THESE ARE THE TERMS AND CONDITIONS THAT APPLY
FOR THE USE OF THE
STOK -YARD WEBSITE AND ALSO TO ANY OTHER WEBSITE WHICH IS OWNED
OR CONTROLLED BY ADRIAN LANDER PHOTOGRAPHY.
The following Terms and Conditions of Use fully apply to all
websites related to Stok-Yard and Adrian Lander Photography
TERMS AND CONDITIONS OF USE
This document constitutes your Agreement with Stok-Yard and
Adrian Lander Photography.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT
BETWEEN YOU AND STOK-YARD ("STOK-YARD" "WE" OR "OUR").
PLEASE READ THIS AGREEMENT IN ITS ENTIRETY BEFORE YOU CONTINUE
TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CONTINUING TO USE
OR ACCESS THIS WEBSITE YOU ARE INDICATING AGREEMENT TO THE FOLLOWING
TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE PLEASE
DISCONTINUE USING THE SITE.
Ownership of this Website
This website is owned and operated by Stok-Yard. All of the
content featured or displayed on this website, including, but
not limited to, text, graphics, photographs images, moving images,
sound, illustrations and software ("Content"), is owned
by Stok-Yard, its licensors and its content providers.
All elements of Stok-Yard websites, including, but not limited
to, the general design and the Content, are protected by trade
custom, copyright, moral rights, trademark and other laws relating
to intellectual property rights. Except as explicitly permitted
under this or another agreement with Stok-Yard or one of its
subsidiaries, no portion or element of this website or its Content
may be copied or retransmitted via any means and this website,
its Content and all related rights shall remain the exclusive
property of Stok-Yard or its licensors unless otherwise expressly
agreed.
You shall indemnify, Stok-Yard, its subsidiaries, its affiliates
and licensors against any losses, expenses, costs or damages
incurred by any or all of them as a result of your breach of
the terms of this Agreement or your unauthorized use of the Content
and related rights.
Disclaimer
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND
STOK-YARD EXCLUDES TO THE, FULLEST EXTENT PERMITTED BY APPLICABLE
LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY
OR FITNESS FOR A PARTICULAR PURPOSE.
STOK-YARD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE
FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE
NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT
STOK- YARD, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions
of Use or elsewhere on this website, or as otherwise required
by applicable law, neither Stok-Yard nor its directors, employees,
licensors, content providers, affiliates or other representatives
will be liable for damages of any kind (including, without limitation,
lost profits, direct, indirect, compensatory, consequential,
exemplary, special, incidental, or punitive damages) arising
out of your use of, your inability to use, or the performance
of this website or the Content whether or not we have been advised
of the possibility of such damages.
Stok-Yard uses reasonable efforts to ensure the accuracy, correctness
and reliability of the Content, but we make no representations
or warranties as to the Content's accuracy, correctness or reliability.
There may be links to other websites from the Stok-Yard website;
however, these other websites are not controlled by Stok-Yard
and we are not responsible for any content contained on any such
website or any loss suffered by you in relation to your use of
such websites. You waive any and all claims against Stok-Yard
regarding the inclusion of links to outside websites or your
use of those websites.
Governing Law and Forum
This Agreement shall be interpreted, construed and governed
by the laws of the State of Victoria, Australia, without reference
to its laws relating to conflicts of law and not including the
provisions of the 1980 United Nations Convention on Contracts
for the International Sale of Goods.
The Forum for all disputes arising under this Agreement shall
lie exclusively in the Courts of the State of Victoria in Melbourne,
Australia and each party agrees not to contest the personal jurisdiction
of these courts.
Notwithstanding the foregoing, however, Stok-Yard shall have
the right to commence and prosecute any legal or equitable action
or proceeding before any court of competent jurisdiction to obtain
injunctive or other relief in the event that, in the opinion
of Stok-Yard, such action is necessary or desirable.
No Waiver of Terms and Conditions
No action of Stok-Yard, other than an express written waiver
or amendment, may be construed as a waiver or amendment of any
of these Terms and Conditions of Use.
Severability
Should any clause of these Terms and Conditions of Use be found
unenforceable, wherever possible this will not affect any other
clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of
Use prices, information and available contractual license terms
featured on this website without notice. These conditions set
out the entire agreement between Stok-Yard and you relating to
your use of this website.
Copyright Information
It is illegal to reproduce or distribute copyrighted material
without the permission of the copyright owner. Using this website
does not give you any right to use the images, design or text.
If you wish to copy, distribute or publicly display copyright
protected material you should obtain the permission of the copyright
owner or the owner's legal agent. In most cases the copyright
owner is the creator. The photographer owns photographs, text
is owned by the author.
Use of the Website
You may not download, copy, alter, manipulate, reprint, reproduce
or share anything on this website including but not limited to,
the images, design and text without specific permission from
Stok-Yard. This requirement applies whether your purpose is of
a commercial or non-commercial nature.
© Copyright 2001 Stok-Yard. All rights reserved.