TERMS OF USE

1. USE OF WEBSITE

(i) Spektron Pty Ltd ACN 079 676 is the owner and operator of the babyphotos.com.au website ("Babyphotos.com.au"). Unless otherwise specified, the content on this website is presented for the purposes of promoting and marketing Babyphotos.com.au's products and services.

(ii) By using Babyphotos.com.au's website you agree to be bound by Babyphotos.com.au's terms and conditions of use ("terms and conditions) listed below.

2. USE OF COPYRIGHT CONTENT

(i) The Babyphotos.com.au site includes a combination of original content, content that has been licensed from third parties and content that is created and posted by our users. No content from Babyphotos.com.au's website or any website owned, operated, licensed or controlled by Babyphotos.com.au may be used, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

(ii) The service marks, trade names and trademarks are proprietary to Babyphotos.com.au.

(iv) Babyphotos.com.au reserves all of its rights as the copyright owner.

3. MEMBER RESPONSIBILITY FOR UPLOADED CONTENT

All photographs, text, captions or other materials ("Uploaded Content"), posted on Babyphotos.com.au are the sole responsibility of the person who uploaded such content. This means that you are responsible for all Content that you upload, post, email, transmit or otherwise make available via Babyphotos.com.au. Although we maintain the right to review, edit and remove Content from Babyphotos.com.au in our sole discretion, we do not control the Content that is uploaded onto Babyphotos.com.au and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using Babyphotos.com.au, you may be exposed to Content that you find offensive, indecent or objectionable. Under no circumstances will Babyphotos.com.au be liable in any way for any Content, including, but not limited to, the subject matter of any Content, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Babyphotos.com.au.

4. GRANT OF LICENSE

When you post Content to Babyphotos.com.au you choose whether to make that Content "Public" (meaning that such Content will be included in our Community section and will be available to anyone who visits the Babyphotos.com.au site) or "Private" (meaning that such Content will be available only to those who have been given the password or URL address for such photos and will not be indexed or searchable in the Community section of Babyphotos.com.au). By posting Public or Private Content to Babyphotos.com.au you grant Babyphotos.com.au, its affiliates and partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that Content for the purposes of displaying that Content on Babyphotos.com.au. In addition, when you post Public Content to Babyphotos.com.au, you also grant us a license to distribute that Content, either electronically or via other media, to users seeking to download it through the Babyphotos.com.au Desktop or for purposes of other services provided by Babyphotos.com.au and to display such Content on Babyphotos.com.au affiliated sites, including but not limited to other sites owned and operated by Spektron. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed. You may remove Content you have posted on Babyphotos.com.au at any time. When you do remove your Content, the license described above will automatically expire.

5. PROHIBITED CONTENT

Our goal is to maintain high standards of respect and decency. In addition to the Content/action restrictions set forth in the Terms of Use, the following Content is prohibited on Babyphotos.com.au:

A. Content that exploits children or minors.

B. Content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment.

C. Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.

D. Content promoting or providing instructional information about illegal activities.

E. Content depicting cruelty to animals.

F. Copyrighted content or materials that is used without the express permission of the owner. We may examine any Content submitted to Babyphotos.com.au at any time and we maintain the absolute right (but not the obligation) to remove Content or to move Content from "Public" to "Private" status for any reason or no reason, at any time, with or without notice.

4. MAINTAINING YOUR PRIVACY

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Furthermore, you are strongly advised to maintain and protect your privacy by choosing carefully what personally identifiable information you include in content you post on Babyphotos.com.au.

5. REPORTING CONTENT VIOLATIONS

If you believe that any photo on Babyphotos.com.au violates these Babyphotos.com.au rules or your copyright you can report such violation using the link provided on each individual photo page on Babyphotos.com.au.

6. PROMOTION OF PRODUCTS AND SERVICES

(i) Prices listed on this website and terms and conditions of any kind relating to products and services displayed on this website may not be current or complete and therefore under no circumstances constitute an offer or undertaking by Babyphotos.com.au. Babyphotos.com.au reserves the right to vary or modify the information on the website without notice.

(ii) Babyphotos.com.au makes no representation that the products listed in this website are currently available at any time at the prices listed on this website and it is your responsibility to verify product availability and pricing with Babyphotos.com.au by e-mailing customer service info@babyphotos.com.au

7. DISCLAIMER

(i) The content and information on this website is provided "as is" and without warranties of any kind, either express or implied.

(ii) The content and information on this website is altered periodically and changes in circumstances after information is placed on this website may affect the accuracy of the information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information contained on this website.

(iii) Babyphotos.com.au makes no warranties or representations express or implied regarding the quality, accuracy, completeness, timeliness, merchantability or fitness for purpose of any content or information on this website or product referred to on this website.

(iv) Babyphotos.com.au makes no warranties that this website is free of human or mechanical error, technical inaccuracies or typographical errors.

(v) Babyphotos.com.au makes no warranties or representation that the content on this website will not cause damage or that the content is free from any computer virus or any other defects or errors or omissions and refers to the Limitation of Liability section below.

8. LIMITATION OF LIABILITY

(i) You waive and release Babyphotos.com.au, its owners and servants and agents to the fullest extent permitted by law from any and all claims arising out of or related to the use of the content or information made available through Babyphotos.com.au's website or its related websites.

(ii) Babyphotos.com.au, its owners and servants or agents shall not, under any circumstances be liable for any injury, loss or damage arising out of or related to the use, or the inability to use, the content on this website. This limitation of liability includes but is not limited to incidental, special or consequential damages, damages for loss of business or other profits.

9. LEGAL JURISDICTION

This website is operated by Babyphotos.com.au from its offices in Victoria, Australia and by use of this website you agree to submit to the jurisdiction of the courts of Victoria.