Memories of Tomorrow Photography - Terms & Conditions

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Terms & Conditions

By accessing or browsing the memoriesoftomorrow.net website "Website" you agree to these Terms and Conditions of use "Terms & Conditions". Peter Adams-Shawn may update or change this Website including these Terms & Conditions from time to time without prior notice. You should regularly check these Terms & Conditions.

Copyright Information

All photographs and content on this site are the exclusive property of Peter Adams-Shawn and as such are protected under international copyright laws.

All photographs are not to be downloaded, reproduced, copied, stored, manipulated. projected, used or altered in any way, alone or with any other material, or by use of computer or other electronic means without the written permission of Peter Adams-Shawn. Use of any image as the basis for another photographic concept or illustration is a violation of copyright.

By entering this site you are agreeing to be bound by the terms of this agreement. entrance to the site is expressly on these conditions which embodies all of the understandings and obligations between the parties.

Links to external websites

(Those not owned by Peter Adams-Shawn)

This Website contains links to external websites. Peter Adams-Shawn makes no representation or warranty as to the accuracy, currency or any other aspect of the information on those linked sites. A link to another site should not be construed as an endorsement or recommendation by Peter Adams-Shawn of any information, goods or services on that other site.

Peter Adams-Shawn has no control over such sites. You acknowledge and agree that Peter Adams-Shawn shall not be responsible:

Viruses

The Internet and the World Wide Web are unsecured public networks. You acknowledge and agree that (and will be responsible for any loss or damage caused by the following):

Use of Website

You agree to not use the Website to:

Submissions:

By posting or submitting content to the Website, you grant Peter Adams-Shawn the right to use, reproduce, display, perform, adapt, modify, remove, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Peter Adams-Shawn will not infringe or violate the rights of any third party.

Limits and rules for services:

You agree that Peter Adams-Shawn may establish limits and usage rules concerning use of any service offered on the Website.

Peter Adams-Shawn reserves the right, in his sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice.

Peter Adams-Shawn may also terminate or suspend your access for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Peter Adams-Shawn.

Contract formation:

Nothing in this Website, including these Terms & Conditions, is to be construed as an offer to enter into a contract with Peter Adams-Shawn or a third party in relation to the provision of any goods and/or services. This Website and the goods and services displayed within it is an invitation to treat only and not an offer capable of acceptance.

Peter Adams-Shawn and any third parties advertising their goods or services on the Website, reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product or service, an error in the price or the product or service description posted on this Website, or an error in your order. There may be other reasons why Peter Adams-Shawn or a third party cannot fulfil you order. Therefore, your contract with Peter Adams-Shawn or the third party only comes into existence when Peter Adams-Shawn or the third party advises you that it has accepted your order.

Peter Adams-Shawn will endeavour to confirm your order within 1 business day.

Any dealings with third parties (including advertisers) included within the Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Peter Adams-Shawn shall not be responsible or liable for any part of any such dealings or promotions.

Information I collect

Peter Adams-Shawn collects personal information when you contact us and when you visit the website.

When you make an enquiry I may ask for business information such as contact details, address and details about your business.

Peter Adams-Shawn automatically collects and records information from our server logs from your browser. These include your IP address and the pages you request on the website.

Use of information:

Sharing and disclosure of information

Peter Adams-Shawn does not rent, sell, or share personal information about you with other people or non-affiliated companies except to provide products or services you've requested, when I have your permission, or under the following circumstances: I respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims; I believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the terms and conditions, or as otherwise required by law.

Peter Adams-Shawn may create and subsequently access cookies on your computer.

I reserve the right to disclose to third parties certain information contained in your provided information when believing in good faith belief that such action is reasonably necessary to comply with the law, legal process, or to enforce the terms and conditions.

Peter Adams-Shawn will only use Your Information in accordance with our Privacy Policy.

Disclaimer and Limitation of General Liability

General disclaimer:

Peter Adams-Shawn uses diligent efforts to maintain the Website, but Peter Adams-Shawn is not responsible for any defects or failures associated with the Website or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Peter Adams-Shawn makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Website, including as to:

Disclaimer of warranties:

Please note the following important disclaimers of warranties:

The Website is provided 'as is' and you use it at your sole risk Peter Adams-Shawn expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Without limitation, Peter Adams-Shawn makes no warranty that the Website will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the Website will be accurate or reliable, or that the quality of any products, services, information, or other material obtained through the Website will meet your expectations.

Any material downloaded or otherwise obtained through the use of the Website is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Disclaimer regarding merchants:

The Website provides shopping services to help you locate and potentially purchase products from online and offline retailers. Peter Adams-Shawn does not, however, control these independent retailers and Peter Adams-Shawn does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their products or services.

When shopping by means of services provided by Peter Adams-Shawn you acknowledge and agree that Peter Adams-Shawn does not endorse any of the products or services "Merchandise" linked to from the Website, nor has Peter Adams-Shawn taken any steps to confirm the accuracy or reliability of any of the information provided by third parties through Peter Adams-Shawn or their own websites.

Peter Adams-Shawn expressly disclaims any and all representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. I advise you to exercise your own judgment and investigate as you deem necessary before proceeding with any online or offline transaction with any of these third parties.

Liability:

Indemnification:

You agree to fully indemnify and hold Peter Adams-Shawn harmless from any claim, cost, demand, tax, liability or damage (including legal costs on a full indemnity basis) incurred by Peter Adams-Shawn, its related bodies corporate, directors, employees, agents and representatives arising out of or in connection with a breach by you of these Terms & Conditions, your use of this Website, or the infringement by you of any intellectual property or other right of any person or entity.

Modification of Terms & Conditions:

Peter Adams-Shawn reserves the right to change the Terms & Conditions, including but not limited to the charges associated with the use of the Website. You are responsible for regularly reviewing the Terms & Conditions and additional terms posted on the Website. Your continued use of the Website constitutes your agreement to the Terms & Conditions.

Waiver:

Peter Adams-Shawn's failure to exercise or enforce any one or more of its rights under these Terms & Conditions will not constitute a waiver of such rights unless such waiver is granted by Peter Adams-Shawn in writing.

Governing law:

These Terms & Conditions will be governed and interpreted in accordance with the laws of Western Australia. In the event of a dispute out of or relating to these Terms & Conditions, or your use of or access to this Website, litigation must be brought in a State or Federal Court in Perth, Australia. By using this Website, you consent to the exclusive jurisdiction of those courts.

Averse construction:

No provision of this agreement will be construed adversely against a party solely because that party was responsible for drafting that particular provision.

Relationship:

These Terms & Conditions do not create a relationship of employment, agency or partnership between the parties.

Interpretation:

In these Terms & Conditions, except where the context otherwise requires: