Periwinkles Photography Terms and Conditions

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site, you agree to and are bound by the terms and conditions set forth in this document and in any changes that PERIWINKLES PHOTOGRAPHY may publish from time to time. 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.
PERIWINKLES PHOTOGRAPHY may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link to view the then-current terms. If you breach any of the Terms of Use, your authorisation to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilise, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall NOT:
Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others. Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any PERIWINKLES PHOTOGRAPHY server or to the Site without authorisation from PERIWINKLES PHOTOGRAPHY, whether through hacking, password mining or any other means. Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material. Access or attempt to access any Material that you are not authorised to access or Materials through any means not intentionally made available through the Site or Services. Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials. Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party. Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites. Transmit unsolicited or bulk communications to any PERIWINKLES PHOTOGRAPHY account holder or to any PERIWINKLESPHOTOGRAPHY.com.au or affiliated e-mail address. Post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms. Create a false identity for the purpose of misleading others. Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner. Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services. Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
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 of Use. Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable. Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party. Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
Violate the rights of PERIWINKLES PHOTOGRAPHY or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by PERIWINKLES PHOTOGRAPHY. When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services.
Certain Services and Materials will only be made available to users who have paid PERIWINKLES PHOTOGRAPHY a fee for such Services and Materials. Such users may additionally be required to enter into a subscription agreement or other use agreement for that particular Service or Material.
PERIWINKLES PHOTOGRAPHY, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. PERIWINKLES PHOTOGRAPHY may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as PERIWINKLES PHOTOGRAPHY deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorised use of your account or any other breach of security, you shall notify PERIWINKLES PHOTOGRAPHY immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to PERIWINKLES PHOTOGRAPHY’s display of such information via such Services or Materials and accept all risks of unauthorised access to such information.

RESTRICTION AND TERMINATION OF USE PERIWINKLES PHOTOGRAPHY may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in PERIWINKLES PHOTOGRAPHY's sole discretion, without prior notice or liability to you.

LINKS TO THIRD PARTY SITES The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by PERIWINKLES PHOTOGRAPHY to you as a convenience and the inclusion of the links do not imply any endorsement by PERIWINKLES PHOTOGRAPHY of any Linked Site. PERIWINKLES PHOTOGRAPHY has no control of the Linked Sites and you therefore acknowledge and agree that PERIWINKLES PHOTOGRAPHY is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that PERIWINKLES PHOTOGRAPHY is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

WARRANTIES AND DISCLAIMERS THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY PERIWINKLES PHOTOGRAPHY UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PERIWINKLES PHOTOGRAPHY MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. PERIWINKLES PHOTOGRAPHY MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND PERIWINKLES PHOTOGRAPHY MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

LIMITATION OF LIABILITY IN NO EVENT SHALL PERIWINKLES PHOTOGRAPHY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF PERIWINKLES PHOTOGRAPHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, USER MATERIALS OR OTHER DATA; (5) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (6) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (7) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (8) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (9) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

NOTIFICATION OF COPYRIGHT INFRINGEMENT PERIWINKLES PHOTOGRAPHY will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site or in connection with the Services or Materials, please provide, written notification of claimed copyright infringement to :
info@PERIWINKLESPHOTOGRAPHY.com.au
A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed; A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled; A description of where the content that you claim is infringing is located on the PERIWINKLES PHOTOGRAPHY site; Information sufficient to permit PERIWINKLES PHOTOGRAPHY to contact you, such as your physical address, telephone number, and e-mail address; A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law; A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorised to act on the copyright owner's behalf.