Digital Photographic Services

Terms and Conditions

Welcome to the Photogenic internet service ("Service") provided to you by Photogenic Pty Limited, ABN 28 065 251 434 , Shop 5 314-322 Darling St Balmain, 2041 New South Wales, Australia. When you register as a member of the Service, you agree to be bound by the Terms and Conditions of the Service which are set out below. These Terms and Conditions may be updated or changed from time to time and you should therefore check them periodically.

Please read these Terms and Conditions carefully. You must comply with these Terms and Conditions to use the Service. By entering and using the Service, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and Photogenic that you will comply with the Terms and Conditions and use the Service only in a manner consistent with these Terms and Conditions. If you do not agree with these Terms and Conditions, do not access this Service or use any of its services.

1. Your Copyright
Generally under copyright laws the owner of the copyright in images or photographs is the person who created the images or took the photographs. You represent and warrant to us that you are the owner of the copyright or have the express permission of the owner of the copyright in the images or photographs which you submit to the Service via upload by you at home.

We claim no ownership rights in any images or photographs submitted to the Service. Solely for the purpose of enabling your images or photographs to be uploaded and made available on the Service and to fulfill print orders made for your images and photographs you grant to us and to any store which you have requested upload your images or photographs to the Service or which fulfills print orders of your images or photographs, a perpetual worldwide non-exclusive transferable royalty-free copyright licence to copy, reproduce, display, modify, adapt or alter, transmit, communicate to the public and distribute your images or photographs.

You acknowledge that we have no control over the use of your images or photographs and shall not be held liable for any use, publication or copying of your images and photographs. You waive all rights of action or other claims you may have against us in respect of any such use, publication or copying.

2. Intellectual Property Rights
Any trademarks, trade names or logos displayed on this site are the property of their respective owners and must not be used in any manner without the prior written consent of the owner.

You should assume that all of the content made available to you through this Service, including photographic images, is owned by third parties and is protected by copyright or other proprietary rights.

3. Altering Terms and Conditions
We reserve the right to alter these Terms and Conditions at any time without notice to you. We will not be held responsible for any costs incurred by a Member as a consequence of these Terms and Conditions changing.

4. Materials and Content Not Permitted on this Service
You are hereby advised that any image or photograph submitted by you to the Service is subject to our review.

We reserve the right at our sole and absolute discretion to refuse to display and to remove images or photographs from the Service deemed to be objectionable by us or considered by us contrary to applicable laws.

Any perceived violations of laws including laws relating to child pornography, child abuse and animal abuse will be reported by us to law enforcement authorities if in our sole judgment such images are in violation of applicable laws.

Without limiting the above in any way, you are not permitted to post, upload, email or transmit or request the uploading of any image or photograph the content of which:-

• is, or we believe is offensive, personally offensive, defamatory, abusive, obscene, upsetting, menacing, threatening, harassing, pornographic, of an adult or sexual nature or, in any way unsuitable for persons under the age of 18 years;
• is illegal under any law or regulation at any place where images or photographs are posted or uploaded from and / or viewed, and / or received, or infringes any industry code of conduct;
• is copyrighted content or material that is used without the express permission of the owner or which infringes the intellectual property rights of any person;
• in our opinion reflects badly on the Service.

Further, you are not permitted to use the Service:-

• to engage in any activities in such a manner as to expose us, or any other third person who is involved in making the Service available to you, to liability or adversely affecting the name, reputation or business or us or any such third person;
• to do any act that may damage or interfere with the Service network or systems or cause the quality of the Service to be impaired;
• to commit a crime or in the course of committing a crime or for an unlawful purpose to do any act that may damage the network or systems or cause the quality of the Service to be impaired.

5. Disclaimer of Warranty and Limitation of Liability
This statement is not intended to exclude or limit any rights which you may have under the Commonwealth Trade Practices Act or equivalent State Laws.

To the extent permitted by law, the Service and all products and services provided by us are provided "as is" with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability and fitness for a particular purpose are expressly disclaimed.

Your accessing or use of the Service is at your own risk. The Service is not warranted to be error free or uninterrupted. We disclaim any warranties for the security, reliability, timeliness and performance of the Service. Neither we nor any other person involved in the creation, provision or maintenance of the Service shall be responsible for interruption of the Service, linkage to any third party sites, damage to your computer, damage to other property or loss of data resulting from your access to or use of this Service.

In the event of any loss, damage or mishandling of your film or digital image by us, our affiliates, agents or employees even where due to negligence or other fault or if unauthorised access is gained or misuse of an image is made by any third party our liability shall be limited, at our option, to replacement of an equivalent amount of unexposed film and processing, uploading to the Service, reprinting an image for you or refund of any monies paid by you to us. This is your exclusive remedy for any loss, damage or mishandling.

Except as expressly provided in the immediately preceding paragraph to the fullest extent allowed by the law neither we, nor any other person involved in the creation, provision or maintenance of the Service, shall be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of this Service.

6. Governing Law
This agreement shall be governed by the laws of the State of New South Wales, Australia and the parties submit to the jurisdiction of the Courts of New South Wales, Australia.

7. Severability
If any court of competent jurisdiction finds any provision or part thereof of this agreement to be illegal, invalid or unenforceable that provision or part thereof shall be severed from this agreement and the remaining terms and provisions of this agreement shall remain in force and constitute the agreement between us.

8. Entire Agreement
These Terms and Conditions constitute the entire agreement between us with respect to the use of the Service.

9. Waiver
The failure by us to enforce any right or provision of this agreement will not constitute a waiver of the right or provision.

10. Privacy
The privacy of your personal information is important to us. We may collect your personal information, including your name, address, billing and delivery information, email address, gift recipient information and credit card details.

We will use this information to provide the service requested by you; process, fulfil and follow up on your orders or queries and create and maintain your account. We may use this information to provide you with information on your account and the products or services you purchased from this Service. We may also send you promotional information and/or special offers about products and services which we think may be of interest to you, unless you indicate that you do not wish to receive such promotional information.

We will not sell or give out to any other party your personal information.

11. Definitions
In these Terms and Conditions the following expressions shall have the following meanings unless otherwise stated:-

"we" or "us" means Photogenic Pty Limited including, its employees, agents or sub-contractors.