TERMS & CONDITIONS
Created: 25 September 2016 | Last update: 13 January, 2018
Please read these Terms & Conditions (“Terms”, “Terms & Conditions”) carefully before using the http://www.ngo-photographers.com (NGO Photographers Alliance) website. This website is operated by the NGO Photographers Alliance. Throughout the site, the terms “we”, “us” and “our” refer to the NGO Photographers Alliance. The NGO Photographers Alliance offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. The NGO Photographers Alliance is owned, operated, maintained and distributed by Ryner St John. All trademarks and copyrights related to the NGO Photographers Alliance are owned by Ryner St John. Submissions to this website are owned by their creators and licensed to Ryner St John. All other content and features available on the Web Site are owned by or licensed to the NGO Photographers Alliance and Ryner St John. Your access to and use of the NGO Photographers Alliance is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the NGO Photographers Alliance. By accessing or using the NGO Photographers Alliance you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the NGO Photographers Alliance. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the NGO Photographers Alliance without restriction.
Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this 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 this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
User Comments, Feedback and Other Submissions
You may use the NGO Photographers Alliance solely for your personal, non-commercial use. You agree that you will not: (a) copy or distribute any part of the NGO Photographers Alliance in any medium without the NGO Photographers Alliance or Ryner St John’s prior written authorization; or (b) alter or modify any part of the NGO Photographers Alliance website in any manner. In order to access some features of the NGO Photographers Alliance, you will have to create an account. You may never use another’s account without permission. When creating your account, you represent and warrant to the NGO Photographers Alliance that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify the NGO Photographers Alliance immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We 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. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, 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 libelous 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 NGO Photographers Alliance 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. We take no responsibility and assume no liability for any comments posted by you or any third-party. The NGO Photographers Alliance does not guarantee any confidentiality with respect to user comments, feedback and other submissions (whether or not published). You shall be solely responsible for your own submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your submission (and all content included therein), including the right to authorise the NGO Photographers Alliance to use the user submission in the manner contemplated by the NGO Photographers Alliance and these Terms of Service. You retain all of your ownership rights in your user submission. However, by submitting the user content to the NGO Photographers Alliance, you hereby grant the NGO Photographers Alliance and Ryner St John an irrevocable, worldwide, non-exclusive, royalty-free, sublicense-able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the user submission in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the NGO Photographers Alliance a non-exclusive license to access your user submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the NGO Photographers Alliance and under these Terms of Service. The NGO Photographers Alliance does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with user submissions. The NGO Photographers Alliance reserves the right to remove user submissions without prior notice (or to refuse to publish any user submission) for any reason, and to terminate or refuse a user’s access to this website for any reason.
Intellectual Property Rights
Except where otherwise indicated, all material included on the Website, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein, are owned by or licensed to the NGO Photographers Alliance, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Website is subject to copyright owned exclusively by the NGO Photographers Alliance. Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the NGO Photographers Alliance or (in the case of User Submissions (as hereinafter defined), the owner of such User Submission). The NGO Photographers Alliance reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the NGO Photographers Alliance that contains typographical errors, inaccuracies or omissions that may relate to descriptions, travel information, place names, real-time events etc. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the NGO Photographers Alliance or on any related website is inaccurate at any time without prior notice (including after you have submitted your order.) We undertake no obligation to update, amend or clarify information in the NGO Photographers Alliance or on any related website except as required by law. No specified update or refresh date applied in the NGO Photographers Alliance or on any related website, should be taken to indicate that all information in the NGO Photographers Alliance or on any related website has been modified or updated.
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 NGO Photographers Alliance 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 NGO Photographers Alliance or any related website, other websites, or the Internet. We reserve the right to terminate your use of the NGO Photographers Alliance or any related website for violating any of the prohibited uses.
We may terminate or suspend access to the NGO Photographers Alliance 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. 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 either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the NGO Photographers Alliance, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may 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 NGO Photographers Alliance (or any part thereof).
Links to Other Websites
The NGO Photographers Alliance may contain links to third-party web sites or services that are not owned or controlled by the NGO Photographers Alliance. The NGO Photographers Alliance has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the NGO Photographers Alliance 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 web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
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 the NGO Photographers Alliance, and supersede and replace any prior agreements we might have between us regarding the NGO Photographers Alliance. We do not guarantee, represent or warrant that your use of the NGO Photographers Alliance will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the NGO Photographers Alliance will be accurate or reliable. You agree that from time to time we may remove the NGO Photographers Alliance for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the NGO Photographers Alliance is at your sole risk. The NGO Photographers Alliance and all products and services delivered to you through the NGO Photographers Alliance are (except as expressly stated by us) 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 NGO Photographers Alliance, our 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 of the NGO Photographers Alliance or any products procured using the NGO Photographers Alliance, or for any other claim related in any way to your use of the NGO Photographers Alliance 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 the NGO Photographers Alliance or any content (or product) posted, transmitted, or otherwise made available via the NGO Photographers Alliance, 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, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless the NGO Photographers Alliance and our 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.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the NGO Photographers Alliance 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 NGO Photographers Alliance. You can review the most current version of the Terms of Service at any time at this page. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the NGO Photographers Alliance following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
The failure of us 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 us on this site or in respect to the NGO Photographers Alliance constitutes the entire agreement and understanding between you and us and govern your use of the NGO Photographers Alliance, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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.
If you have any questions about the Terms & Conditions, please contact us at hello@NGO-photographers.com.