Last updated: (15 February 2017)
DC Images (hereafter referred to as the “Studio”) owns and operates www.dcimages.com.au (hereafter referred to as the “Site”).
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service and/or Terms.
OVERVIEW
The Site (www.dcimages.com.au) is owned and operated by the Studio (DC Images). Throughout the Site the terms “we”, “us” and “our” refer to the Studio. The Studio offers the Site including all information, tools and services available from the Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting the Site and/or purchasing items from the Studio, you engage in the Studio products and/or services (hereafter “Service” refers to the Studio products and/or services) and agree to be bound by the following terms and conditions (hereafter referred to as the “Terms of Service” and/or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service in this agreement, then you may not access the Site or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. The Studio reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given the Studio your consent to allow any of your minor dependents to use the Site.
You may not use the Studio Service for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of the Studio Services.
SECTION 2 – GENERAL CONDITIONS
The Studio reserves the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Studio, the Site and/or Services without express written permission from the Studio.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Studio is not responsible if information made available on the Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more-timely sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Studio reserves the right to modify the contents of the Site at any time, but the Studio has no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for the Studio Service are subject to change without notice. The Studio reserves the right at any time to modify or discontinue a Service (or any part or content thereof) without notice at any time.
The Studio shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site and/or Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain Service may be available exclusively online through the Site. This Service may have limited quantities and are subject to return or exchange only according to the Studio Return Policy.
The Studio has made every effort to display as accurately as possible the colours and images of the Studio Service that appears on the Site. The Studio cannot guarantee that your computer monitor’s display will accurately reflect the Service the Site provides.
The Studio reserves the right, but are not obligated, to limit the sales of their Service to any person, geographic region or jurisdiction. The Studio may exercise this right on a case-by-case basis. The Studio reserves the right to limit the quantities of any Service that the Site may offer. All descriptions of Service pricing are subject to change at any time without notice, at the sole discretion of the Studio. The Studio reserves the right to discontinue any product at any time. Any offer for any Service made on the Site is void where prohibited.
The Studio does not warrant that the quality of any products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
The Studio reserves the right to refuse any order you place. The Studio may, in their sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Studio make a change to or cancel an order, the Studio may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Studio reserves the right to limit or prohibit orders that, in their sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made via the Studio and/or the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that the Studio can complete your transactions and contact you as needed.
For more detail, please review the Studio Returns Policy.
SECTION 7 – OPTIONAL TOOLS
The Studio may provide you with access to third-party tools over which the Studio neither monitor nor has any control or input.
You acknowledge and agree that the Studio provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The Studio shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
The Studio may also, in the future, offer new Service and/or features through the Site (including, the release of new tools and resources). Such new features and/or Service shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and Service available through the Site may include materials from third-parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with the Studio. The Studio is not responsible for examining or evaluating the content or accuracy and the Studio do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
The Studio is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at the Studio request, you send certain specific submissions (for example contest entries) or without a request from the Studio you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that the Studio may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to the Studio. The Studio are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
The Studio may, but have no obligation to, monitor, edit or remove content that the Studio determine in the Studio sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Studio and/or Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. The Studio takes no responsibility and assumes no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the Studio and/or Site is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, Service, transit times and availability. The Studio reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
The Studio undertakes no obligation to update, amend or clarify information in the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site any related website, other websites, or the Internet. The Studio reserves the right to terminate your use of the Studio Service and/or Site or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Studio does not guarantee, represent or warrant that your use of their Service will be uninterrupted, timely, secure or error-free.
The Studio does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time the Studio may remove Service for indefinite periods of time or cancel a service at any time, without notice to you.
You expressly agree that your use of, or inability to use, a Service is at your sole risk. A Service delivered to you through the Site and/or Studio are (except as expressly stated by the Studio) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall the Studio, the directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any Service which occurred whilst using the Studio and/or Site, or for any other claim related in any way to your use of a Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of a Service or any content (or product) posted, transmitted, or otherwise made available via a service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Studio liability shall be limited to the total of your original purchase.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Studio and any of their parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by the Studio or you. You may terminate these Terms of Service at any time by notifying the Studio that you no longer wish to use the Studio Service or when you cease using the Studio and/or the Site.
If in the sole judgment of the Studio you fail, or the Studio suspects that you have failed, to comply with any term or provision of these Terms of Service, the Studio may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Studio and/or Service (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of the Studio to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by the Studio on the Site or in respect to the Studio and/or Service constitutes the entire agreement and understanding between you and the Studio and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and the Studio (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby the Studio provides you Service shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
The Studio reserves the right, at their sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@www.dcimages.com.au