General Terms and Conditions

Introduction

Welcome to Red Flair Photography & Imaging Upload Service, provided to you by RED FLAIR PTY LTD ABN 11 353 994 234. Your use of the Upload service constitutes acceptance of these Terms of Service and creates a binding legal agreement, so please read them carefully.

Trademark and Copyright

Red Flair Photography & Imaging Upload Service and all related graphics, logos and service names are trademarks of Red Flair and or its affiliated companies. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any trademark in connection with any product or service without the express permission of the owner of that trademark.

You should assume that all of the content or other works made available to you through the service including photographic images owned by third parties (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.

Your Conduct

Unacceptable actions and content, further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of your order. As condition of your use of this service, you shall not:
(a) Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
(b) Upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(c) Harm minors in any way;
(d) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
(e) Upload, post, email or otherwise transmit 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;
(f) Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
(g) Exhibit expressions of abuse, offensive language and imagery, obscenity, or pornography, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other material that could give rise to any civil or criminal liability under applicable State or Commonwealth law, or violating any laws or regulations of any governing body having jurisdiction over Red Flair Photography & Imaging, its affiliates or users.

No Monitoring of Content

Red Flair PTY LTD does not control the content of any user's images and does not have any obligation to monitor such images for any purpose. All images provided by a user of this service are the sole responsibility of that user, not Red Flair.

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

THE FOLLOWING STATEMENT DOES NOT TAKE AWAY ANY RIGHTS YOU MAY HAVE UNDER THE TRADE PRACTICES ACT OR EQUIVALENT STATE LEGISLATION.

To the extent permitted by law, this site and all products and services provided by Red Flair are provided "as is" with no warranties whatsoever, and all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed.

Red Flair disclaims any warranties for the security, reliability, timeliness, and performance of this service.

You, the user, understand and agree that the submission of any digital image to Red Flair Photography & Imaging Upload Service, and the download of any material through the Red Flair Photography & Imaging Upload Service is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your image, any loss of your image and any damage to your computer system or loss of data that may result in the download of any material.

In the event we agree the quality of your print is not satisfactory, we will gladly reprint the image for you. (Note the quality of the print is dependent on the quality of the original image submitted by you.)

Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, Red Flair shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, and punitive damages, even if Red Flair has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. No additional liability or responsibility is accepted for handling commercial, academic or professional work.

General Terms

All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the State of Victoria (Australian customers). These Terms of Service constitute the entire agreement between you and Red Flair Photography & Imaging Upload Service with respect to the use of this service. Red Flair Photography & Imaging Upload Service's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law. All prices quoted are in Australian dollars and unless otherwise indicated include GST.

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