What are your Terms of Sale?

www.capturingsunrise.com terms and conditions

• Licence and non-assignable right to use the Licensed Photograph(s) on the Product(s) as outlined in the Purchase Form. Your Products will be delivered in accordance with the terms of the separate contract of sale agreed between You and Capturing Sunrise.com in accordance with the Capturing Sunrise Product Purchase Policy.

• You may not alter, crop, copy, scan, manipulate or otherwise modify the Licensed Photograph(s).

• You may not incorporate the Licensed Photograph(s) (or any part of them) into a logo, trade mark, service mark or other corporate insignia.

• You may not sub-licence, resell or otherwise make available to any third party for use or distribution, the Licensed Photograph(s).

• You may not use the Licensed Photograph(s) in a pornographic, defamatory, fraudulent, lewd, obscene or otherwise illegal manner, including but not limited to infringing any third party Intellectual Property Rights or privacy rights, whether directly or indirectly or in conjunction with other materials.

• If Your approved use of the Licensed Photograph(s) or Products includes any editorial or commercial uses, You must include a copyright notice and photo credit adjacent to each Licensed Photograph or Product (in the format “© photographer’’s name/CapturingSunrise.com” with each publicly distributed Licensed Photograph or Product.

• CapturingSunrise.com may notify You that the Licensed Photograph(s) are no longer available for use under this Agreement and upon such notification the Licence granted herein shall automatically and immediately terminate. Your sole remedy for recalled Licensed Photograph(s) shall be, at CapturingSunrise.com’s discretion, the replacement of such recalled Licensed Photograph with another Licensed Photograph or refund of the Licence Fee or portion of such Licence Fee to the extent attributable to such recalled Licensed Photograph.

• You must comply with any restriction on use or other reasonable direction notified to You by CapturingSunrise.com before, after or at the time of delivery of the Products.

• The copyright in the Photograph(s) remains the property of either CapturingSunrise.com or the Contributors (as the case may be) with the latter represented by CapturingSunrise.com at all times.

Warranty and limitation of liability

• CapturingSunrise.com makes no warranty, express or implied, in relation to the Licensed Photograph(s) or the Products including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Neither CapturingSunrise.com nor its Contributors shall be liable to You or any other person or entity by reason of any representation (unless fraudulent) or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Agreement for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of CapturingSunrise.com, its servants or agents or otherwise) which arises out of or in connection with this Agreement. CapturingSunrise.com’s maximum liability arising out of or in connection with Your use of or inability to use the Licensed Photograph(s) or Products (whether in contract, tort or otherwise) shall, to the extent permitted by law, be limited to the Licence Fee paid by You for the relevant Licensed Photograph(s).
Licence to use the content on the Website

• You acknowledge that the Website, the Service and all related content, including the CapturingSunrise.com trade mark and associated logos and slogans, and any software, are subject to copyright and other intellectual property rights including trade mark rights (Intellectual Property Rights). You acknowledge that all Intellectual Property Rights are owned by CapturingSunrise.com, or have been licensed to CapturingSunrise.com, and that you shall have no interest whatsoever in the Intellectual Property Rights other than as expressly granted to you in this document, an applicable membership agreement, or otherwise in writing duly signed by us.

• Subject to the terms of any applicable membership agreement or purchase contract entered into by you, we grant you a limited, non-transferable licence to access and use the Website and the Service for purposes relating to the CapturingSunrise.com and:

• in the purchase of photos at a minimal cost – for your personal, non-commercial purposes only;

• in the case of customers or licensees – for the purposes of viewing, selecting, requesting and obtaining licences for digital photographs from the Website, including any consequential commercial purposes;
and only for these purposes. If you wish to use the Website and the Service for any other purpose, you must first obtain the prior written consent of CapturingSunrise.com.

• We (or our licensors) retain all right, title, and interest in and to the Website, the Service and all related content, and nothing you do on or in relation to the Website, the Service or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), licence you to exercise any Intellectual Property Rights unless this is expressly stated.

• Except as provided in these terms and conditions:

• printing, reproducing by electronic or other means, downloading, retransmitting or otherwise copying or making available to the public the Website, the Service or any related content in whole or in part for any other purpose; or

• using any trade mark appearing on the Website or as part of the Service, or any substantially identical or deceptively similar trade mark;
 is expressly prohibited, unless prior written consent is obtained from us, which may be refused in our absolute discretion and without giving reasons. You may contact us at [email protected] if you wish to request such consent.

• Subject to applicable law, we may revoke the permission referred to in paragraph(s) (b) and (d)at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Service without notice.

Indemnity

You agree to defend, indemnify and hold harmless us from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website or the Service or resulting from, or alleged to result from, your use of the Website or the Services, a breach of your representations and warranties in clause 6 (Your representation and warranties), or your violation of any of these terms and conditions.
Use of the Site is at your own risk

• You use the Website at your own risk.

• If your use of the Website or the Service results in the need for servicing or replacing property, material, equipment or data (including User Content and digital photographs), we will not be responsible for such costs.

• Without limiting the above provisions, to the extent permitted by law, everything on the Website and in relation to the Service is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law.
Limitation of liability

• To the maximum extent permitted by law:

• we have no liability to you, whether for breach of these terms, in negligence, in any other tort, in
equity or for any other common law or statutory cause of action arising in relation to these terms, the Website, the Service or any related content;

• we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data (including loss of any digital photographs uploaded by you to the Website), loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Website, the Service or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we know of the possibility of such damage; and

• our liability for breach of any implied warranty or condition which cannot be excluded is limited at our option to the following:

• in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the
repair of such goods; © the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and

• in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.

• Subject to our obligations under any implied conditions and warranties referred to in paragraph (a)(iii), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (a)(iii).
Variation of the Website and Services
You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Service and you agree that we are not liable to you or any third party for such variation, modification or discontinuance. It is intended that members will receive notification of new releases and major modifications to the operation of the site as and when they occur from time to time.

Privacy policy

In using the Website and the Service, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to collect and use your personal information in accordance with the services we offer you.

General

• If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.

• These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia and waive any right to claim that the courts exercising jurisdiction there constitute an inconvenient forum.

• These terms and conditions (and any additional agreements located on the Website and entered into on their terms) constitute the entire agreement between us and you in relation to the Website and your use of the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.

• Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices or emails. Further, you note that any reference found on this Website to ‘written notice’ shall include the provision of such notice by email.