TERMS AND CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
1. GENERAL
1.1 These Terms and Conditions of Use (the Terms) govern your use of our website located at www.wallabums.com.au (the Site) and form a binding contractual agreement between you, the user of the Site and us, Sharon Lee Kelly ABN 88 942 387 619 trading as Wall Albums (Wall Albums). For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site and Services.
1.2 By viewing or browsing the Site, or by using the Services, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them. If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site.
2. DEFINITIONS
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Wall Albums to you through the Site.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Services mean the online platform provided by Wall Albums through the Site allowing Users to upload photos and order wall albums. This includes Services currently offered by Wall Albums and any Services or products that Wall Albums may choose to offer in the future.
Site means www.wallalbums.com.au and subsidiary websites or URLS associated to it.
User means a person who has gained access to the Site.
User Content shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, or any other files) uploaded by a User through the Service or otherwise integrated into the Service by a User.
You means you, the User.
Us, We, Our means Sharon Lee Kelly ABN 88 942 387 619 trading as Wall Albums.
3. ACCESSING THE SITE
3.1 You acknowledge and agree that although Wall Albums will use reasonable efforts to ensure that the Site and Services are available, temporary interruptions of the Services available through the Site may occur. As such, the Services available on the Site are provided to you on an “AS IS” basis and Wall Albums is not liable to you for any temporary interruption in the Services.
3.2 We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.
4. SECURITY
4.1 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
4.2 All information we obtain about you in connection with your use of the Site and Services is subject to our Privacy Policy.
5. PAYMENTS
5.1 All payments made are non-refundable.
5.2 Wall Albums may provide you with the ability to pay the subscription fees through a service such as Paypal, Google Checkout, or another third party service. All payments made through these third parties are subject to the third party’s Terms of Service, and Wall Albums will not be responsible for anything contained therein. You are responsible for payment of any taxes associated with payments.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Wall Albums’ Intellectual Property Rights
(a) Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.
(b) Wall Albums is the owner and retains all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property Rights, excluding User Content. You are permitted to use the Site and its Content only as authorised by us. As a Commercial User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site to create, display, use, play, and download videos subject to the terms of this Agreement.
(c) Wall Albums Intellectual Property must not be used in connection with a product or service that is not affiliated with Wall Albums or in any way brings Wall Albums in disrepute.
(d) You hereby grant Wall Albums a non-exclusive, royalty-free, perpetual license to use, copy, create, modify, display and host your User Content solely to the extent necessary for Wall Albums to provide the Services, including for use in Wall Albums marketing.
(e) You hereby grant regular users a non-exclusive, royalty-free, perpetual licence to display, play, and otherwise distribute User Content.
6.2 Third Party Intellectual Property Rights
Unless expressly stated, all persons, third party trade marks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.
6.3 User Content
(a) In using the Services and making orders, you will be able to use your own photos, graphics, text, or video segments via uploading User Content to the Site.
(b) You must not add any Content to the Site:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that is unsolicited, undisclosed or unauthorised advertising;
(v) that is provocative or sexual, violent, offensive, obscene or indecent material, nudity or semi-nudity (including minors), bigotry, racism, hatred, profanity or obscenities, firearms or pharmaceutical products, images that depict illegal conduct, culturally or socially insensitive images, and any other such content that is not acceptable for persons under 18 years of age;
(vi) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vii) that would bring us, or the Site, into disrepute; or
(viii) that infringes the Intellectual Property or other rights of any person.
(c) You agree to keep all records necessary to establish that your User Content does not violate any of the requirements under clause 6.3(b) and make such records available upon our reasonable request.
(d) You retain ownership of Copyright and other Intellectual Property and proprietary rights in any User Content. This Agreement does not prevent you front granting non-exclusive rights to use your User Content to others. You have the right to modify, display, distribute and host your videos and User Content on the Site and on any other website or media, as required.
(e) We are under no obligation to regularly monitor the accuracy or reliability of User Content appearing on the Site. We reserve the right to modify or remove any User Content at any time.
(f) Any opinions, advice, statements, services, offers, or other information or User Content expressed or made available by Commercial User or third parties are those of the respective author(s) or distributor(s) and not of Wall Albums.
7. Limitation of liability and indemnity
7.1 You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Site. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
7.2 We do not endorse the contents of any User Content, and expressly disclaim any and all liability in connection with them. We do not pre-screen or monitor User Content. In no event shall we be liable for any claims by a third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any User Content created by the Services. It is your sole responsibility to ensure the accuracy of the data inputted and any other User Content.
7.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
7.4 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
7.5 As a condition of your access to and use of the Site, you agree to indemnify Wall Albums, in its own capacity, and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) your access to and use of the Site and Content;
(b) the public performance, distribution, sharing, displaying or viewing of your User Content;
(c) your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the termination of these Terms, and applies to claims arising both before and after termination.
8. TERMINATION OF USE
8.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site and Services, or suspend or block your access to the Site and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
8.2 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
9. WRITTEN COMMUNICATIONS
9.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
9.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
9.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
10. NO WAIVER
10.1 If we fail, at any time, to insist upon strict performance of your obligations under this Agreement, or if we fail to exercise any of the rights and remedies we are entitled to under this Agreement, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
10.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
10.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 9.
11. FORCE MAJEURE
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(c) Sabotage;
(d) Accident;
(e) Riot;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
12. SEVERABILITY
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
13. UPDATES TO THIS AGREEMENT
13.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
13.2 Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
13.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of this Agreement, in whole or in part, at any time. Notification of the changes to this Agreement will be posted on the Site and will be effective immediately, unless expressed otherwise.
13.4 Amendments to this Agreement will take effect immediately upon being posted on the Site and your continued use of the Site and Services will be deemed as your acceptance thereof.
14. ENTIRE AGREEMENT
14.1 These terms, and the documents expressly referred to in them, constitute the entire agreement between you and Wall Albums, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
14.2 We each acknowledge that, in entering into this Agreement, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in this Agreement.
15. GOVERNING LAW
This Agreement is governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland.
Last updated: 1 June 2013
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.
1. GENERAL
1.1 These Terms and Conditions of Use (the Terms) govern your use of our website located at www.wallabums.com.au (the Site) and form a binding contractual agreement between you, the user of the Site and us, Sharon Lee Kelly ABN 88 942 387 619 trading as Wall Albums (Wall Albums). For that reason, these Terms are important and you should read them carefully and contact us with any questions before you use the Site and Services.
1.2 By viewing or browsing the Site, or by using the Services, you acknowledge that you have had sufficient chance to read and understand these Terms, and that you agree to be bound by them. If you do not agree to these Terms, you may not access or otherwise use the Site and the Services offered on the Site.
2. DEFINITIONS
Content means any and all data, text, software, images, audio or video material and other content, in any medium, provided by Wall Albums to you through the Site.
Intellectual Property Rights means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, domain names, know-how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
Services mean the online platform provided by Wall Albums through the Site allowing Users to upload photos and order wall albums. This includes Services currently offered by Wall Albums and any Services or products that Wall Albums may choose to offer in the future.
Site means www.wallalbums.com.au and subsidiary websites or URLS associated to it.
User means a person who has gained access to the Site.
User Content shall mean each and every item of content or other material (whether images, links, documents, text, writings, photographs, graphics, videos, greeting cards, or any other files) uploaded by a User through the Service or otherwise integrated into the Service by a User.
You means you, the User.
Us, We, Our means Sharon Lee Kelly ABN 88 942 387 619 trading as Wall Albums.
3. ACCESSING THE SITE
3.1 You acknowledge and agree that although Wall Albums will use reasonable efforts to ensure that the Site and Services are available, temporary interruptions of the Services available through the Site may occur. As such, the Services available on the Site are provided to you on an “AS IS” basis and Wall Albums is not liable to you for any temporary interruption in the Services.
3.2 We reserve the right to withdraw or amend the Services and Content we provide on the Site without notice. We may restrict access to some parts of or the entire Site, from time to time.
4. SECURITY
4.1 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
4.2 All information we obtain about you in connection with your use of the Site and Services is subject to our Privacy Policy.
5. PAYMENTS
5.1 All payments made are non-refundable.
5.2 Wall Albums may provide you with the ability to pay the subscription fees through a service such as Paypal, Google Checkout, or another third party service. All payments made through these third parties are subject to the third party’s Terms of Service, and Wall Albums will not be responsible for anything contained therein. You are responsible for payment of any taxes associated with payments.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Wall Albums’ Intellectual Property Rights
(a) Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.
(b) Wall Albums is the owner and retains all proprietary rights to the Site, the Services provided through the Site, and all associated Intellectual Property Rights, excluding User Content. You are permitted to use the Site and its Content only as authorised by us. As a Commercial User, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Site to create, display, use, play, and download videos subject to the terms of this Agreement.
(c) Wall Albums Intellectual Property must not be used in connection with a product or service that is not affiliated with Wall Albums or in any way brings Wall Albums in disrepute.
(d) You hereby grant Wall Albums a non-exclusive, royalty-free, perpetual license to use, copy, create, modify, display and host your User Content solely to the extent necessary for Wall Albums to provide the Services, including for use in Wall Albums marketing.
(e) You hereby grant regular users a non-exclusive, royalty-free, perpetual licence to display, play, and otherwise distribute User Content.
6.2 Third Party Intellectual Property Rights
Unless expressly stated, all persons, third party trade marks and images of third party products, services or locations on the Site are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection. Where a trade mark or brand name is used, it is solely used to describe or identify products.
6.3 User Content
(a) In using the Services and making orders, you will be able to use your own photos, graphics, text, or video segments via uploading User Content to the Site.
(b) You must not add any Content to the Site:
(i) unless you hold all necessary rights, licences and consents to do so;
(ii) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(iii) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(iv) that is unsolicited, undisclosed or unauthorised advertising;
(v) that is provocative or sexual, violent, offensive, obscene or indecent material, nudity or semi-nudity (including minors), bigotry, racism, hatred, profanity or obscenities, firearms or pharmaceutical products, images that depict illegal conduct, culturally or socially insensitive images, and any other such content that is not acceptable for persons under 18 years of age;
(vi) that are software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vii) that would bring us, or the Site, into disrepute; or
(viii) that infringes the Intellectual Property or other rights of any person.
(c) You agree to keep all records necessary to establish that your User Content does not violate any of the requirements under clause 6.3(b) and make such records available upon our reasonable request.
(d) You retain ownership of Copyright and other Intellectual Property and proprietary rights in any User Content. This Agreement does not prevent you front granting non-exclusive rights to use your User Content to others. You have the right to modify, display, distribute and host your videos and User Content on the Site and on any other website or media, as required.
(e) We are under no obligation to regularly monitor the accuracy or reliability of User Content appearing on the Site. We reserve the right to modify or remove any User Content at any time.
(f) Any opinions, advice, statements, services, offers, or other information or User Content expressed or made available by Commercial User or third parties are those of the respective author(s) or distributor(s) and not of Wall Albums.
7. Limitation of liability and indemnity
7.1 You agree that we shall not be liable for any damages suffered as a result of using the Services, copying, distributing, or downloading Content from the Site. In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
7.2 We do not endorse the contents of any User Content, and expressly disclaim any and all liability in connection with them. We do not pre-screen or monitor User Content. In no event shall we be liable for any claims by a third party pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any User Content created by the Services. It is your sole responsibility to ensure the accuracy of the data inputted and any other User Content.
7.3 You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Site and Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Site and Services.
7.4 Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
7.5 As a condition of your access to and use of the Site, you agree to indemnify Wall Albums, in its own capacity, and its successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to:
(a) your access to and use of the Site and Content;
(b) the public performance, distribution, sharing, displaying or viewing of your User Content;
(c) your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the termination of these Terms, and applies to claims arising both before and after termination.
8. TERMINATION OF USE
8.1 You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate your access to the Site and Services, or suspend or block your access to the Site and Services. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
8.2 If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
9. WRITTEN COMMUNICATIONS
9.1 By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site.
9.2 You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
9.3 Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
(a) For letters, the letter was properly addressed, stamped and placed in the post; and
(b) For emails, the email was sent to the specified email address.
10. NO WAIVER
10.1 If we fail, at any time, to insist upon strict performance of your obligations under this Agreement, or if we fail to exercise any of the rights and remedies we are entitled to under this Agreement, this will not constitute a waiver of such rights or remedies and it will not relieve you from compliance with your obligations.
10.2 If we waive a default, it does not constitute a waiver of any subsequent defaults.
10.3 No waiver is effective unless it is expressly stated by us to be a waiver and is communicated to you in writing as per clause 9.
11. FORCE MAJEURE
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) Acts of god;
(b) Natural disasters;
(c) Sabotage;
(d) Accident;
(e) Riot;
(f) Shortage of supplies, equipment, and materials;
(g) Strikes and lockouts;
(h) Civil unrest;
(i) Computer hacking; or
(j) Malicious damage.
12. SEVERABILITY
If any court decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining terms. The rest of these Terms will continue to be valid.
13. UPDATES TO THIS AGREEMENT
13.1 We reserve the right, in our discretion, to correct any errors or omissions in any part of the Site and Services. We may restrict access to parts or the entire Site and Services at any time, including, but not limited to, Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
13.2 Any material on the Site and Services may be out of date at any given time and we are under no obligation to update such material.
13.3 We reserve the right, in our sole discretion, to change, modify, add or remove any part of this Agreement, in whole or in part, at any time. Notification of the changes to this Agreement will be posted on the Site and will be effective immediately, unless expressed otherwise.
13.4 Amendments to this Agreement will take effect immediately upon being posted on the Site and your continued use of the Site and Services will be deemed as your acceptance thereof.
14. ENTIRE AGREEMENT
14.1 These terms, and the documents expressly referred to in them, constitute the entire agreement between you and Wall Albums, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
14.2 We each acknowledge that, in entering into this Agreement, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in this Agreement.
15. GOVERNING LAW
This Agreement is governed by the laws of the State of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland.
Last updated: 1 June 2013
