we aim to keep correspondence to a minimum, hence our agreements are
simple and rely on both parties to be fair and reasonable. No huge
legal contracts, just a simple Licence Agreement which, as it states,
depends on both of us to honor the spirit of mutual assistance and
professionalism on which the agreement has been based.
Image Library Terms and Conditions:The photo library of Kirklandphotos.com contains images, text and data.
The full terms and conditions of your license for the use images, text or data from Kirklandphotos.com are outlined below.
Agreement to these terms and conditions will result in the granting of a non-exclusive right to use the selected image, text or data for the permitted purpose.
This license will terminate immediately upon the expiry of the agreed term of use, or upon breach of the terms and conditions.
By down loading, or otherwise making use of, any of the content on the Kirklandphotos.com website you expressly agree to be bound by the terms and conditions.
You agree to indemnify Kirklandphotos.com against all actions, suits, claims, demands and costs.
Kirklandphotos.com is the owner of all copyrights and intellectual property rights in all content contained on Kirklandphotos.com unless otherwise noted in the description of the material.
You agree to pay Kirklandphotos.com any fees associated with use of Kirklandphotos.com¹s Online Library. All invoices must be paid in Australian dollars.
It is your responsibility to provide Kirklandphotos.com with details of how the material will be used.
TERMS AND CONDITIONS FOR USE
1. TERMS AND CONDITIONS
(a) In these terms and conditions, we or us means Kirklandphotos.com trading as Frontier Publications, PO Box 4667 Coorparoo, Brisbane,Queensland Australia 4170.
(ii) will prevail over these terms and conditions to the extent of any inconsistency.
Kirklandphotos.com shall use its best endeavours to supply to you such
materials as you may require to exercise the rights granted. You must warrant
that such copies shall be used only within the production, and the use
in any other context without the permission of Kirklandphotos.com is
3. INTELLECUTAL PROPERTY RIGHTS
4. CONTENT OF SITE
(a) We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
(b) You acknowledge that the Content on the Site is liable to change at any time.
(c) All prices quoted on the Site are in Australian dollars, unless otherwise indicated.
(d) Prices quoted on the Site should be used as a guide only as they may change from time to time.
5. YOUR USE OF THE SITE
(a) You must not:
(i) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(ii) reproduce any Content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;
(iii) violate any Applicable Law relating to your use of the Site; or
(iv) collect or store personal data about other users of the Site.
(b) In these terms and conditions, Applicable Law in relation to any person, action or thing means the following inrelation to that person, action or thing:
(i) any law, rule or regulation of any country (or political sub-division of a country);
(ii) any obligation under any licence in any country (or political sub-division of a country); and
(iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
6. LINKS AND ADVERTISEMENTS
(a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. We do not accept any responsibility or liability for any claims arising out of the descriptions or information supplied to us.
(a) During your use of the Site, we may issue to and request from your computer
blocks of data known as "cookies". By using this site you authorise
us to issue such cookies to your computer. You must not alter any cookies
sent to your computer from the Site and you must ensure that your computer
sends correct and accurate cookies in response to any relevant request from
8.USE OF THE SITE IS AT YOUR RISK
(a) Subject to paragraph (b), you use the Site at your risk and everything on the Site 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 any Applicable Law.
(b) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (a) but allows limitations of a certain maximum extent then we limit our warranties to that extent.
9. LIMITATION OF LIABILITIES
(a) To the extent permitted by law our aggregate liability to you, whether
for breach of these terms or in negligence or in any other tort or for any
other common law or statutory cause of action arising in relation to these
terms, the Site or the Content is limited to the following, the choice
(i) In the case of goods any one or more of the following:
(A) the replacement of the goods or the supply of equivalent goods;
(B) the repair of the goods;
(C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D) the payment of the cost of having the goods repaired; or (ii) in the case of services:
(A) the supply of the services again; or
(B) the payment of the cost of having the services supplied again. (b)
To the extent permitted by law we will not be liable for any direct, incidental,
consequential or indirect damages, loss or corruption of data, loss of
profits, goodwill, bargain or opportunity or loss of anticipated savings
resulting from your access to, or use of, or inability to use the Site
and the Content, whether based on warranty, contract, tort, negligenceor
any other legal theory, and whether or not we know of the possibility of
(c) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
10. GENERAL PROVISIONS
(a) If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
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