terms and conditions

DARVIDART PHOTOGRAPHY WEB SITE TERMS AND CONDITIONS OF USE

Please read these general Terms and Conditions of use carefully before using this web site. Your use of this web site constitutes your agreement to be bound by these Terms and Conditions. If you do not agree with any of these Terms and Conditions, please do not use this web site.


1 Definitions

'Site' - this web site
'User' - you, the user of this web site
'Content' - all content, information and software provided on and through this web site
'Linked Sites' - web sites linked to from this web site
'Linked Material' - all content, information and software provided on and through web sites linked to from this web site
'Trade Marks' - any trade marks, logos and service marks
‘Postings’ - posted, published, or uploaded messages, data, information, text, graphics, links or other material


2 Exclusion of warranty

2.1 DarvidArt does not make any express or implied warranties, representations or endorsements whatsoever in relation to the Site and the Content or any information provided through the Site or through any Linked Sites.

2.2 The Site and Content are provided on an 'as-is, as-available' basis and DarvidArt:

  1. does not guarantee that the Content or Linked Material is accurate, definitive, reliable, complete, up-to-date or will meet the User's requirements; and
  2. to the extent permitted by law, makes no warranty or representation as to the quality of the Site, Content or Linked Material or any information, products or services provided through the Site or the Linked Sites.

3 Copyright and trade marks

3.1 DarvidArt has and retains copyright in all Content contained on the Site and in the selection, arrangement and presentation of this Content (including information in the public domain) and overall design of the Site.

3.2 You may not reproduce any portion of the Content on the Site without the consent of the copyright owner.

3.3 DarvidArt does not retain copyright in any third party material contained on Linked Sites or in any third party material which appears on the Site with the consent of the copyright owner. DarvidArt does not:

  1. warrant or represent that Linked Material does not infringe the intellectual property rights of any third party; or
  2. authorise the infringement by any person of any intellectual property rights of any third parties contained in Linked Material.

3.4 The Trade Marks displayed on the Site to describe companies and their products are the registered and unregistered Trade Marks of DarvidArt and other third parties. Nothing contained on the Site or in these Terms and Conditions should be construed as granting, by implication or otherwise, a licence or any right to any party to use the Trade Marks without the written permission of DarvidArt or such third party that may own the Trade Marks. The use of the Trade Marks displayed on the Site except as provided for in these Terms and Conditions is strictly prohibited.

3.5 Framing of the Site or any part of the Site is not permitted without express permission.


4 Links to other web sites

4.1 The Site contains links and references to web sites maintained by organisations that may have no commercial or other relationship with DarvidArt. The Linked Sites and references have been included for interest and convenience purposes only for visitors to the Site and DarvidArt:

  1. does not sponsor, endorse or approve of the views expressed on the Linked Sites or the products and services available on the Linked Sites;
  2. does not guarantee that the information on the Linked Sites is accurate, reliable, definitive, complete or up-to-date; and
  3. makes no warranty or representation as to the quality, merchantability or fitness for purposes of any Linked Material.

4.2 DarvidArt reserves the right at its absolute discretion and without notice to remove any links to or frames of other web sites.


5 Viruses, errors, defects, security and interruptions

5.1 The User should be aware that access to the Site and Linked Sites is affected by matters beyond DarvidArt's control. DarvidArt does not guarantee that the files contained in the Site, Linked Sites or the servers on which the Site or Linked Sites are hosted is unaffected by viruses, errors, defects or will be accessible to Users on a continuous or uninterrupted basis.

5.2 DarvidArt does not guarantee that any viruses, errors or defects discovered to exist on the Site, Linked Sites or the servers on which they are hosted will be corrected. Users of the Site and Linked Sites do so at their own risk.

5.3 DarvidArt does not guarantee that personal or confidential information provided by Users to the Site is secure. Users of the Site acknowledge that personal or confidential information submitted to the Site is sent at the User's own risk.


6 Limitations on liability

6.1 To the maximum extent permitted by law, in relation to use of or reliance on the Site, Linked Sites, the Content or Linked Material, or the inability to use or rely on the Site, Linked Sites, the Content or Linked Material, DarvidArt:

  1. excludes all liability to third parties; and
  2. will not be liable for any incidental, indirect, special or consequential damages whatsoever, including (but not limited to) damages for loss of business or other profits, business interruption or loss of programs or information, even if DarvidArt has notice of the possibility of such damage.

6.2 The User acknowledges that the use of this Site is done at the User's own discretion and risk and with the User's agreement that it will be solely responsible for any damage to the User's computer system or loss of data that results from these activities.


7 Postings in interactive areas of the Web Site

7.1 Users participating in interactive areas on this Web Site, shall not post, publish, upload or distribute any Posting which is unlawful or abusive in any way, including but not limited to any Postings that are defamatory, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any state, federal or international law.

7.2 Users participating in interactive areas shall not misrepresent their identity or their affiliation with any person or entity.

7.3 DarvidArt has no obligation to edit, monitor or screen Postings and is not responsible for the content in such Postings or any content linked to from such Postings. Notwithstanding the foregoing DarvidArt reserves the right to examine from time to time, interactive areas for adherence to these Terms and Conditions and to remove any materials that may be objectionable or violate these Terms and Conditions.

7.4 Useers shall not include in Postings or otherwise distribute on or through this Web Site any content or material containing any advertising, promotion, solicitation for goods, services or funds or solicitation for anyone to become members of any commercial enterprise or organisation without the express written permission of the DarvidArt. Any unauthorised use of any interactive area of this Web Site, its Content or Postings is expressly prohibited.


8 Exclusion

These Terms and Conditions are subject to any terms and conditions that cannot be excluded by law, including without limitation, those implied by the Trade Practices Act 1974 (Cth). In the event that DarvidArt is liable for any damages arising out of the use of (or inability to use) the Site, liability is limited to the greatest extent permitted by law.


9 Updating or modification of terms and conditions

DarvidArt may at any time and without notice or liability to Users amend, revise or update these Terms and Conditions by posting revised Terms and Conditions on the Site. Your continued use of the Site constitutes acceptance of these revised Terms and Conditions.