My Photo Inventory Terms & Conditions
Before registering and becoming a user of My Photo Inventory, carefully read the following legal agreement between My Photo Inventory and yourself the “user”. This agreement bounds you to the terms and conditions of My Photo Inventory and by registering, accessing or otherwise using My Photo Inventory you unequivocally agree to be bound by the conditions set out in this agreement.
If you do not agree with the following terms and conditions and do not wish to be bound by then, DO NOT REGISTER AS A USER OR ACCESS THIS SITE.
1. Services
1.1The services provided by My Photo Inventory enable users to upload and store photographic images and text records on the My Photo Inventory website.
1.2 It is understood that in order to use My Photo Inventory, a computer with a stable internet connection is required. My Photo Inventory has been designed to work on Microsoft's Internet Explorer 5.5 and above. While the site should work on other web browsers there is no guarantee that it will work in the manner and speeds within which it has been designed.
1.3 To register as a user of My Photo Inventory the user must complete the registration form on the registration page. As part of the registration the user is required to provide a valid e-mail address and password to complete the registration. It is the user’s responsibility to ensure the security of their password.
1.4 The applicable Full Access payable services are available only to persons who can form a legally binding contract and are of 18 years of age.
1.5 All monies paid to My Photo Inventory for access to My Photo Inventory are non-refundable, unless the account is terminated by My Photo Inventory. Accounts terminated by My Photo Inventory may be refunded at the sole discretion of My Photo Inventory. Payment for any services can only be made through a paypal account or by valid credit card accepted by My Photo Inventory. You hereby authorize My Photo Inventory to charge your paypal account or credit card for the amounts that you select during the registration and any subsequent registration process. Fees will be deducted in Australian Dollars. Prices are subject to change without notification.
1.6 All payments will be processed through Paypal. (www.paypal.com) to help ensure the security of the users financial information. It is the user’s responsibility to read Paypal’s Privacy Policy. By registering for a Full access account the user agrees to Paypal’s policies. If a user does not wish to have Paypal process their payments the user will not be able to create a Full Access account.
1.7 At the end of 12 months of Free Access or the users paid access is completed, the user will be requested to re-register. If the user fails to re-register the account will become deactivated. My Photo Inventory reserves the right to retain all aspects of the account until such time as the user may choose to reactivate the account.
1.8 For all accounts, My Photo Inventory may charge an account reactivation fee should an account need to be reactivated by the user, after the account had become deactivated. The charge will be calculated from the date the account was deactivated through to 1 calendar year past the date the account is to be reactivated. This charge includes access to the site for the following calendar year. My Photo Inventory may hold deleted photographic images after the user has selected to delete these images. These images will not be accessed, nor used by My Photo Inventory and may be reinstated into a users account at a later date if requested by the user.
1.9 It is understood that My Photo Inventory makes no guarantee about the quality of the photographic images and the display of the photographic images stored by the user.
2. Restrictions and Responsibilities
2.1 By registering, accessing or otherwise using the services outlined in this Agreement, the user is not granted a license to any software by this Agreement. The user will not in any way whatsoever directly or indirectly: reverse engineer, decompile, disassemble, or otherwise use any method in an attempt to discover the source code, object code underlying structure, trade secrets, concepts, or ideas found on or through the services or any software, documentation, or data related to the services. Under no circumstances shall the user copy, modify, recreate, distribute or otherwise transfer or encumber rights to the services or software nor shall the user remove any proprietary notices or labels from the services or any software. The services shall be used for personal or business purposes only.
2.2 By registering, accessing or otherwise using My Photo Inventory the user agrees to indemnify and hold harmless My Photo Inventory against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation relating to the use of the services. The user also warrants to only use the services in compliance with the agreement and all applicable laws (including but not limited to policies and laws related to privacy, obscenity, or defamation).
2.3 The services may only be used for lawful purposes. Transmission or solicitation of any material that violates Australian federal, state or other laws that may apply in the user’s country or local area is prohibited. My Photo Inventory may not be used to store; illegal or obscene content, illegal software code, viruses, or to distribute any other content that is deemed by My Photo Inventory as inappropriate. This may include material that is threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.
2.4 During the registration process the information that is required to be provided includes but is not limited the users name, email address, state/ province and the country in which the user resides. My Photo Inventory may use this information and any technical information about the use of the services as required to determine better ways to make the website more user friendly.
2.5 My Photo Inventory seeks to take all reasonable security measures to safeguard against risks of loss, unauthorised access, use, modification or disclosure of any information the user has provided. Information required to be entered on the website by the user is protected through the use of encryption (SSL) during transmission.. Unfortunately, no data transmission can be guaranteed to be 100% secure. While we strive to protect the user’s information, we cannot ensure or warrant the security of any information transmitted to us and it is done so at the user’s own risk.
2.6 The user will use it best endeavours to prevent unauthorized third parties from accessing the service and shall notify My Photo Inventory immediately if the user becomes aware or, or reasonably suspects that another person has obtained unathorised access to any user identification details or there is a threat to the secure operation of the service.
3. Liability and indemnity
3.1 My Photo Inventory excludes all implied terms and warranties whether statutory or otherwise, relating to the subject matter of this agreement. Except as expressly stated otherwise in this agreement, the user acknowledges that in entering into this agreement the user has not relied on any representations, warranties, promises or undertakings but has relied on its own knowledge and independent advice.
3.2 Subject to clause 3.5, neither party will be liable to the other party for indirect and consequential loss (including without limitation for loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind) in contract, tort, under any statute or otherwise (including negligence) arising from or connected to this agreement.
3.3 Subject to clause 3.5, My Photo Inventory’s total liability for loss or damage of any kind not excluded by clause 3.2, however caused, whether in contract, tort, under any statute or otherwise (including negligence) arising out of or in any way related to this agreement, in respect of a Service, is limited in aggregate for any and all claims arising in each Contract Year to the fees paid by the user under this agreement, in respect of that Service, in that Contract Year.
3.4 Where any statute implies in this agreement any term, and that statute voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, My Photo Inventory’s liability for breach of such term will be, if permitted by law, limited to the re-supply of the services.
3.5 My Photo Inventory’s liability to the user for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that the user causes or contributes to the loss or damage.
3.6 The user agrees to indemnify My Photo Inventory and My Photo Inventory’s personnel, consultants, sub-contractors, service providers, business partners, information providers, account providers, licensors, distributors and agents (“Indemnified Parties”) and keep the Indemnified Parties indemnified against all liability, costs (including legal costs on a full indemnity basis), expenses, loss and damage suffered or incurred as a result of:
3.6 (a) any demand, claim or action brought or made against an Indemnified Party by a third party arising out of or in connection with My Photo Inventory’s performance or non-performance of this agreement; or
3.6 (b) any negligent act or omission, or any default by the user.
4. Termination
4.1 The user may terminate this Agreement at any time by sending an e-mail message to info@myphotoinventory.com or by sending written notice to My Photo Inventory, P.O. Box 6192 Alexandria NSW 2015, Sydney, Australia. The email or written notice must include the users first name, last name, and My Photo Inventory username. No refunds will be issued if the user terminates this agreement.
4.2 My Photo Inventory may terminate this agreement or the services at any time with or without cause, and with or without notice. My Photo Inventory shall have no liability to the user or any third party because of such termination. Accounts terminated by My Photo Inventory may be refunded at the sole discretion of My Photo Inventory.
4.3 My Photo Inventory may delete any of the users archived data within 30 days after the date of termination. All sections of this agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
5. Miscellaneous
5.1 The use of the services and any reliance by the user upon the services, including any action taken by the user because of such reliance, is at user’s sole risk. My Photo Inventory does not warrant that the services will be uninterrupted or error free. The services are provided “as is” and My Photo Inventory disclaims all warranties, express or implied, including, but not limited to, implied warranties of the use for a particular purpose.
5.2 The user acknowledges that My Photo Inventory accepts no responsibility in regards to any insurance requirements that may or may not have been followed as a result of information provide on this site. All insurance advice must come from the user’s insurance company and or agent. My Photo Inventory does not warrant or guarantee in any way that the user’s inventory stored on My Photo Inventory will be accepted by its Insurance company and or agent. The user must seek all insurance advice from its insurance company and or agent.
5.3 No partnership, joint venture or equity is created as a result of the agreement, and the user does not have any authority of any kind to bind My Photo Inventory in any respect whatsoever.
5.4 If any provision of the Agreement is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable.
5.5 The user and My Photo Inventory agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.
5.6 The user must obtain all necessary insurances (at its own cost) to cover all loss and damage to the user’s property arising out of or in connection with the user’s use of the services.
5.7 In any action or proceeding to enforce rights under the agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
5.8 The agreement shall be governed by the laws of the State of NSW, Australia without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Sydney, New South Wales, Australia.
5.9 The services are provided subject to this agreement, which may be amended by My Photo Inventory from time to time in the future. My Photo Inventory may modify the terms of this agreement and may alter, revise or discontinue any or all other aspects of the services at its sole discretion. Any and all such changes shall become effective upon posting of the revised agreement on the Site.
Trademark
The My Photo Inventory logo is a registered trademark in Australia and/or other countries. No one is authorized to use the logo in any advertising, publicity or any other personal or commercial manner without the prior written consent of an authorized representative of My Photo Inventory. Any permitted use of the logo or services confers no title or ownership in My Photo Inventory, the service, the software or the Trademarks and is not a sale of any rights in the service, the software or the trademarks. All ownership rights remain My Photo Inventory’s or its third party suppliers, as the case may be.
Copyright
Copyright © 2006-2007 My Photo Inventory. All rights reserved. Except as permitted under a separate written agreement with My Photo Inventory, neither the content that appears on any My Photo Inventory website or in any other format, including but not limited to, logos, phrases, graphics, web pages, newsletters, and advertising may not be reproduced, republished, repurposed, or distributed without the prior written permission of My Photo Inventory. All aspects and contents of any My Photo Inventory website, business and or marketing material including software is solely owned by My Photo Inventory and is protected by Australian and International copyright laws. For inquiries regarding reproduction or distribution of any My Photo Inventory material, please contact info@myphotoinventory.com |
