TERMS AND CONDITIONS (“TERMS”)
The Pictorial-List is a web platform dedicated to showcasing the work of contemporary photographers and related articles and services. The Pictorial-List is provided by Melanie Meggs and trading as THE PICTORIAL-LIST (ABN.35163349096). The Pictorial-List is a team of six founding members and our goals are to help and inspire photographers amongst a global audience of photography lovers.
Please read these Terms & Conditions carefully before using the website www.thepictorial-list.com (the 'service') operated as The Pictorial-List ('us', 'we', or 'our').
Your access to and the use of this Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use this Service. By accessing or using this Service you agree to be bound by these Terms.
The Pictorial-List may change the Terms and Conditions from time to time and at any time, and without actual notice to you. All such changes to these Terms and Conditions will appear on www.thepictorial-list.com. By using this site after we post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
You are solely responsible for any data, text, software, images, photographs, graphics, video, music, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through The Pictorial-List, including but not limited to the contents of your e-mail communications, information, photos or images submitted by you for your Portfolio Page, Interview and Story. By submitting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. You agree to not submit anything to which you do not have the rights to. The Pictorial-List does not own or control the Content submitted or posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will The Pictorial-List be liable in any way for any Content posted by any User or third party, including, but not limited to, liability 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, e-mailed or otherwise transmitted via the Service. Failure to do so, constitutes a breach of the Terms, which may result in immediate termination of your portfolio on our Service.
The Pictorial-List does not claim any permanent ownership of Content you submit or make available for inclusion on the Service. We require a limited license to host and display this content, as specified below, which lasts as long as you choose to host your work on the service. For example, one purpose for this limited license is to enable The Pictorial-List to present your work across the whole The Pictorial-List Network (the editorial content about you and your work), and partner sites (including our social media sites) that present your work professionally - linking back to your portfolio. We require a limited license for your content in order to present it in the many places and various forms across The Pictorial-List site and affiliated sites. The limited license below is required to allow The Pictorial-List to host, display, organize, and propagate a submitted photographer's portfolio of projects. By communicating with The Pictorial-List, and its members, including submitting or sending Content, correspondence or other information or material to The Pictorial-List, you grant The Pictorial-List a limited license, for the period of time your Content is published on The Pictorial-List's systems, to display the work royalty-free, unrestricted, and world-wide, across The Pictorial-List's sites, in search results, and in The Pictorial-List Categories and Features. In some instances, media must be reformatted for display and incorporation into The Pictorial-List's galleries. As such, during this limited license, you allow The Pictorial-List to reproduce, modify, publish, translate, distribute, perform and display your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating Content, in whole or in part, into a Pictorial-List feature or in promotional or marketing materials (attributed properly to the artist).
The Pictorial-List will NEVER assume ownership of your work, and the artist's copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of The Pictorial-List's platform and affiliated sites. Work submitted to The Pictorial-List remains owned by the artist, under the artist's selected copyright settings, and those artists decide whether or not to sell their work to third parties - The Pictorial-List does NOT act in the selling of photographer's work. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content. You acknowledge and agree that how we display or the inclusion of your Content shall be in the sole discretion of The Pictorial-List and your Content may or may not be included on The Pictorial-List website for any reason or no reason at all.
BY UPLOADING CONTENT TO THE PICTORIAL-LIST'S WEBSITES YOU AGREE NOT TO VIOLATE ANY LAW, REGULATION OR AGREEMENT WITH RESPECT TO ANY INTELLECTUAL PROPERTY RIGHT WHICH MAY APPLY, AND YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, THE PICTORIAL-LIST - IT'S OWNERS, MEMBERS, AGENTS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS ALLEGING VIOLATION OF ANY INTELLECTUAL PROPERTY RIGHT ASSOCIATED WITH YOUR USE OF THE WEBSITE.
LINKS TO OTHER WEB SITES
Our Service may contain links to third-party websites or services that are not owned or controlled by The Pictorial-List. The Pictorial-List has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that The Pictorial-List shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
SPECIAL NOTICE: Linked sites may contain graphics and content that may be offensive and may include sexually explicit material unsuitable for minors. If you enter any such linked sites, you assert that you are of legal age in your country to view such material and that we will not be held responsible for any such linked sites.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We operate the Site from our office in Newcastle, Australia. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE PICTORIAL-LIST, ITS MEMBERS, AFFILIATES, SPONSORS, ADVERTISERS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THE PICTORIAL-LIST OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
1. THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, THE PICTORIAL-LIST AND ITS AFFILIATES, MEMBERS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (2) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.
2. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.
3. THE PICTORIAL-LIST DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
4. THE PICTORIAL-LIST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (RATHER THAN THE PICTORIAL-LIST OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
If you have any questions about these Terms, please contact us.