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WotaSHOT.com TERMS OF USE
What conditions apply to you
This website is owned and operated by the Wotashot Group Pty Ltd (ACN 121 458 035) (wotashot.com).
These terms constitute a legal agreement between you (including your directors, employees, officers, contractors, agents, principals, or any related body corporate or affiliate) (You) and wotashot.com and govern Your use of and access to this website.
wotashot.com may amend, modify or otherwise update these terms at any time and without notice.
Your continued use of this website constitutes an agreement by you that you accept these terms and any subsequent modification of these terms.
Access to the website
wotashot.com does not warrant that:
(a) usage of this website will be uninterrupted;
(b) the content of the website, including news and information posted on this website, is or will be correct, up to date or error free; or
(c) this website or any of the equipment associated with the operation or delivery of the website will be free of computer viruses or other harmful components.
You agree that wotashot.com will not provide any form of help desk services on how to use this website.
Rules of use
You must not:
(a) use, or allow any other person to use, this website in connection with any activities that breach any laws, infringe a third party's rights, or breach any standards, content requirements or codes promoted by any relevant authority;
(b) post or transmit on or through this website any information or material of any kind that may be, or that may encourage conduct that may be, unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent;
(c) post or transmit on or through this website any material of any kind that contains a virus or other harmful component; or
(d) use this website for the purpose of or as a means to send "flame" or "spam" emails.
wotashot.com reserves the right to cooperate with and assist fully any law enforcement authority in any jurisdiction in relation to any lawful direction or request to disclose your identity or other information about you or any other user of this website.
Ownership rights
All of the content shown or displayed on this website, including graphics, photographic images, text and software (Content), is owned by wotashot.com, our licensors or other Content providers.
The wotashot.com name and logo are the intellectual property rights of wotashot.com. Other trade marks may be displayed on this website from time to time and may belong to third parties.
All elements of this website, including the general design, layout, source code and Content, are protected by copyright, moral rights, trade mark and other laws relating to intellectual property rights.
Except as expressly permitted by these terms or the wotashot.com Licence Agreement, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights remain the exclusive property of wotashot.com, our licensors or other Content providers.
Use of Images
Your use of images purchased from this website is subject to the wotashot.com Licence Agreement.
Image quality and colours
The images are provided "as is". While every effort is made to ensure that the images you see on this website are exactly what you receive in hard copy format, please note that minor variations (such as cropping) may occur in order to meet printing requirements. Resolutions and image sizes are made available for all images before purchase and it is your responsibility to ensure that these meet your requirements and expectations before purchase.
Should you have any concerns or queries then please email via the "Contact Us" section on this website.
Payment
You must pay for the licence to images on this website by credit card or by Paypal account. Please note that the use of a Paypal account is subject to the Paypal User Agreement (https://www.paypal.com/au/cgi-bin/webscr?cmd=p/gen/ua/ua-outside). An entry will appear on your credit card statement showing a debit to Wotashot Group Pty Ltd, or Wotashot.com. Upon receipt of authorisation that your payment has been accepted and approved your download will be authorized and permitted or alternatively your image will be sent to print. All payments will be processed in Australian Dollar (AUD) amounts. If payments are made in currencies other than Australian Dollars, your credit card will be debited based on conversion of the specified currency exchange rate that may exist and be varied from time to time. For all purchases, Goods and Services Tax (GST) will be payable, in addition to the purchase price of the products or services, in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth). All invoices will specify the amount of GST paid.
Refund and Return
Due to the ease with which digital images can be copied, wotashot.com will, in its absolute discretion but subject to law, have the right to refuse refund or exchange of goods or services. wotashot.com may however offer a credit to the same value for other goods or services on this website if it is considered appropriate. You are not entitled to a refund due to a change of mind, incorrect use of this website, incorrect use of the online purchasing mechanism or other similar circumstances.
Complaint and removal of material
The primary subjects of any image uploaded on this website (primary subject are defined as those who are the focus of the image, but not incidental background subjects) have a right to request the removal of that image for any reason. A request to remove an image can be made via the "Contact Us" section of this website. Such a request should include the reason for removal and details of the image, including a link to the image. All requests will be investigated and the ultimate decision rests with wotashot.com on behalf of the photographer or rights holder. Any person making such a request must be willing to provide identification to the satisfaction of wotashot.com.
Security of passwords
You must keep confidential and secure against any improper or unauthorised access or use, any user names, passwords and any other security codes and devices (Codes) provided by wotashot.com to you for purposes connected with this website. You will immediately notify wotashot.com if you believe any of your Codes have been compromised.
You are responsible for any activity, actions or purchases that occur on this website using your Codes. To the extent permitted by law, you will also be held liable for any loss or damage to wotashot.com or any related or third party that occurs when your Codes are used to gain access to the website.
Disclaimer
wotashot.com does not represent or warrant that the information available from this website, including under any subdirectories accessible from it, are in any way free from errors or omissions or suitable for your intended use.
wotashot.com excludes all implied conditions, warranties and terms, except those that cannot be excluded in law (Non excludible Condition), eg such as warranties under the Trade Practices Act 1974 and the equivalent laws of a State or Territory.
To the extent permitted by law, wotashot.com's total liability for breach of any Non-excludable Condition or for any other breach by wotashot.com of these term agreement is limited at wotashot.com's option, to any one of:
(a) resupplying or replacing, or paying the cost of resupplying any goods; or
(b) supplying again, or paying the cost of supplying any services again.
Except in relation to the breach of any Non-excludable Condition (to the extent liability for that breach can be limited in law), you agree:
(a) wotashot.com does not control the activities of users of this website and you agree that wotashot.com is not liable or responsible in any way for the behaviour of users of this website, including for information placed on this website that is incorrect, offensive, discriminatory, defamatory, or in breach of any law or any third party's rights; and
(b) wotashot.com accepts no liability or responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you and arising out of or in connection with the use of any information available from this website including any information under any subdirectories accessible from this website.
wotashot.com is not liable in contract for any indirect or consequential loss, including loss of profits, loss of revenue, loss of data and loss of business opportunity. Without limiting the foregoing, wotashot.com is not responsible for images harmed, deleted or destroyed through the use of our systems and it is your responsibility to maintain local backups of all image files purchased and downloaded.
wotashot.com is not liable for the delay or failure of any services supplied under these terms and conditions caused outside of wotashot.com's reasonable control, such as delays in internet traffic, breakdown in telecommunications equipment, computer viruses, industrial dispute, electricity failure, any act of government, God, terrorism, war or other form of external restraint.
Subject to these terms and conditions and to the extent permitted by law, wotashot.com excludes all other liability to you in any form and however described, including arising in contract or tort.
Indemnity
You agree to indemnify wotashot.com and its officers, employees, contractors and agents against any cost, expenses, loss damage and liability suffered or incurred by them arising out of or in connection with:
(a) any breach by you of these terms and conditions;
(b) any of your negligent or unlawful acts or omissions, your officers, employees, contractors or agents; and
(c) any information or material provided by you and published on this website.
Forums
You may have access to forums on this website from time to time. While the administrators and moderators of any forums will attempt to remove or edit any generally objectionable material as quickly as possible, it is impossible to review every message. You acknowledge that all posts made on these forums express the views and opinions of the author and not the wotashot.com administrators, moderators or webmaster (except for posts by these people) and hence wotashot.com will not be held liable for such posts . You agree not to post any abusive material that may violate any applicable laws. An immediate and permanent ban will apply to any persons in breach of this agreement and IP addresses of all posts are recorded to aid in enforcing these conditions. You agree that administrators of the forums have the right to remove, edit, move or close any topic at any time should they see fit. Subject to our privacy policy, you agree that any information you have entered on any forums or forms will be stored in a database.
Registered Photographers
wotashot.com acts as an agent for photographers who are registered with this website and as a result the sale of an image or images is between the photographer and the user. Only photographers registered with wotashot.com will have images accepted on this website. wotashot.com photographers will be identifiable to the general public by banners, business cards, t-shirts and other identifying material that display the wotashot.com logo.
Third Party Links
This website may contain advertisements, links and other pointers to websites of third parties. These websites do not form part of this website and are not under the control of wotashot.com or its related bodies corporate and we do not have any responsibility for, and nor does wotashot.com recommend or endorse, the contents of any third party's linked website. If you link to any such websites you leave this website and do so entirely at your own risk.
Suspension and termination
wotashot.com may:
(a) suspend your access to all or part of this website at any time for any period if you are in breach of these terms; and
(b) terminate this agreement and your access to all or part of this website at anytime without notice.
You can cancel your registration at any time and can elect to 'opt in' or 'opt out' of any aspect of communication service we may offer to you.
On termination of this agreement or suspension of your access to this website, all restrictions placed on you, all disclaimers and limitations of liability will survive.
Comments, suggestions and feedback
wotashot.com will retain ownership of all intellectual property rights over all comments and feedback, suggestions, ideas, and other submissions (Feedback) disclosed in connection with your use of this website. Any such disclosure will constitute an irrevocable, free of cost assignment to the worldwide title to all copyright and other intellectual property in relation to the Feedback provided to wotashot.com. wotashot.com, its management, owners or related parties will own exclusively all such rights, titles and interests and will not be limited in any way in its use, commercial or otherwise. Whilst wotashot.com is appreciative of any Feedback, wotashot.com however is under no obligation to respond to any Feedback, maintain confidence or pay any compensation for Feedback.
Waiver
No failure to exercise or any delay in exercising any right, power or remedy by a party operates as a waiver. A single or partial exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting the waiver unless it is made in writing.
Notice
wotashot.com may give you notice by electronic mail, conventional mail, facsimile or personal service. You may give wotashot.com notice by email to the email address specified in the "Contact Us" section of this website.
Severance
If a provision of these terms is invalid, illegal or unenforceable, then to the extent of the invalidity, illegality or unenforceability, that provision must be ignored in the interpretation of these terms and conditions. All other provisions of these terms and conditions remain in full force and effect.
Governing Law
These terms are subject to the laws of the State of Victoria, Australia. You and wotashot.com agree to submit to the non-exclusive jurisdiction of the courts of that State.
Entire Agreement
These terms and conditions represent the entire agreement between you and wotashot.com on the subject matter.
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