress and/or trademark
or service mark of blacksun.photography and may not be copied, imitated or used,
in whole or in part, without the prior written consent of blacksun.photography.
- All other trademarks, product names, and company names or logos used or appearing
on the blacksun.photography website are the property of their respective owners.
Reference to any products, services, processes or other information, by trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by blacksun.photography, unless expressly
so stated.
- You may not use a blacksun.photography trademark, logo, Image or other proprietary
graphic of blacksun.photography to link to the blacksun.photography website without
the prior written consent of blacksun.photography.
- You may not frame or hotlink to the blacksun.photography website or any Image without
the prior written consent of blacksun.photography.
Limitations
You agree that you shall not:
- Engage in any conduct that shall constitute a violation of any law or that infringes
the rights of blacksun.photography or any third party.
- Violate any applicable laws or regulations related to the access to or use of the
Site, or engage in any activity prohibited by the Terms & Conditions.
- Violate the rights of blacksun.photography or any third party (including rights
of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use of Content
- Certain Content will only be made available to users who pay blacksun.photography
a fee for such Content or other use agreement for that particular Content. Unless
you enter into an agreement with blacksun.photography you may not download, distribute,
display and/or copy any Content.
- You may not remove any watermarks or copyright notices contained in the Content.
- You may not scan, copy or otherwise reproduce Content (paid or unpaid) for any purpose
without the express permission of blacksun.photography.
- blacksun.photography reserves the right to revoke this license at any time for any
reason.
Links to third Party Sites
In the event that blacksun.photography provides links from its website to any third
party website or permits any third party to link from its website to the blacksun.photography
website, you should be aware that blacksun.photography makes no warranty of any
kind, express or implied, and accepts no repsonsibility for any content or practices
of suck third parties or their websites. Such websites are not under the control
of blacksun.photography, and blacksun.photography provides and/or permits these
links only as a convenince to you. The inclusion of any link does not imply affiliation,
endorsement, or adoption by blacksun.photography.
WARRANTIES AND DISCLAIMERS
The site, services and materials, are provided by blacksun.photography under the
Terms & Conditions "AS IS" without warranty of any kind, either express, implied,
statutory or otherwiese, including, but not limited to, the implied warranties of
title, non-infringement, merchantability or fitness for a particular purpose. Without
limiting the foregoing, blacksun.photography makes no warranty that: 1) the site
will meet your requirements; 2) access to the site will be uninterrupted; 3) the
quality of the site will meet your expecations; and 4) any errors or defects in
the site, services or materials will be corrected.
Personal Information and Privacy
blacksun.photography will use and protect your data, such as your name and address,
in accordance with the blacksun.photography
Privacy Statement, the contents of which are incorporated by reference into
these Terms & Conditions.
Indemnification
You agree to defend, indemnify and hold harmless blacksun.photography, its subsidiaries,
affiliates, licensors, employees, agents, third party information providers, authors
and independent contractors against any claims, damages, costs, liabilities and
expenses (including, but not limited to, reasonable legal fees) arising out of or
related to your conduct, your use or inability to use the blacksun.photography website,
your breach or alleged breach of the Website Terms & conditions or of any representation
or warranty contained herein, your unauthorized use of the blacksun.photography
images, or your violation of any rights of another.
Governing Law and Jurisdiction
This agreement is governed by and shall be construed in accordance with the laws
of the State of Tasmania, Australia. You hereby consent to the personal jurisdiction
of the state and federal courts located within such state. All actions, controversies
and disputes arising from or relating to this agreement shall be heard and decided
exclusively before the courts located within the State and City of Launceston and
not elsewhere. You agree that service of process in any actions, controversies and
disputes arising from or relating to these Terms of Use may be effected by mailing
a copy thereof by registered or certified mail (or any substantially similar form
of mail), postage prepaid, to the other party however, nothing herein shall affect
the right to effect service of process in any other manner permitted by law. This
agreement shall be construed neither against nor in favor of any party, but rather
in accordance with the fair meaning of the language hereof. The invalidity or unenforceability
of any part of this agreement shall not affect the validity or enforceability of
the balance hereof.