Terms and Conditions

Terms and Conditions

DOCUMENT REVISIONS

21st June 2014 - Deployed

 

TERMS AND CONDITIONS

IMPORTANT NOTICE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THIS AGREEMENT APPLIES AS BETWEEN YOU, THE "USER", OF THIS WEBSITE AND EPHOTOQUEST, THE "WEBSITE OPERATOR". BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND TO ANY TERMS, POLICIES AND GUIDELINES REFERENCED.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These terms and conditions of use ("Terms and Conditions") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with ePhotoQuest, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms and Conditions. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms and Conditions on such entity's behalf, and that such entity agrees to indemnify ePhotoQuest for violations of these Site Terms.

This Site uses a website platform that is owned by PhotoDeck (www.PhotoDeck.com). We at ePhotoQuest licence this platform in order to publish, market, license, sell and distribute our images, video clips, services and other products, in digital or physical format, to visitors of this Website. The Terms and Conditions in this document apply to Users of ePhotoQuest site. Users of this Site should view PhotoDeck's terms and conditions at http://www.PhotoDeck.com/terms.

All clause and section headings used in this document are for clarity and convenience only and have no legal or contractual effect.

 

1. DEFINITIONS

In these Terms and Conditions the following definitions apply: -

1.1 “Account”

This means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Website.

1.2 “Content”

This means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.

1.3 “Material”

This means Content that ePhotoQuest makes available for viewing and purchase by Users. This will be predominantly digital still-image files, but may also include, but not limited to, film negatives, transparencies, prints, video, or any other audio visual representation or media that has been generated optically, digitally or electronically.

1.4 “Licence”

This means the terms and conditions governing your use of Material purchased from this Website.

1.5 "Licensed Material"

This means the Material that has been purchased and/or downloaded or will otherwise be delivered to the Licensee, and that is subject to the terms of the appropriate Licence, which is only applicable after purchase confirmation is received by ePhotoQuest.

1.6 "Licensee"

This means the person or entity that is specified during the purchasing process, as named on the applicable purchasing invoice, that receives the rights specified in the Licence for the Licensed Material.

1.7 "Licensor"

This means the person or entity that is qualified to grant the rights to the Licensed Material. For the avoidance of doubt, the entity ePhotoQuest, with owner Mr Glenn G Cassim, is the Licensor of all Material presented on this Website. Where appropriate, the name "ePhotoQuest" will be interchanged with the word "Licensor".

1.8 “Service”

This means collectively any online facilities, tools, services or information that ePhotoQuest makes available through the Website either now or in the future.

1.9 “Payment Information”

This means any details required for the purchase of Material from this Website. This includes, but not limited to, name, contact information, credit / debit card numbers, bank account numbers and sort codes.

1.10 "Purchaser"

This means an entity purchasing a License on behalf of a third-party Licensee.

1.11 “Purchase Information”

This means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form.

1.12 "Reproduction", "Reproduced"

This means any form of duplication, copying, manipulation, distortion or publication of Licensed Material or creation of derivative work based on Licensed Material, by any method, on any medium.

1.13 “System”

This means any online communications infrastructure that ePhotoQuest makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, forums, live chat facilities and email links;

1.14 “User” / “Users” / "You" / "Yours"

This means any third party that accesses the Website who is not employed by ePhotoQuest or acting in the course of their employment;

1.15 “We/Us/Our”

This means ePhotoQuest.

1.16 “Website” / "Site"

This means the website that you are currently using (www.ePhotoQuest.com) and, unless expressly excluded by their own terms and conditions, any sub-domains of this site.

 

2. COPYRIGHT AND INTELLECTUAL PROPERTY

2.1 Copyright Ownership

All Content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout and overall design is the property of ePhotoQuest, Our licensors, Our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable international intellectual property and other laws.

2.2 Reproduction

You may not reproduce, copy, distribute, store or by any other means re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

2.3 Social Media Distribution

Without prejudice to other clauses in these Terms and Conditions or the conditions set out in any of the Licenses Agreements, you may distribute a digital copy of the image(s) known as 'Comping Images' displayed on this site, to any social media platform such as Facebook, Instagram, and Twitter, provided (i) the size of the image(s) is less than or equal to 800 pixels in length and width, (ii) the image(s) are not altered in any way from the original displayed on this site, (iii) the image(s) retain the original ePhotoQuest watermark and copyright notice, and (iv) the copyright credit information for the image(s) is displayed as part of a text comment that is attached to the image(s) on the social media site. For the purposes of copyright credit, "© 2014 Glenn G Cassim - ePhotoQuest.com - All rights reserved" should be used. The Comping Image(s) may not be used for commercial use, where you receive any form of remuneration, money or fees, and the images(s) may not be sold, resold, re-licensed, sub-licensed, transmitted to other third-parties, used for advertising, or used for any other purposes other than specified in the License Agreement, by the Licensor in the Invoice, or otherwise in writing.

2.4 Infringement

In accordance with various international copyright and other applicable laws, ePhotoQuest has a policy of terminating the access, where appropriate and at ePhotoQuest's sole discretion, of any Users who infringe intellectual property rights of ePhotoQuest or any third party.

2.5 Infringement Notification

If you believe that any material on the Site infringes upon any copyright, you may notify us at [email protected] Any infringements will be notified by a public announcement on this Site, or direct to User's account email address as deemed appropriate.

2.6 Licensed Material

The copyright of all Material from this Site shall remain owned by ePhotoQuest and its photographers at all times throughout the world. The copyright and ownership rights to any Material that is licensed will not be transferred in any way, at any time, or any form to the Licensee, and there are no other provisions to transfer copyright or ownership.

2.7 Trademarks
The ePhotoQuest Trademarks, logo, and any other product or service name or slogan contained in the Site are trademarks of the ePhotoQuest, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ePhotoQuest. All other trademarks, company names, or product names mentioned in the Site are the property of their respective owners. Unless otherwise stipulated, reference to any services, products, or other information, by trade name, trademark, manufacturer or otherwise does not constitute or imply any endorsement, affiliation, sponsorship or recommendation thereof by ePhotoQuest.

 

3. LINKS

3.1 Links to this Site

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.ePhotoQuest.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at [email protected]

3.2 Links from this Site

This Site may contain links to other sites. Unless expressly stated, these sites are not under the control of ePhotoQuest or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. Unless otherwise stipulated, links to external sites does not constitute or imply any endorsement, affiliation, sponsorship or recommendation thereof by ePhotoQuest.

 

4. COMMUNICATIONS

4.1 Site System Services Policies

You agree that under no circumstances will you use the Site, System or Services to: -

  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party ;
  • harm minors in any way ;
  • violate any law or otherwise engage in any unlawful activity ;
  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable ;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships ;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity ;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment ;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.

4.2 Posted Information

You agree and acknowledge that: -

  • you are solely responsible for the form, content and accuracy of any Content you upload and/or post ;
  • the Site or Site Operator may or may not pre-screen Subscriber Content, but that the Site or the Site Operator and its designees shall have the right (but not the obligation) at their sole discretion to pre-screen, refuse, or remove any Subscriber Content ;
  • the Site reserves the right to, at its discretion, suspend or terminate your right to use the Service or the Site in general, if it has reason to believe that you violate the aforementioned rules of conduct or engage in other offensive conduct. No refund of fees or other amounts will be made if you violate or breach any of the Terms and Conditions ;
  • under no circumstances will the Site, Site Opaerator or its designees be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Services.

4.3 Email Contact

We may from time to time like to send our Users information about Our products and/or services. If you do not wish to receive such information, please click the 'unsubscribe' link at the bottom of any email received from us to avoid future mailings.

 

5. LICENSES

5.1 License Agreement

Materials may be licensed from this Site, applying to both purchased Material and free preview Material. Each type of License has a full set of individual rights and restrictions applied to the usage of the Material. These license descriptions are fully encapsulated in the Image Licensing Agreement, which can be found on this Site here.

5.2 Licensee Responsibility

It is required by our Site design that a registered User who purchases the Licensed Material, the Purchaser, is designated the Licensee on the Invoice. The User designated the Licensee is fully and wholly responsible for complying with all parts of the Licensing Agreement(s) for all Licensed Materials.

5.3 Licensed Third Party

Where the Purchaser wishes to purchase Licensed Material on behalf of a third-party, this request along with all details of the third-party need to be sent to ePhotoQuest prior to purchase, whereupon, if acceptable by Us, the License and Invoice will be modified with the appropriate Licensee defined. All Licenses, aside from a Print Image License, are non-transferrable after Purchase has been completed.

 

6. ACCOUNTS

6.1 Account Creation

In order to purchase Material on this Website and to use certain other parts of the Website you are required to create an Account which will contain certain personal details (including Payment Information) which may vary based upon your use of the Website. By continuing to use this Website you represent and warrant that: -

  • all information you submit is accurate and truthful ;
  • all entered information complies with section 4 COMMUNICATIONS ;
  • you have permission to submit Payment Information where permission may be required ;
  • you will keep this information accurate and up-to-date.

6.2 Account Sharing

Sharing of accounts is not permitted unless We expressly authorise it in writing. You are required to keep your Account details confidential and must not reveal your username and password to anyone. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

6.3 Account Consent

If you have reason to believe that your Account details have been obtained by another without consent, you should contact Us immediately at [email protected] to suspend your Account. Any pending Account purchasing activity will be halted where possible, but completed purchases cannot be cancelled and the User accepts all liability for such activity.

6.4 Account Responsibility

By using your account with this Site, you accept all responsibility for any and all activities that occur under your account and accept all risks of unauthorized access to the registration data and any other information you provide to ePhotoQuest.

 

7. PURCHASING

7.1 Material Descriptions

Whilst every effort has been made to ensure that all graphical representations and / or descriptions of Material available from the Website correspond to the actual Material, We are not responsible for any variations from these descriptions.

7.2 Defining Usage
Where appropriate, you may be required to select the required type, size, format, geographical market territory, intended usage details and other various specifications of the Material that you are purchasing. This information needs to be an accurate reflection of the intended usage, since this defines the cost of such Material, and the final License under which the Material can actually be legally used.

7.3 Pricing

All pricing information on the Website is correct at the time of going online. In some cases final pricing of Material will be affected by usage options chosen for Licensing, plus any deductions from coupons. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

7.4 Coupons

On a periodic basis, or as deemed necessary, "coupon" codes may be distributed publically, to all Users, or some Users. Where the coupon codes are for the sole usage by the User(s), the coupon codes should not be redistributed to other Users, third-parties or put on any public displays. A breach of this policy may lead to suspension or termination of an offending User's account.

7.6 Purchase Processing

All ecommerce credit card processing and handling occurs by our credit card Processor Stripe Incorporated. All payment information is sent to and handled as necessary by the Stripe Incorporated website. No payment information is stored on either the ePhotoQuest web server or PhotoDeck website framework servers. Please view the Stripe Privacy Policy here. We are unable to accept any responsibility for issues that you have with the Stripe check-out process, but will endeavour to help with any problems that occur.

7.7 Exclusive Notification

When purchasing an exclusive License, 'exclusivity' can be defined in terms of geographic territory and length of time. It is therefore necessary that a User, prior to purchasing a License on an exclusive basis, contact ePhotoQuest with full terms of the exclusivity required, in order that We can ensure there is no conflict with any other exisiting License.

7.8 Purchase Completion

Material will be made available to download immediately upon Our confirmation of a User's purchase, with an email sent to the User's email address with a download link of all Material, Licences and Invoice. The Material may be downloaded immediately by clicking the link.

7.9 Consumer Rights

For many territories of the world, including, but not limited to, the EU and Australia, a purchasing User has a statutory right to a “cooling-off” period with respect to the purchase of certain goods and services. This period, if applicable, usually lasts for 14 days from the purchase confirmation. Since purchased Material on this Website is made available immediately upon purchase, this gives the User the option to download the Material immediately. During the purchasing process, the User will need to tick a check-box acknowledging they are aware that once the Licensed Material has been downloaded, the Material is considered 'used' and the User will therefore waive their statutory rights. Notwithstanding, please see our refund and cancellation conditions described in clauses 7.10 and 7.11.

7.10 Corrections

Without prejudice to clause 7.9, we do have a policy for dealing with corrections, covering all types of Material Licences. If the digital or printed Material a User downloads or otherwise receives does not match the items that were ordered, or the Material contains fault(s) or error(s) that are caused by some mistake or oversight on the part of ePhotoQuest, the Purchaser should contact Us with all relevant details within thirty (30) days of downloading the files or receiving the print image. Where the fault is ours, we will rectify the mistake, fault(s) or error(s) as soon as possible, sending the corrected Material to the User, or where the problem cannot be rectified, a full refund will be given to the User for the affected Material. The refund will be a credit-card refund that takes 5-10 days to clear. Mistakes, fault(s) and error(s) for the purposes of this clause includes, but is not limited to, incorrect image, data corruption, download errors, missing files, incorrect size supplied, and similar issues. Situations that will not be considered covered under this clause include, but not limited to, color mismatch, minor metadata inaccuracies, an error by Purchaser, or a Purchaser's "change of mind".

7.11 Cancellations and Refunds

Without prejudice to clauses 7.9 and 7.10, we have a cancellation and refund policy, varying according to type of Material Licence, where all notifications of cancellation must be received by ePhotoQuest within thirty (30) days of purchase to qualify for any refund. For a Royalty-Free License, there is a 20% cancellation fee. For a Rights-Managed and a Rights-Managed Exclusive License, there is a 5% cancellation fee. For a Print Image license, there is a cancellation fee that equates to the printing costs plus shipping. Any refunds will be via a credit-card refund that takes 5-10 days to clear. No cancellations or refunds will be accepted beyond thirty (30) days after the Purchase date.

7.12 Tax

All prices on this website exclude VAT, sales tax, or any other taxes included. Any taxes applicable to a User's country of association shall be handled exclusively by the User. ePhotoQuest accepts no liability for any taxable issues a User may have as a result of purchasing from the Site.

 

8 TERMINATION

8.1 User Account

Either ePhotoQuest or User may terminate a User Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.

8.2 Licence Agreement

Should there be a breach of License conditions for any Material licensed to a User, their account will be terminated, and their License to use the Material will be cancelled. Any other licenses held by the User will remain intact, subject to any terms to the contrary in the those Licences.

 

9 PRIVACY

Use of this Site is governed by Our Privacy Policy. To view the Privacy Policy, please click on this link.

 

10 NO WAIVER

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

11 MODIFICATIONS

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise. Any modification to these Terms and Conditions will be made available on this Site, the date of which will be indicated at the beginning of this document.

 

12 THIRD PARTY RIGHTS

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and ePhotoQuest.

 

13 INDEMNITY

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EPHOTOQUEST, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, THIRD PARTY INFORMATION PROVIDERS AND INDEPENDENT CONTRACTORS AGAINST ANY CLAIMS, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATED TO ANY USER CONTENT THAT YOU POST, STORE OR OTHERWISE TRANSMIT ON OR THROUGH THE SITE, YOUR CONDUCT, YOUR USE OR INABILITY TO USE THE SITE, YOUR BREACH OR ALLEGED BREACH OF THE SITE TERMS OR OF ANY REPRESENTATION OR WARRANTY CONTAINED HEREIN, YOUR UNAUTHORIZED USE OF THE EPHOTOQUEST CONTENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

 

14 DISCLAIMER

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: -

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE OWNER EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.

EPHOTOQUEST MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT UPLOADED WILL BE AVAILABLE (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vii) THAT ANY PART OF THIS WEBSITE CONTITUTES ADVICE THAT CAN BE RELIED UPON FOR MAKING DECISIONS OR TAKING ACTION OF ANY KIND, AND (viii) THAT ANY PART OF THIS WEBSITE WILL REMAIN UNALTERED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

 

15 LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: -

EPHOTOQUEST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR ACEESS ANY INFORMATION CONTAINED THEREIN, (ii) DOWNLOAD AND USE OF ANY CONTENT THAT VIOLATES THESE TERMS AND CONDITIONS, (iii) UNAUTHORIZED DISCLOSURE OF USER CONTENT, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.

In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

 

16 LAW AND JURISTICTION

THESE TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN YOU AND EPHOTOQUEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH AUSTRALIAN LAW, AND EPHOTOQUEST AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF AUSTRALIA.

 

Note: The contents of this page are © 2014 ePhotoQuest - All rights reserved

Formal terms and conditions