Studio P.H. terms and conditions

Definitions:

• “Delivery Partner" means any photographer or other entity who sells, or otherwise provides, a personalised Studio P.H. web site (“Site”) to their client.
• "Customer” means any person who has a Site provided to them by Studio P.H., ABN XXXXXXXX ("Studio P.H. ") and/or one of its Delivery Partners.
• “End-User” means any person who accesses the Site, including the Customer.
• “Material” means anything provided by the Customer or an End-User to Studio P.H. in connection with a Site , including but not limited to text, pictures, video, sound, and graphics.

Terms and Condition for all people who visit any part of www.Studio P.H. .com.au:

1.      All Sites are licensed, not sold, and as such ownership remains with Studio P.H. at all times.

2.      Sites cannot be used by Customers or their associates for profit-making purposes, which includes, without limitation, charging anyone a fee to access the Site or to receive the Site access password (“Password”).

3.      Sites cannot be modified except as agreed between Studio P.H. and an End-User.

4.      Studio P.H. provides access to content only, and does not provide internet access, which must be arranged separately with an internet service provider or similar.

5a.      By providing the Password to others (which includes electing not to have a password, or in any other way having the site accessible to the surfing public, such as having the site accessible via a 3rd party web site), the Customer accepts responsibility for the actions of End-Users who access their Site using such Password, and the Customer indeminfies and holds harmless Studio P.H. in connection with the aforementioned actions.

5b. By requesting or electing to have a Site accessible directly from a link on their own web site, a Delivery Partner agrees to take joint responsibility with the Customer for actions of End-Users who access their Site using such link, and the Delivery Partner indeminfies and holds harmless Studio P.H. in connection with the aforementioned actions.

6.      The Customer warrants that it has copyright and/or legal rights to use all Material provided by it to Studio P.H. .

7.      The Customer warrants that all information provided by it to Studio P.H. is correct, complete, and not defamatory in any way.

8.      The Customer warrants that none of the Material provided by it to Studio P.H. or otherwise uploaded onto its Site is pornographic, illegal, or offensive in nature. In this respect, Studio P.H. may remove or refuse to publish any material it believes to be inapproprate at its absolute discretion without recourse from the Customer.

9.      The Customer permits Studio P.H. to place any or all Material provided to it onto a Site, and to make backup copies of that Material as deemed necessary by Studio P.H. .

10.   Studio P.H. will not use Material provided to it for any profit-making purpose other than in providing a service to the Customer. This means that Studio P.H. cannot misuse anything contributed by an End-User, for example by placing it on a non-password-protected site open to the general public (unless that was the request of the Customer).

11.   None of the following may be duplicated without consent:

1. the selection and arrangement of facts and ideas located on this site or any major portion;
2. the original expression that the facts and ideas of this web site are clothed in, except as allowed under the provisions of copyright law;
3. the code for any page or substantial layout;
4. any original graphics unless otherwise stated.

12.   Studio P.H. reserves the right to discontinue or alter a Site for any reason and at any time it deems appropriate without recourse from the Customer.

13.   The Site is provided as-is, and Studio P.H. makes no warranty of any kind, express or implied, including but not limited to;

1. that the Site will work, be error free, or be available at all times;
2. that the Site will be suitable for a particular use;
3. that the Site is year 2000 compliant.

14.   As Studio P.H. cannot control visitors to the Site other than through provision of a Password, no responsibility is accepted by Studio P.H. for actions of any End-User, including but not limited to robots, crawlers, and persons not known to the Customer.

15.   While Studio P.H. will endeavour to return original Material to the Customer, Studio P.H. takes no responsibility for lost Material.

16.   Studio P.H. takes no responsibility for viruses which may be directly or indirectly distributed by the Site or End-Users.

17.   Studio P.H. is not liable for any damages whatsoever arising from the existence of the Site, actions of End-Users, or actions of any party whatsoever in relation to this web site.

18.   If Studio P.H. is found to be liable to a Customer or End-User for damages or in any other way, then the quantum of such liability shall be limited to the value of consideration originally paid by the Customer to Studio P.H. in relation to provision of the Site.

19.   Customers and End-Users indemnify Studio P.H. for any liability or damages which arise from any breach of their obligations or warranties listed herein.

20.   These terms and conditions are subject to change without notice by posting the changes to the web site.

21.   Any action taken in relation to the Site or Studio P.H. must be taken in a court in New South Wales, Australia.

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