Terms and conditions of use
Date of publication: 21 February 2018
These terms and conditions shall govern your use of our website. By continuing to view and use our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
You must be at least 13 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
This website is copyright (c) 2018 Take Better Portraits. We, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website. All the copyright and other intellectual property rights in our website and the material on our website are reserved.
License to use website
1. View pages from our website in a web browser;
2. Download pages from our website for caching in a web browser;
3. Print pages from our website;
4. Stream audio and video files from our website;
5. Use our website services by means of a web browser;
6. Where express permission is given, download resources that we make available from time to time for your own personal use; and
7. Syndicate our articles using a syndication application for your own personal use
subject to the other provisions of these terms and conditions. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
Except as expressly permitted by the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer. Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
Unless you own or control the relevant rights in the material, you must not:
1. Republish material from our website (including republication on another website);
2. Sell, rent or sub-license material from our website;
3. Show any material from our website in public;
4. Exploit material from our website for a commercial purpose; or
5. Redistribute material from our website.
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not:
1. Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
2. Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
3. Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
4. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
5. Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
6. Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons or entities. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Your content: license
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media. You grant to us the right to sub-license. You grant to us the right to bring an action for infringement of the rights licensed above.
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. You may edit your content to the extent permitted using the editing functionality made available on our website. We reserve the right to delete, unpublish or edit any or all of your content without explanation or notice.
Your content: rules
You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
1. Be libelous or maliciously false;
2. Be obscene or indecent;
3. Infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
4. Infringe any right of confidence, right of privacy or right under data protection legislation;
5. Constitute negligent advice or contain any negligent statement;
6. Constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
7. Be in contempt of any court, or in breach of any court order;
8. Be in breach of racial or religious hatred or discrimination legislation;
9. Be blasphemous;
10. Be in breach of official secrets legislation;
11. Be in breach of any contractual obligation owed to any person;
12. Depict violence in an explicit, graphic or gratuitous manner;
13. Be pornographic, lewd, suggestive or sexually explicit;
14. Be untrue, false, inaccurate or misleading;
15. Consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
16. Constitute spam; or
17. Be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
The information contained in this website is for general information purposes only. The information is provided by us on an ‘as is’ basis and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information, products, services, or related graphics contained on this website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time at our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
Limitations and exclusions of liability
In no event, except those required by applicable law, will we be liable for any loss or damage whatsoever arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under our control. We cannot be held liable for the nature, content, and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep this website up and running smoothly. However, we take no responsibility for, and will not be liable for, this website being temporarily unavailable due to technical issues beyond our control.
You agree that you will not bring any claim against us in respect of any damages or losses you suffer in connection with this website or these terms and conditions.
Breaches of these terms and conditions
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
1. Temporarily suspend your access to our website;
2. Permanently prohibit you from accessing our website;
3. Block computers using your IP address from accessing our website;
4. Contact any or all of your internet service providers and request that they block your access to our website; or
5. Commence legal action against you, whether for breach of contract or otherwise.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions shall be governed by and construed in accordance with Australian law. Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Australia.