COPYRIGHT NOTICE
Ownership of copyright
The copyright of this website and the material on this website (including - without limitation - the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material) is owned by Frontier Publications Pty Ltd, and its licensors.
Copyright license
Frontier Publications Pty Ltd grants to you a worldwide non-exclusive royalty-free revocable license to view this website and the material on this website on a computer or mobile device via a web browser copy and store this website and the material on this website in your web browser cache memory; and print pages from this website for your own [personal and non-commercial] use.
Frontier Publications Pty Ltd does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Frontier Publications Pty Ltd's prior written permission.
Model Releases on Photographs
Permission has been granted to capture the photograph of all of the people in this Photo Library, however, it should be noted that only the subjects that appear in photographs marked as "Model Release" have signed a formal Model Release Agreement.
In every instance, David has made his subjects aware that he is a professional photographer who earns his living from photography. When his attention has been concentrated on a single person or a small group of people, every effort has been made to have them sign a formal Model Release Agreement which allows the photographs captured to be used for commercial purposes.
Every photograph in this library is identified as either having a Model Release or not.
Where a photograph has NOT been marked as having a Model Release, you agree not to hold David Kirkland accountable in any claim relating to your usage of the photograph. You also accept the limit of David's liability to any associated claim can be no more than the charge for the copyright of the photograph or photographs provided.
All associations undertaken by David Kirkland as a photographer have been made in good faith to protect the reputation of the subject. Any photograph deemed as inappropriate or offensive to the subject, for whatever reason, will be withdrawn from this Photo Library on request immediately.
Data mining
The automated and/or systematic collection of data from this website is prohibited.
Permissions
You may request permission to use the copyright materials on this website by writing to manager@kirklandphotos.com
Enforcement of copyright
Frontier Publications Pty Ltd takes the protection of its copyright very seriously.
If Frontier Publications Pty Ltd discovers that you have used its copyright materials in contravention of the license above, Frontier Publications Pty Ltd may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of Frontier Publications Pty Ltd copyright materials that contravenes or may contravene the license above, please report this by email to manager@kirklandphotos.com
Infringing material
If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to manager@kirklandphotos.co
LEGAL DISCLAIMER
This website contains general information about legal matters. The information is not advice, and should not be treated as such.
Limitation of warranties
The legal information on this website is provided “as is” without any representations or warranties, express or implied. Frontier Publications Pty Ltd makes no representations or warranties in relation to the legal information on this website.
Without prejudice to the generality of the foregoing paragraph, Frontier Publications Pty Ltd does not warrant that:
the legal information on this website will be constantly available, or available at all; or
the legal information on this website is complete, true, accurate, up-to-date, or non-misleading.
Professional assistance
You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider.
If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.
You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.
Liability
Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.
PRIVACY STATEMENT
Your privacy is important to Frontier Publications Pty Ltd. This privacy statement provides information about the personal information that Frontier Publications Pty collects, and the ways in which Frontier Publications Pty uses that personal information.
Personal information collection
Frontier Publications Pty may collect and use the following kinds of personal information:
[information about your use of this website
[information that you provide using for the purpose of registering with the website ]
[information about transactions carried out over this website]
[information that you provide for the purpose of subscribing to the website services ]
[any other information that you send to Frontier Publications Pty]
Using personal information
Frontier Publications Pty may use your personal information to:
[administer this website;]
[personalize the website for you;]
[enable your access to and use of the website services;]
[send to you products that you purchase;]
[supply to you services that you purchase;]
[send to you statements and invoices;]
[collect payments from you; and]
[send you marketing communications.]
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Frontier Publications Pty may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
Securing your data
Frontier Publications Pty Ltd will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
Frontier Publications Pty Ltd will store all the personal information you provide [on its secure servers].
[Information relating to electronic transactions entered into via this website will be protected by encryption technology.]
Cross-border data transfers
Information that Frontier Publications Pty Ltd collects may be stored and processed in and transferred between any of the countries in which Frontier Publications Pty operates to enable the use of the information in accordance with this privacy policy.
[In addition, personal information that you submit for publication on the website will be published on the internet and may be available around the world.]
You agree to such cross-border transfers of personal information.
Updating this statement
Frontier Publications Pty Ltd may update this privacy policy by posting a new version on this website.
You should check this page occasionally to ensure you are familiar with any changes.
Other websites
This website contains links to other websites.
Frontier Publications Pty is not responsible for the privacy policies or practices of any third party.
Contact Frontier Publications Pty
If you have any questions about this privacy policy or treatment of your personal information, please write:
by email to manager@kirklandphotos.com
WEBSITE DISCLAIMER
No warranties
This website is provided “as is” without any representations or warranties, express or implied. Frontier Publications Pty Ltdy makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Frontier Publications Pty Ltd does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
Frontier Publications Pty will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
[to the extent that the website is provided free-of-charge, for any direct loss;]
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Frontier Publications Pty Ltd has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit [NAME'S] liability in respect of any:
death or personal injury caused by Frontier Publications Pty Ltd negligence;
fraud or fraudulent misrepresentation on the part of Frontier Publications Pty Ltd or
matter which it would be illegal or unlawful for Frontier Publications Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
[You accept that, as a limited liability entity, Frontier Publications Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Frontier Publications Pty Ltd's officers or employees in respect of any losses you suffer in connection with the website.]
[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Frontier Publications Pty Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Frontier Publications Pty.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
CONTACT:
Should you need to contact us please email manager@kirklandphotos.com or david@kirklandphotos.com
Credit:
This document was created using a Contractology template available at http://www.freenetlaw.com.