About The Website
2.1 The Website is owned by Matthew Lynch (trading as Lynchypx) which for simplicity is referred to herein is Us, We, Our or similar. The Website gives users the ability, subject to these Terms, to:
- view photos,
- purchase and download photos,
- access various commentaries and writings,
- access other user generated content, including text, photographs, images, graphics, videos and audio content.
(collectively known as, "Online Content").
2.2 We may, in our sole discretion, change or discontinue any or all aspects of The Website, including any of the Online Content, at any time without notice and without liability to you.
2.3 You must be at least 18 years old to use The Website. If you are accessing the Website or the Online Content for the benefit of a person younger than 18 years old, then you must fully supervise such use. We do not target children and The Website and the Online Content are not directed towards children without parental involvement, nor do We knowingly collect information from children. Given the nature of the internet, however, We cannot prohibit minors from visiting The Website, including the Online Content. If you believe that a child has provided information to Us through The Website or through Online Content, please contact Us so that we can work with you to remove from Our system any information of concern provided by the child.
About These Terms
3.1 These Terms have the same effect as an agreement in writing and govern your use of The Website. If you do not agree to the Terms, then you may not use The Website. No third party is entitled to the benefit of these Terms.
3.2 We may modify the Terms at any time by posting a notice on The Website of the change(s) and when the change(s) will take effect. If you do not agree to the change(s), you must discontinue using The Website before the change(s) take effect. Your continued use of The Website after any such change(s) take effect constitutes your acceptance of the change(s).
3.3 Each time you visit or log into The Website, you reaffirm your acceptance of and agreement to these Terms. You are responsible for regularly reviewing the Terms.
3.4 These Terms are supplemented by additional terms and conditions such as those relevant to individual sales, or privacy and may be supplemented by other additional terms and conditions applicable to specific areas of The Website or to content or transactions posted in particular areas of The Website. These Terms, together with all such supplemental terms and conditions, govern your use of The Website and the Online Content and your transactions with us.
4.1 If you wish to transact or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about The Website and any pending transactions to an email address you provide to us, or if you have purchased access to any Online Content or have otherwise provided your email address to us or have posted a notice on The Website. If you no longer desire to transact electronically with us, you may no longer use The Website.
4.2 It is your duty to
keep your email address up to date,
maintain a valid email address, and
ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.
4.3 You agree that, if you pay a fee for content as specified in Terms of Sale, that fee:
permits you to access and use the nominated Online Content in accordance with any specific content terms, but
does not permit you to access or use Online Content other than the specific content paid for by your subscription, without paying an additional charge or cost.
4.4 You also acknowledge and agree that all transactions will be performed electronically and that the terms of purchase of access to and use of any Online Content will be governed by Our Terms of Sale. We may change, modify or amend any of our Terms of Sale at any time, without notice. By accessing and using The Website, you signify your agreement that it is your responsibility to be aware of and to regularly review Our Terms of Sale.
4.5 You agree to the following in relation to Discounts:
- Discounts apply ONLY to the promotional period advertised.
- Multiple promotions with discounts may be advertised at any same time and given period.
- Discounts may not be combined with any other offers or discounts
- Discounts may not be redeemed for cash, credit or transferred.
- Customers entitled to a discount must quote, enter or apply the valid discount code prior to order payment and finalization.
- Discounts will not be applied to an order after payment has been made.
- These terms and conditions apply in conjunction with any terms and conditions, written on or associated with, 'the discount'.
5.1 We may suspend or terminate your use of The Website at any time and from time to time, with or without notice and without providing reasons. We also reserve the right, at any time and from time to time, to modify, suspend or discontinue The Website (or any part) , temporarily or permanently, with or without notice. You agree that we are not liable to you or any third party for any such modification, suspension, termination or discontinuance of The Website.
5.2 We also reserve the right to take any other actions in relation to The Website that we, in our sole discretion, believe to be in the interests of The Website and other users of The Website as a whole.
6.1 Matthew Lynch (trading as Lynchypx) owns all rights in The Website, including all online content, subject only to rights of our licensors and licensees under applicable agreements and arrangements. The Website is protected by copyright as a collective work or compilation under Australian copyright laws and those of other countries. All individual articles, photos, blogs, videos, content and other elements comprising The Website and the Online Content are also copyrighted works, and we also have all rights therein, subject only to the rights of our licensors and licensees under applicable agreements and arrangements. You must abide by all copyright notices or restrictions contained on The Website.
6.2 By posting on, or submitting content to, The Website (“Your Submissions”), regardless of the form or medium, you are giving us, and our affiliates, agents, contractors and licensees, the right to:
display or publish the content of Your Submissions on The Website (either in the form submitted by you or in the form of a derivative or adapted work),
store that content, and
distribute and use that content for promotional and marketing purposes.
6.3 Without limiting Section 6.2, You expressly waive your moral rights to the extent they subsist in Your Submissions, including the right of attribution. You understand and agree that (unless you and we agree otherwise) we may compile, re-edit, adapt or modify any of Your Submissions to us, including video content, or create derivative works from any of Your Submissions, either on a stand-alone basis or in combination with other content submitted to us, based solely on the functionality provided and enabled by The Website. Unless you and we agree otherwise, you have no rights with respect to any such actions and we and our contractors and licensees are free to display and publish any videos as so compiled, re-edited, adapted, modified or derived for any period.
6.4 You represent and warrant to us that, in connection with these Terms and The Website:
you have legal capacity to enter into contracts,
you are providing us at all times true, accurate and up to date information about yourself,
you will comply at all times with these Terms and applicable laws,
your use of The Website and any transactions that you make with Us will not violate the laws of any country or the rights of any third party, and
you will be solely responsible for Your Submissions and the consequences of posting or publishing them, including (for example) any personal information, such as your home address, the home address of others or your current location.
We are not responsible for the consequences of your sharing or posting any personal or other information on The Website.
6.5 You may not post content intended to provide professional advice
Restrictions on Your Use
7.1 Your use of The Website and Online Content is restricted. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of The Website or any Online Content.
7.2 Without limiting Section 7.1, you may not distribute any part of The Website or any Online Content over any network, including a local area network, or sell or offer it for sale. No part of the Website or its content may be added to or used to construct any kind of database.
7.3 Just as we from time to time use information and materials from other sources in order to support our Online Content, We respect the right of others to make "fair use" of the information and materials contained on The Website. Accordingly, you may from time to time excerpt and use information and materials on The Website consistent with the principles of "fair use". You may also make one copy of occasional articles of personal interest for your private use.
7.4 We are concerned about the integrity of The Website when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorised to be displayed with our Online Content. Neither you nor any third party may use The Website or any Online Content in any manner that iis not authorised under these Terms or constitutes an infringement of our rights, including copyright.
8.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Us, our licensors or other providers of such material, and are protected by Australian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Policy permits you to use the Website for your non-commercial use only. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted, are reserved by Us.
8.2 You represent and warrant to us that, with regard to Your Submissions:
you own or have the necessary licences, rights, consents and permissions to use, and irrevocably authorize Us to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all of Your Submissions to enable their inclusion and use in the manner contemplated by us and these Terms; and
you have the written consent, release and/or permission of each and every identifiable person in Your Submissions to use their name or likeness to enable inclusion and use of Your Submissions in the manner contemplated by us and these Terms.
8.3 You agree that Your Submissions will not:
include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these Terms;
publish falsehoods or misrepresentations that could damage us or any third party;
include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; or
post advertisements or solicitations of business.
8.4 We also reserve the right to remove or not publish any or all of Your Submissions for any reason and to remove content posted by you without prior notice. You understand and acknowledge that, when you submit content in any form to The Website, we may authorise such content to be distributed or syndicated to or published on other sites owned or operated environments or the web platforms of any of our affiliates.
8.5 You indemnify us, and will keep us indemnified, against any breach of this Section 8 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
8.5 You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of the Online Content infringes your copyright, please contact us at email [email protected]
9.1 You are responsible for your own access to The Website and that includes obtaining, at your own expense, all hardware, equipment, software and services needed to access and use The Website and the Online Content. If you access The Website, an application or any Online Content through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other services, such as wireless access or communications.
9.2 You may not share your username or password. If you are provided with a user name and password to access any part of The Website, including the Online Content, you must not share, give or sell your username or password to any person or company. Excessive viewings or logins by you will be construed by us as fraudulent use of services, which will result in the immediate cancellation of your access to our Online Content without refund. When purchasing access to any Online Content, you must take all actions possible to protect your username and password from fraudulent use.
9.3 You must abide by applicable Commonwealth, State, Territory and international laws. Due to the global nature of the internet, you must comply with all laws, regulations and rules regarding Your Submissions, including those concerning online conduct and acceptable content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
Indemnity by You
10.1 You are responsible for any loss, damage, cost, expense, claim or liability we incur as a result of your violation of these Terms or any breach by you of your responsibilities, representations or warranties.
10.2 You agree to indemnify and hold harmless The Website and its directors, other officers, managers, employees, shareholders, agents, affiliates, contractors and licensors from and against any and all such losses, damages, costs, expenses, claims and liabilities, including legal fees (on a full indemnity basis), resulting from any violation by you of these Terms or any breach by you of your responsibilities, representations and warranties.
11.1 We are not responsible for the availability or content of other services that may be linked to or from The Website. Because we have no control over such services, you agree that we are not responsible for the availability of external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services.
11.2 You further agree that We are not responsible or liable to you or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through services that may be linked to or from The Website.
Disclosure by Us
13.1 We may be legally compelled to disclose certain information. You agree that, if we receive an order issued by a court or a subpoena or an enforceable order, notice or direction from a law enforcement or government agency, we must comply and will do so without your consent or prior notice to you. We will make all reasonable efforts to ensure the ongoing confidentiality of any material so disclosed. You irrevocably authorise us to disclose your IP address, username, name, IP location and other information in response to any such order, subpoena, notice or direction.
Disclaimers - General
14.1 We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of The Website and third parties (e.g., bloggers) are theirs alone, not opinions of Ours. Content created by third parties is the sole responsibility of the third party and its accuracy and completeness are not endorsed or guaranteed by Us. You acknowledge and agree that, by providing you with the ability to view and distribute content through The Website and any Online Content, We are not undertaking any responsibility, obligation or liability regarding the content.
14.2 We and our affiliates, successors, assigns, employees, agents, directors, other officers and shareholders do not undertake or assume any duty to monitor The Website for inappropriate or unlawful content. We and our affiliates, successors, assigns, employees, agents, directors, other officers and shareholders assume no responsibility or liability which may arise from the content of The Website or any Online Content, including claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, The We reserve the right to block or remove communications, postings or materials at any time in our sole discretion.
14.3 The Website is available "as is". We do not warrant that The Website will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through The Website. We do not make any warranties, express or implied, including those of merchantability or fitness for a particular or any purpose, with respect to The Website or any information, goods or services that are available, advertised or sold on or through The Website. We do not make any warranties or representations, nor do We endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on The Website or available through links on The Website. We reserve the right to correct any errors or omissions on The Website.
14.4 Although we intend to take reasonable steps to prevent the introduction of viruses, worms or other malicious materials to The Website, we do not guarantee or warrant that The Website or anything that may be downloaded from The Website will not contain malicious materials of that type. You acknowledge and agree that we are not liable for any damages or harm that you or a third party suffers or incurs and which is attributable to any malicious materials. If you rely on The Website and anything available through The Website, you do so solely at your own risk.
14.5 The Website may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles and other information created by us or by third parties. Due to the number of sources from which content on The Website is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in that content. Accordingly, our Online Content is for your reference only and should not be relied upon by you for any purpose. Information created by third parties that you may access on The Website or through links is not adopted or endorsed by Us and remains the responsibility of such third party. We make no warranties or representations that The Website or any Online Content will meet your requirements, or about the results that you may obtain from your use of The Website and any Online Content.
Limitation of Our Liability
15.1 Our liability to you is limited. We and Our directors, other officers, managers, employees, shareholders, affiliates, agents, contractors and licensors are not liable for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind whatsoever, including lost revenues or profits, loss of business or loss of data, in any way related to or connected with The Website or the Online Content, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in The Website or the Online Content, including as a result of breach of any warranty or representation or other term of these Terms.
15.2 Any claim against us is limited to the amount you paid, if any, for use of The Website or any applicable Online Content. Regardless of any statute or law to the contrary (but subject to Section 15.3), any claim or cause of action arising out of, related to or concerning The Website, your use of The Website, or your access to and use of any Online Content must be commenced within one year after such claim or cause of action first arises. These Terms may be pleaded as an absolute bar to any proceeding commenced more than one year after the claim or cause of action first arises.
15.3 Where we supply you with goods or services and the supply is subject to the laws of New South Wales and/or the Commonwealth:
any non-excludable warranties and conditions implied by the Competition and Consumer Act 2010 (CCA) will apply to this agreement between you and us, but
to the fullest extent permitted by those laws, Our liability for any breach of the implied warranties and conditions is limited to replacing or repairing goods or supplying equivalent goods (or paying the cost of doing so) or re-supplying services (or paying the cost of doing so).
Compliance with Laws
By using The Website, you undertake to comply with all applicable laws and regulations and, without limitation:
- you must ensure that all software you install is lawful, properly licensed and used in accordance with all laws and applicable licences,
- you must not use a service (or allow it to be used) to create, store, host, serve or transmit any:
- illegal content,
- material that infringes copyright,
- defamatory material, or
- virus, malware or other malicious code,
- you must not use a service (or allow it to be used) in connection with or in furtherance of any fraudulent scheme or purpose, and
- you indemnify us, and must keep us indemnified, against any breach of this Clause 16 in relation to any claim, action, liability, cost, expense or charge of any kind whatsoever in connection with any such breach.
Disputes, Governing Law and Survival
17.1 Any dispute between you and Us will be governed by the laws of the State of New South Wales. Any dispute between you and Us must be notified to the other party as soon as it becomes apparent and must be handled by negotiation and consultation between You and Us for at least a three (3) week period from the date of notification.
17.2 You and we submit to the non-exclusive jurisdiction of New South Wales courts and all courts of appeal from them. You will not object to the exercise of jurisdiction by those courts on any basis.
17.3 Clauses 5, 6, 8, 9, 10 to 15, 17 and 18 survive termination for any reason of these Terms or the agreement between you and us.
In the interpretation of these Terms:
headings are for convenience only and do not affect the interpretation of these Terms,
an expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency,
a word denoting the singular includes the plural (and vice versa) and a reference to any gender includes the other genders,
references to “includes” or “including” (and any similar words or expressions) are to be construed without limitation,
references to a “Clause” or a “Section” mean a numbered clause of these Terms and to the sections within each clause, and
references to “affiliates” include any subsidiary, other related body corporate or associate (within the meaning of the Corporations Act 2001 (Cth)) of The Website and to third parties contracting with The Website for the use of The Website - branded environments.
LYNCHYPX welcomes your comments regarding these Terms. If you have any questions and would like further information, please contact us using the CONTACT US form at www.lynchypx.com.au/contact-us/ during business hours Monday to Friday.