thurstonphoto.com Terms of Use

THIS AGREEMENT GOVERNS YOUR USE OF THE THURSTON PHOTO WEBSITE. TO LEARN ABOUT USAGE RIGHTS FOR OUR ROYALTY-FREE IMAGES, PLEASE REFER TO THE "DOWNLOADING TERMS AND LICENSING AGREEMENT".

This Web site is owned and operated by Thurston Photo. Access and use of this Web site is provided by Thurston Photo to you on condition that you accept these Terms of Use, and by accessing or using this Web site, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Web site.

Thurston Photo may revise and update these Terms of Use at anytime and without notice. You are cautioned to review the Terms of Use posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

Use of the Site

This Web site and its contents (the "Content") are intended for customers of Thurston Photo. You may not use this Web site or the Content for any purpose not related to your business with Thurston Photo. You are specifically prohibited from: (a) unauthorised downloading, copying, or re-transmitting any or all of the Web site or the Content without, or in violation of, a written license or agreement with Thurston Photo; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Web site or the Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Thurston Photo product or service if you are not expressly authorized by such party to do so; and (e) using the Web site or the Content other than for its intended purpose.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the “Materials”) are the property of Thurston Photo and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights.

Unless you have entered into a separate agreement with Thurston Photo, such as a Royalty Free License Agreement, any other use of these Materials without Thurston Photo's written permission is strictly prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

© 2015 Thurston Photo. All rights reserved.

Privacy

Thurston Photo is committed to respecting the privacy of the personal information of the individuals with whom we interact. Please see our Privacy Policy for further details.

Currency of Web site

Thurston Photo updates the information on this Web site regularly. However, Thurston Photo cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. Thurston Photo may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that Thurston Photo monitors or endorses these Web sites. Thurston Photo does not accept any responsibility for such Web sites. Thurston Photo shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Web Site and Materials Provided "As Is"

THIS WEB SITE AND THE CONTENT IS PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THURSTON PHOTO DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Limitation of Liability

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEB SITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL THURSTON PHOTO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEB SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEB SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) AUSTRALIAN DOLLARS.

Indemnification

You agree to indemnify and hold Thurston Photo harmless against all claims or liability asserted against Thurston Photo arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Use.

Feel free to email Thurston Photo at pt@thurstonphoto.com. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Thurston Photo is not liable for any damages related to communications to or from this Web site. You agree with respect to any information provided by you to us through this Web site or via e-mail that:

  • Thurston Photo has no obligation concerning such information;
  • the information is non-confidential;
  • Thurston Photo may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  • the information is truthful and disclosure of the information does not violate the legal rights of others.

General

Thurston Photo’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

If any provision or part thereof of these Terms of Use is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.

The parties have requested that these Terms of Use and all documents relating thereto be drawn up in English.

Contact

If you have concerns relating to this web site or these Terms of Use, please contact Thurston Photo at pt@thurstonphoto.com

 

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