Terms of Use
This web site and its contents (" Web Site ") are owned and operated by BGImages Australia ABN 33 198 412 730 (" BGImages "). The use of this Web Site is governed by the following terms and conditions, as amended from time to time (the " Terms and Conditions ").
By using this Web Site you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them. If you do not agree with these Terms and Conditions (including any amendments to them) you should immediately cease using the Web Site. The Web Site may be updated from time to time, including these Terms and Conditions. BGImages encourages you to check this document regularly. By continuing to use this Web Site after these Terms and Conditions have been updated, you acknowledge that you have read and understood the updated Terms and Conditions and agree to be bound by them.
Intellectual property and restrictions on use of content
The Web Site and the materials on this Web Site are subject to copyright. Unless otherwise indicated, the copyright is owned by BGImages, which reserves all rights. Except for the direct purpose of viewing, printing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not reproduce, modify, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without BGImages ' written consent.
BGImages reserves the right to revise the content of, amend links from or withdraw access to the Web Site at any time without notice and without liability to you or any other person.
Links to Third Party Sites and Third Party Advertisements
BGImages assumes no responsibility and accepts no liability for the condition or content of third party web sites which may be linked to or accessed from the Web Site. Except as BGImages may specifically direct otherwise, BGImages does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of BGImages for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Content and other information provided by you and others
Certain parts of the Web Site may allow you to post messages or otherwise submit materials for publication on the Web Site. It is a condition of your use of, and continued access to, the Web Site that you do not restrict or inhibit any other user from using or enjoying the Web Site (or part of it) and do not post any material which is obscene, offensive, pornographic, defamatory, racist, discriminatory, in breach of third party rights (including intellectual property rights) or otherwise in breach of the law.
BGImages may monitor or review the contents of messages and materials posted on the Web Site and reserves the right to edit, refuse to post, or remove any message and materials from the Web Site as it sees fit and without liability. However, BGImages is under no obligation to perform these activities and does not warrant that it will do so. The information and opinions expressed by users of the Web Site are those of the relevant individuals who post them, and BGImages is not responsible for them.
You grant to BGImages a non-exclusive perpetual royalty free licence to copy, adapt, communicate to the public and otherwise use all or any part of the materials, information, ideas, concepts, know-how or techniques provided directly or indirectly by you through the Web Site or your use of the Web Site (including without limitation information gained from the fact that you have accessed the Web Site and information, goods or services you have sought from the Web Site ("Information"). You warrant that you have the ability to grant such rights to BGImages, and agree to indemnify BGImages if any third party takes action against BGImages in relation to Information you provide. All Information and other materials received from you shall be deemed to be non-confidential.
Disclaimer and Limitation of Liability
The Web Site and its entire contents are provided on an "as is" basis. BGImages and its directors give or make no representation or warranty (either express or implied) as to the completeness, accuracy, reliability or availability of the Web Site or its contents nor does it accept any responsibility arising in any way (including from negligence) for errors in, or omissions from, the contents of this Web Site. You should be aware that information current to a particular time or date as placed on the Web Site does not mean that more recent information of the relevant type does not exist, or is not available through other means, or that circumstances have not changed, such that the information does not reflect the state of affairs at any subsequent time. Further, for various reasons, substantial delays may occur before particular information on this Web Site is updated.
BGImages and its directors are not liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising from your use or non use of the Web Site (including the downloading of any materials), or your reliance upon information contained upon it (whether arising from BGImages or any other person's negligence or otherwise). Where any Act of Parliament implies any term, condition, representation or warranty into the contents of this Web Site or your use of or access to the Web Site, and that Act prohibits exclusion of that term, condition, representation or warranty, then that term, condition, representation or warranty is included. If so, and to the extent permitted by the Act, BGImages' liability for any breach of such term, condition, representation or warranty is limited to the supplying of the relevant good or services again, as BGImages may choose.
Indemnity
You agree to indemnify and keep indemnified BGImages and its directors and employees in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which BGImages and its directors and employees may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to the Web Site (or any part of it) or your breach of these Terms and Conditions.
Termination
BGImages reserves the right to revise the content of, amend links from, or withdraw access to the Web Site at any time without notice and liability to you. Your membership of the Web Site, your ability to participate in all or certain parts of the Web Site, or your ability to access the Web Site may be terminated at any time without notice, and without any liability to you. Any indemnities given by you and limitations on BGImage' liability will survive such termination.
Miscellaneous
A right relating to these Terms and Conditions may only be waived by BGImages in writing. These Terms and Conditions are governed by and construed in accordance with the laws of Victoria , Australia . By using the Web Site you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria . If any provision of these Terms and Conditions are found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remaining provisions, which will continue in full force and effect. BGImages' failure to exercise or enforce any rights or any provision of these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by BGImages in writing.
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