Terms and Conditions of Use

 

Welcome to our website (“Site”). These terms and conditions of use (“Terms”) constitute a legal agreement between you and a MichaelFotheringhamPortraits.com. Your use of this Site constitutes your acceptance of the Terms. If you do not agree with the Terms, please do not use this Site.

Ownership of This Website and Its Contents

This Site is owned by Michael Fotheringham. All of the content featured or displayed on this Site, including, but not limited to, text, graphics, photographic images, moving images, sound, illustrations and software (“Site Content”), is owned by Michael Fotheringham, licensors or identified third-party image partners.

All elements of the Michael Fotheringham Portaits Site, including, but not limited to, the general design and the Site Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another written license or agreement with MichaelFotheringhamPortraits.com, no portion or element of this Site or the Site Content may be copied or retransmitted via any means, and all related rights shall remain the exclusive property of MichaelFotheringhamPortraits.com, licensors or identified third-party image partners.

You shall indemnify MichaelFotheringhamPortraits.com, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your use of or inability to use the Site, your breach or alleged breach of these Terms or of any representation or warranty contained herein, or your unauthorized use of the Site Content or Site.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, MichaelFotheringhamPortraits.com has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of MichaelFotheringhamPortraits.com, account holders who are deemed to be repeat infringers. MichaelFotheringhamPortraits.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to Receive Notification of Claimed Infringement: Michael Fotheringham

E-Mail Address of Designated Agent: michael@MichaelFotheringhamPortraits.com

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

Use of the Site

This Site and the Site Content are intended for customers of MichaelFotheringhamPortraits.com. You may not use this Site or the Site Content for any purpose not related to your business with MichaelFotheringhamPortraits.com. Any use of the Site Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any usernames, passcodes or other permissions that may have been granted by MichaelFotheringhamPortraits.com for use of this Site.

Forums and Other Interactive Services or Areas

The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material (“User Content”) that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, tax file numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of MichaelFotheringhamPortraits.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose MichaelFotheringhamPortraits.com or its users to any harm or liability of any type.

MichaelFotheringhamPortraits.com takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MichaelFotheringhamPortraits.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk.

As a provider of interactive services, MichaelFotheringhamPortraits.com is not liable for any statements, representations or User Content provided by its users in any public forum, personal homepage or other Interactive Area.

Although MichaelFotheringhamPortraits.com has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, MichaelFotheringhamPortraits.com reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.

You acknowledge and agree that MichaelFotheringhamPortraits.com may access, use or disclose any information about you or your use of this Site, including, without limitation, any User Content to comply with the law or any legal process; protect and defend the rights or property of MichaelFotheringhamPortraits.com; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the Site, unless we indicate otherwise, you grant MichaelFotheringhamPortraits.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media.

You grant MichaelFotheringhamPortraits.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.

Privacy.

MichaelFotheringhamPortraits.com respects your rights to privacy. For information on MichaelFotheringhamPortraits.com's data security and Principles for the handling of personal information, see the Privacy Policy.

Disclaimers

THIS SITE AND THE SITE CONTENT ARE PROVIDED “AS IS” AND MichaelFotheringhamPortraits.com AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

MichaelFotheringhamPortraits.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE UNAVAILABILITY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT MichaelFotheringhamPortraits.com, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE.

MichaelFotheringhamPortraits.com uses reasonable efforts to ensure the accuracy, correctness and reliability of the Site Content, but we make no representations or warranties as to the Site Content's accuracy, correctness or reliability.

Images of people or places displayed on the Site are either the property of, or used with permission by, MichaelFotheringhamPortraits.com or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

There may be links to other websites from this Site; however, these other websites are not controlled by MichaelFotheringhamPortraits.com and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against MichaelFotheringhamPortraits.com regarding the inclusion of links to outside websites or your use of those websites.

Governing Law and Venue

This Agreement shall be interpreted, construed and governed by the laws of the State of Victoria, Australia, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Users of this Site agree that any and all disputes arising from the use of this Site, or the ordering of materials from this Site, shall be settled by binding arbitration by a single arbitrator to be held in Melbourne, Australia pursuant to the then current rules of the Victorian Civil and Administrative Tribunal.

Notwithstanding the foregoing, however, MichaelFotheringhamPortraits.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Australian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of MichaelFotheringhamPortraits.com, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.

No Waiver, Severability

No action of MichaelFotheringhamPortraits.com, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms. If any clause in these Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms, the Site Content displayed on this Site, and any license or product prices contained on the Site, and any information or license terms without prior notice.

These Terms set out the entire agreement between MichaelFotheringhamPortraits.com and you relating to your use of this Site.