WEBSITE TERMS OF USE
1. Terms of use
1.1. In these terms of use (“Terms”), "we", "us" and "our" means aperturePIX Pty Ltd (ABN 87 666 022 662) of 10 Tipuana Place, Edgewater, WA 6027. Please read these Terms carefully as they apply to your use of this website including any content on it (Website). By accessing or using the Website you agree to be bound by these Terms. If you do not agree to these Terms, you must not use this Website.
1.2. We may revise these Terms from time to time. We will display a notice on the Website indicating when any such revisions have been made.
2. Copyright and other rights
2.1. The content of this Website is subject to copyright and possibly other intellectual property rights.
2.2. The text, images, works and all data, in particular the photographs, featured on the Website (Website Content) are also protected by copyright.
2.3. Subject to the Terms of clause 3 (Licence to use the content on the Website), you acknowledge that any use of the Website and of the Website Content may infringe our copyright or other rights, or the rights of any other owner of the copyright in the Website Content.
3. Licence to use the content on the Website
3.1. We grant you a limited, non-transferable licence to access and use the Website solely for your personal, non-commercial purposes.
3.2. We (or our licensors) own and retain all right, title, and interest in and to the Website and the Website Content at all times, and nothing you do on or in relation to the Website will transfer any intellectual property rights to you or, except for the licences referred to in clauses 3.1 and 3.3, licence you to exercise any intellectual property rights unless this is expressly stated.
3.3. In addition, our Image Purchase Terms and Conditions (“Purchase Terms”) apply to the purchase of a licence to use any of the digital content (our photographs and images available for purchase) on this Website. The Purchase Terms are available here.
3.4. Except as provided in these Terms, the Purchase Terms that are applicable to your purchase, or is permitted in accordance with the copyright law that applies in your jurisdiction, permission to use or copy the Website or Website Content for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at contactme@aperture-pix.com if you wish to seek such consent.
3.5. Subject to applicable law and the Purchase Terms that apply to your purchase, we may revoke the permission referred to in clauses 3.1 and 3.3 at any time and may suspend or deny, in our sole discretion, your access to or use of the Website without notice.
3.6. This Website is provided on an "as is" and "as available" basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Website. The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up-to-date.
3.7. You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
a in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
b for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
c to transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
d to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
e to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
3.8. Additionally, you agree not to:
a use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
b use any manual process to monitor or copy any of the material on the Website or for any other unauthorised purpose without our prior written consent;
c use any automatic or manual process to reverse engineer or decompile any part of the Website;
d use any device, software or routine that interferes with the proper working of the Website;
e introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
f attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site, the server on which the Website is stored, or any server, computer or database connected to the Website;
g attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
h otherwise attempt to interfere with the proper working of the Website.
3.9. We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
3.10. You must also not:
a use any process (including by robot, script, software or the like, whether automated or manual) to scrape, collect or data mine the content of this Website or the Website Content; or
b use the Website Content for the development of any software program, including for the purpose of machine learning or training an artificial intelligence system;
c use any meta data, caption information, or descriptions of Website Content for the purpose of machine learning or training an artificial intelligence system.
4. Linking to the Website
4.1. We encourage you to provide links to the Website. While you may use the name “www.aperture-pix.com” in the text of any such link, you may not use the aperturePIX logo or any of our other trademarks without our prior written consent.
4.2. You must not frame the Website, or represent or imply that any part of the Website belongs to anyone other than us.
4.3. If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
4.4. You should not provide a link which suggests any associations, approvals, or endorsement on our part in respect to your website or business, unless we have expressly agreed in writing.
5. Accuracy of content
5.1. While every effort has been made to show as accurately as possible the colours of the photographs that appear on the Website, we cannot guarantee that your computer monitor or device’s screen will display the colour of the photographs accurately.
5.2. We have made reasonable efforts to use accurate titles, keywords and captions in respect of Website Content, but make no warranty as to their accuracy. Some information may be provided by third parties, including for example descriptions of locations or names of species depicted in Website Content. While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
6. Email and SMS services
6.1. If you contact us via the Website or choose to purchase Digital Content you agree to receive emails from us, such as payment details, alerts when new exhibitions or Digital Content have been launched to the Website. You can manage these emails from us and elect not to receive them by contacting us at contactme@aperture-pix.com.
6.2. If you receive unwanted emails from us, you may contact us to request that emails to you be discontinued by contacting us at contactme@aperture-pix.com.
6.3. While our email services are provided free of charge from us to you, we are not responsible for any phone or email charges incurred by you or any other person who has access to your phone or email address.
7. General restrictions
7.1. In using the Website, you must not:
a provide us with inaccurate or incomplete information;
b violate any applicable laws, or use the Website for any purpose that is unlawful;
c use the email functionality of the Website to send unwanted emails or spam;
d distribute viruses, spy-ware, corrupted files, or any other similar software or programs that may damage the operation of any computer hardware or software;
e collect or store personal data about other users of the Website; or
f engage in any other conduct that inhibits any other person from using or enjoying the Website.
8. Warranties and liabilities
8.1. All express or implied warranties, representations, statements, terms and conditions relating to these Terms and the Website that are not contained in these Terms, are excluded to the maximum extent permitted by law.
8.2. In particular, and without limiting paragraph 8.1:
a while we endeavour to provide a convenient and functional Website, we do not guarantee that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
b we cannot be responsible for any loss, corruption or interception of data sent to or from our Website, which occurs outside of our computer systems (such as those which occur while being sent over the internet).
8.3. We recommend that you install and use up-to-date anti-virus, anti-spy-ware and firewall software on your computer.
8.4. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these Terms or the Website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD 1.00.
8.5. Subject to our obligations under the implied terms, conditions or warranties referred to above, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
a special, indirect, consequential, incidental or punitive damages; or
b damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,
whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
8.6. Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
9. Variation of the Website
9.1. We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
10. Links and advertisements
10.1. The Website may contain links to other third-party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
11. Privacy policy
11.1. In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy. Please click on this link to view our privacy policy.
11.2. You may update any personal information you have given us at any time by emailing contactme@aperture.pix.
11.3. Site data, such as the number of times the Website has been visited, may be collected, stored, used and disclosed to third parties by us. By using the Website, you consent to us collecting, storing, using and disclosing this type of information in accordance with these Terms.
12. Force majeure
12.1. Neither party will be liable for any delay in performing any of its obligations under these Terms if such delay is caused by circumstances beyond the reasonable control of that party.
13. Infringing or objectionable content
13.1. If you believe the Website or Website Content contains elements that are objectionable, or infringe copyright or any other rights, please contact us by emailing contactme@aperture-pix.com.
14. General provisions
14.1. If any part of these Terms is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
14.2. These Terms are governed by the laws of Western Australia, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Western Australia, Australia.
14.3. These Terms constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
14.4. Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
14.5. The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive termination or expiry of these Terms.
14.6. No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
14.7. The word “including” when used in these Terms is not a term of limitation.
Date of last revision: 14 September 2023