TERMS OF USE

Please read these terms carefully before using this website.

The following is a legal agreement between you (“user”) and Marina Morgan Portraits (defined below), which governs your use of Products (defined below) obtained by purchase through this website at marinamorgan.com.au, or any related domains or subdomains (the “Site”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our” refer to Marina Morgan, the sole trader, doing business as Marina Morgan Portraits.

“Products” referred to by these Terms include but are not limited to: images, prints, contract forms, templates, communications, gift vouchers and certificates and any other documents or services provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Site, obtained from Marina Morgan Portraits.  All such Products are the intellectual property of and are owned by Marina Morgan Portraits.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Marina Morgan Portraits’ Products immediately.

Understand that by using the Site, any Products, services or applications for which you tender payment or otherwise obtain through the Site, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

What We Do

Marina Morgan Portraits is a resource through which you may obtain portrait photography services, printed products and digital products related to photography.

Privacy Policy

mMarina Morgan Portraits permits you to control management of your personal information and invites you to read the complete statement of its current Privacy Policy available here: https://www.marinamorgan.com.au/privacy-policy.

Marina Morgan Portraits will only collect and otherwise access information you voluntarily provide via email or through other direct contact initiated by you.  Marina Morgan Portraits will not sell or otherwise distribute this information to any other individual or entity, except its duly authorized agents, contractors, and other third parties that assist it in its business operations. Marina Morgan Portraits is the sole manager of such information collected on the Site.  Marina Morgan Portraits will use such information to respond to you as necessary.  You grant Marina Morgan Portraits a worldwide, royalty-free, nonexclusive license to use, distribute, reproduce, modify, publish and translate this personal information solely as necessary to fulfill your request(s) or to enable your use of a particular Product or service, such as for shipping of Products.

Affilliate Links

Links on the Site may be affiliate links controlled by parties other than Marina Morgan Portraits to help support the maintenance of the Site.  Marina Morgan Portraits does not assume responsibility for or endorse any content, products, services or use of any of these affiliate Sites and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Marina Morgan Portraits from any loss or damage incurred from dealing with such affiliate.

Stock Photography

Stock photography may be used on the Site – all images are being used under license through the company providing the stock images.

Intellectual Property License

Marina Morgan Portraits owns all intellectual property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Site (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of Marina Morgan Portraits’ services, and; (d) any other intellectual property rights afforded to Marina Morgan Portraits, either through state or federal registration or as otherwise available at common law (“Intellectual Property”).  Except as stated below, Marina Morgan Portraits does not grant you any rights to any Intellectual Property contained within the Products or as may be available to you generally through the Site.

You agree not to make unauthorized use of or otherwise infringe upon Marina Morgan Portraits’ Intellectual Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Marina Morgan Portraits will take whatever legal action is necessary to protect its Intellectual Property in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Marina Morgan Portraits grants you a non-exclusive, non-transferable license to download, view, copy and print the Digital Template Products you purchase solely for personal use, and which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1)  abide by all copyright protections afforded to the Products, both as formally registered and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered, or as otherwise provided by law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond completions necessary. A permission to modify Products consistent with Permitted Use does not expand the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

It is your responsibility to download the Product immediately and securely back up all purchases.  Marina Morgan Portraits is not liable for any loss or damage to Products that occur after download or any customer’s inadvertent or mistaken download of a Product or free download such customer did not intend to purchase or download, and Marina Morgan Portraits will not reimburse you for such downloads. Marina Morgan Portraits will, one time, at your request, send a 24 hour access link to purchased products if you request a new download link after a prior purchase, having otherwise misplaced the download link originally supplied by Marina Morgan Portraits.

Gift Cards

Gift Card issued by Marina Morgan Portraits (Gift Card) is redeemable by contacting Marina Morgan Portraits and making a booking at time slots available at the time of booking.

Gift Card is redeemable for services and goods specified in the Gift Card. Gift Card is not redeemable for cash and cannot be used for payment of credit accounts.

Gift Card must be redeemed before the expiry date shown on the card. It’s up to the Customer to use the full value before the expiry date. Cash will not be given for any unused balance. Unused balance on expiry of your Gift Card will not be refunded or credited. If purchase exceeds available Gift Card balance, the Customer must make up the difference with an alternative form of payment.

Contact

By using the Site and entering personal information, you give Marina Morgan Portraits permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy.  Should you prefer not to be contacted by e-mail, please let Marina Morgan Portraits know by emailing us at hello@marinamorgan.com.au and we will kindly refrain from doing so.

Return/Refund Policy

You acknowledge that all Products and materials are non-refundable and not returnable under any circumstances.  All sales are final.

Warranty

Products are provided “as is”. Marina Morgan Portraits offers no warranty, explicit or implied, regarding any digital products, the accuracy of information, or any rights or or licenses under this agreement including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.

Obtaining materials available through the site is done at your own discretion and at your own risk.

Marina Morgan makes no warranty that the site, products or materials will be accurate and reliable in all instances.

Limitation Of Liability and Indemnification

EXCEPT AS PROHIBITED BY LAW, MARINA MORGAN PORTRAITS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO MARINA Morgan PORTRAITS, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

Limitation Of Liability and Indemnification

These Terms shall be construed in accordance with, and governed in all respects by the laws of VICTORIA, AUSTRALIA. Marina Morgan Portraits reserves the right to change or modify these Terms at any time without notifying You. Again, it is your responsibility to review these Terms prior to use and periodically throughout your use of Marina Morgan Portraits’ Products, materials and services.

Any questions regarding the above Terms may be directed to: hello@marinamorgan.com.au

All rights reserved © Copyright 2020.  Marina Morgan.