Intellectual Property
Kiwifamily Photography owns all copyright and other intellectual property rights in all of the photographs, images and all other matters associated with this site. Kiwifamily Photography welcomes the use of this site provided that you recognise all copyright, trademark and other proprietary. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any photograph, image or other portion of this site without Kiwifamily Photography’s prior written permission.
Kiwifamily Photography reserves all rights in relation to recovery of images and compensation for any breach of copyright.
Alterations and Amendments
We may at our discretion, change, modify, add or remove terms and conditions and the website at any time. Please check periodically for changes. Continued use of this site after any changes will mean you accept any changes that may be made from time to time.
No warranty
No data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect, Kiwifamily Photography cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. We provide the Kiwifamily Photography website and our services “as is” and without any warranty or condition, express or implied. Kiwifamily Photography makes no warranty that the services and materials will meet your requirements or that the services will be uninterrupted, secure, or error-free.
Terms & Conditions of Digital Image Supply
You may request in writing to Kiwifamily Photography to be supplied with an image or images for certain specified uses. Such request will require a written agreement to be reached between you and Kiwifamily Photography governing the use of the image or images. Kiwifamily Photography retains at all times ownership in the copyright of all images supplied. Further any image supplied is not model released. You shall have full responsibility to obtain model release (being the permission from athlete or sporting organisation) on any image or images being used by you pursuant to a written agreement with Kiwifamily Photography. Copies of all layouts using Kiwifamily Photography imagery must be supplied to Kiwifamily Photography for approval prior to the use thereof. A reproduction fee of $140 (plus GST) per image will be charged if any supplied scan and /or digital Kiwifamily Photography image has been used as a print, photocopy, proposal, layout or has been forwarded by you to a third party. All requests for digital submissions will attract a search and delivery fee of $35 (plus GST), provided that none of the images are used or reproduced.All potential usage and relevant fees must be agreed in writing before reproduction.No images may be stored, manipulated, distributed or altered in any way whether supplied as low or high resolution, unless otherwise specified, or licensed to do so.
Applicable Law
These terms and conditions are to be governed by, construed and enforced in accordance with the laws of Australia. Any action that you or any third party may bring in connection with this policy, shall be brought only in the courts of Australia, and you expressly consent to the jurisdiction of the courts of Australia.
System Integrity
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper operation of Kiwifamily Photography’s site or any service being provided on our site. You agree not to take any action that imposes an unreasonable or disproportionately large load on our web site infrastructure. If you are issued a password, you agree not to disclose your password to any third party or to use your password for any unauthorised purpose.
Web Links
Kiwifamily Photography may display URLs or icons which allow you to link to other web sites, including, without limitation, sites which are operated by third parties and which are not maintained by Kiwifamily Photography. Kiwifamily Photography makes no representations whatsoever about any other website to which you may have access through this site. Any content, services, representations or warranties made on such other website are the sole responsibility of the operator of those sites and Kiwifamily Photography assumes no responsibility for any of the content, the operation or the services provided thereon.
Severability
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
Currency
Unless otherwise indicated, all dollar amounts referred to in this website provided by Kiwifamily Photography are in Australia Dollars.
Additional Information
Questions regarding this statement should be directed to: darrenw@kiwifamilyphotography.com
TERMS AND CONDITIONS