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TERMS OF USE

Welcome to the Our Photo Planet website, located at www.ourphotoplanet.com (the Website) and/or the Our Photo Planet mobile application (the App) which are operated by Battle Pup Pty Ltd, trading as Our Photo Planet, A.C.N. 152 218 374 (we, us, our, or Our Photo Planet).

Your access to, and use of, the Website and/or the App are conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document (collectively known as Terms of Use). Your use of, and access to, the Website and/or the App constitutes your agreement to the Terms of Use.

We may at any time and at our sole discretion, amend, revise or modify the Terms of Use. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review the Terms of Use, which can be viewed here. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

Our Services

Our Photo Planet provides you with access to, and use of, online photo sharing software via the Website and/or the App (our Services). Your decision to create an Our Photo Planet Account (Account) means you acknowledge that you have read, understood and agree to be bound by the Terms of Use.

When creating the Account, you warrant that:

We cannot be responsible for any delays or interruptions to our Services. We will use commercially reasonable efforts to minimise delays and interruptions. However, we cannot warrant that the Website and/or the App will be available at all times or at any given time.

We may at any time and without notice to you, discontinue our Services in whole or in part. However, we cannot be responsible for any loss, cost, damage or liability that may result from our discontinuance of the Services.

We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website and/or the App may not be legal by certain persons or in certain countries. If you access the Website and/or the App, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.

Content

You understand that the Website and/or the App may contain and/or display content provided by third parties via an Our Photo Planet Account, including comments, photos, illustrations, video clips, sound clips and any other media (“Content”). You agree and acknowledge that all Content is the sole responsibility of the person from which such Content originated. Our Photo Planet reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via the Website and/or the App. You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable, and that you use the Website and the App at your own risk. However, if you encounter any offensive, indecent or objectionable Content via the Website and/or the App, please report it to us at inappropriate@ourphotoplanet.com.

You further understand, acknowledge and agree that in accessing and/or using our Services, particularly uploading, sharing, posting, submitting, sending, publishing and otherwise transmitting Content via the Website and/or the App, you are bound by the Upload Terms, which forms a part of the Terms of Use.

Prohibited conduct

In relation to our Services, you must not:

Intellectual Property

To the exclusion of all Content, transmitted by you or a third party via the Website and/or the App, the material on the Website and the App, including the software, design, text, images and graphics comprised in the Website and the App, and the selection and layout of the Website and the App, are owned or under licence by Our Photo Planet and protected by Australian and international laws.

Your access to, and use of our Services do not grant you a licence or act as a right of use of any of the trade marks or logos, whether registered or unregistered, that are displayed on the Website and/or the App without the express written permission of the trade mark owner.

To the exclusion of all Content, transmitted by you or a third party via the Website and/or the App, we own the copyright, which subsists in all creative and literary works that are displayed on the Website and the App.

You may view the Website and/or the App and its contents using your web browser or your app-enabled mobile device. In visiting the Website and/or the App, you may make a temporary copy of the Website and/or the App by means of the usual operation of your web browser or app-enabled mobile device only.

Except for any Content you own, you must not:

Third party links

The Website and/or the App may contain hyperlinks and other pointers to websites operated by third parties (“Linked Websites”). We do not control Linked Websites and are therefore not responsible for the content of any Linked Website or any hyperlink contained in a Linked Website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a Linked Website or the products or services offered at Linked Websites. You visit Linked Websites entirely at your own risk.

Advertisements and Promotions

From time to time, we may display on the Website and/or the App, advertisements and promotions from third parties, which may contain Linked Websites. You acknowledge and agree that such third party advertisements and promotions may be placed on, about, or in conjunction with your Content, and without notice to you. You further acknowledge and agree that we are not responsible for the content, goods and/or services accessed by, or associated with, Linked Websites. Any business dealings or correspondence with third parties via Linked Websites are solely at your own risk and between you and the third party.

We do not provide any warranty or take any responsibility for any aspect of Linked Websites or their content. You further indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of any such dealings with third parties. You should make your own investigations with respect to the suitability of goods and/or services offered to you via a Linked Website.

Indemnity

By using the our Services, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website and/or the App by you.

Disclaimer

Some legislation such as the Australian Competition and Consumer Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.

Except for your Statutory Rights and with respect to our Services:

To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website and/or the App.

You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website and/or the App.

Limitation of Liability

To the extent permitted by law, our liability for breach of any implied warranty or condition, which cannot be excluded by the Terms of Use, is limited, at our option, to one or more of the following:

Privacy

By agreeing to and accepting the Terms of Use, you also agree to the terms of the Our Photo Planet Privacy Policy.

Termination

The Terms of Use are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by the Terms of Use and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

We rely upon your continued observance of the Terms of Use. If we suffer loss or damage or incur any costs associated with any breach by you of the Terms of Use or any associated legal obligation, you agree to indemnify us for those losses, damages and costs.

If any provision of the Terms of Use is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the document, which will continue in full force and effect.

All rights not expressly granted in the Terms of Use are reserved.

If we do not act in relation to a breach of the Terms of Use by you, this does not waive our rights to act with respect to subsequent or similar breaches of the Terms of Use by you.

Applicable Law

The Terms of Use are governed by and construed in accordance with the laws of the State of South Australia, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the South Australia and Courts of Appeal from them for determining any dispute concerning the Terms of Use.

Contacting us

If you have any questions relating to the Terms of Use, please contact us by emailing legal@ourphotoplanet.com.

Terms of Use last updated on 30 August 2011.

UPLOAD TERMS

This agreement (Agreement) is between you and Battle Pup Pty Ltd, trading as Our Photo Planet, A.C.N. 152 218 374 (we, us, our or Our Photo Planet).

General Terms

This Agreement governs the content that you provide to Our Photo Planet when uploading, posting, sharing, submitting, sending, publishing and/or making available via the website displayed at www.ourphotoplanet.com (the Website) and/or Our Photo Planet’s mobile application (the App), including all comments, photos, illustrations, video clips, sound clips and any other media (Content).

We may at any time and at our sole discretion, amend, revise or modify this Agreement. Although we may notify you of any amendment, revision or modification, it is your responsibility to periodically review this Agreement. You agree to be bound by such changes, modifications or revisions as made by us from time to time.

Your Our Photo Planet Account

In order to upload Content, you are required to create an Our Photo Planet account (Account). When creating the Account, you warrant that:

By creating the Account and registering as a user of the Website and/or the App you agree to:

We undertake to take all due care with any information you provide to us when creating, updating and accessing your Account, and we are bound in compliance with Australian Privacy Laws as set out in our Privacy Policy.

Content

You are solely responsible for all Content that you create, transmit, display or otherwise upload via your Account and for any consequence of uploading that Content. You agree to use your Account for lawful purposes only and in accordance with this Agreement. If you are located outside Australia, you agree to comply with your local jurisdiction’s laws regarding online conduct and acceptable content, including laws regulating the export of data to and from Australia or your country of residence.

We do not guarantee any confidentiality with respect to any Content that you upload via your Account.

You agree that you will not upload Content that:

You authorise Our Photo Planet to create algorithms based on the Content for the purposes of:

You acknowledge that Our Photo Planet reserves the right, at its sole discretion, to limit the number or size of the Content you upload or download via the Website and/or the App, or the amount of storage space, bandwidth or other resources you may use, and Our Photo Planet reserves the right to suspend or terminate your Account based on usage that exceeds any specified limits.

Our Photo Planet reserves the right to remove from the Website and/or the App any Content for any reason whatsoever. The removal, deletion or failure to store or make available any Content and other communications maintained and transmitted via the Account may occur without any liability to Our Photo Planet.

Licence

Our Photo Planet does not claim ownership or control over any Content uploaded via the Account. You, or a third party licensor, as appropriate, are responsible for protecting your rights with respect to intellectual property in the Content. However, by uploading Content via the Account, you grant Our Photo Planet a worldwide non-exclusive, sub-licensable, royalty-free licence to:

Warranties and Representations

You warrant and represent Our Photo Planet that:

Indemnity

In accepting the terms of this Agreement, you agree to indemnify Our Photo Planet and keep Our Photo Planet fully indemnified against all proceedings, claims, actions, damages, costs, losses or harm suffered by Our Photo Planet as a consequence of any breach or non-performance by you of any of the representations or warranties contained in this Agreement.

Acceptance of Submissions

Our Photo Planet is in no way obliged to accept any Content uploaded by you via your Account.

Limited Recourse

You will have no recourse whatsoever against any director, shareholder, agent, representative or individual associated with Our Photo Planet. Any rights or remedies must be brought and enforced against Our Photo Planet itself.

Termination of Account

We reserve the right to immediately terminate the Account if you are in breach of this Agreement. Such termination may occur at our sole discretion and without notice to you. If we do decide to terminate the Account, you agree to hold harmless Our Photo Planet and its related entities.

Governing Law

The laws of the state of South Australia, Australia govern this Agreement.

Upload Terms last updated on 30 August 2011.